On Amendments And Additions To The Federal Law On The Continental Shelf Of The Russian Federation "for Marine Scientific Research

Original Language Title: О внесении изменений и дополнений в Федеральный закон "О континентальном шельфе Российской Федерации" в части морских научных исследований

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law on the continental shelf of the Russian Federation "in marine scientific research, passed by the State Duma March 21, 2003 the year approved by the Federation Council April 9, 2003 year Article 1. To amend the Federal law dated November 30, 1995, N 187-FZ "on the continental shelf of the Russian Federation (collection of laws of the Russian Federation, 1995, no. 49, p. 4694; 2001, no. 33, art. 3429) the following amendments and supplements: 1. Paragraph four of article 4 shall be amended as follows:" marine scientific research on the continental shelf (hereinafter referred to as marine scientific research)-fundamental or applied research conducted for these studies and experimental work aimed at providing knowledge on all aspects of the natural processes occurring on the ocean floor and in the subsoil thereof; ".
2. paragraph 18 of article 6 shall be amended as follows: "18) Regulation on the establishment, operation and use of artificial islands, installations and structures for the purpose of prospecting, exploration and exploitation of non-living resources, study, prospecting and harvesting of living resources, marine scientific research and other purposes;".
3. Article 23: the name should read as follows: "article 23. Guidelines for the conduct of marine scientific research, presentation and content of the request for the conduct of marine scientific research ";
to complement the new paragraph 1 as follows: "marine scientific research must be exclusively peaceful in nature, including must not pose a threat to the security and defence of the Russian Federation.";
part one considered part of the second and third paragraph shall be reworded as follows: "foreign States and competent international organizations, as well as authorized foreign States or competent international organizations, foreign citizens and foreign legal entities (hereinafter in this chapter-foreign applicants).";
part two considered part of the third and present it as follows: "the rules for the conduct of marine scientific research, including the procedure for submitting requests to conduct marine scientific research (hereinafter in this chapter-request) and the adoption of decisions, upon request, shall be established by the Government of the Russian Federation in accordance with international treaties of the Russian Federation and the present Federal law.";
part three regarded as part of the fourth and the words "prior to the anticipated date of commencement" should be replaced by the words "before the beginning of the year";
part four take part five;
part of the fifth-eighth count respectively parts of the sixth-ninth to read as follows: "request (for foreign applicants-in Russian and the language of the applicant) must contain information on the nature and objectives of the marine scientific research;
marine scientific research program, which includes a description of the methods and tools of these studies and the technical characteristics of such funds, as well as the names, types, classes, tonnage vessels, subsea manned and unmanned vehicles, aircraft and other vehicles that will be used when undertaking marine scientific research;
the geographical coordinates of the areas in which it is planned to conduct marine scientific research to the routes and areas;
expected date of first arrival in the area of marine scientific research and the date of final withdrawal from the area, and in cases of stand-alone properties scientific equipment date of its posting and removal;
name of organization, under whose leadership the marine scientific research being conducted;
information on the person responsible for the conduct of marine scientific research (head of the expedition);
information on the possible effects of the planned marine scientific research on the marine Wednesday, natural resources;
obligation to comply with the conditions specified in the permit for the conduct of marine scientific research, and ensure that such studies used technical means (including technical data) technology (including technical data) specified in the query.
Russian applicants are certified in due notarization order copies of licenses for carrying out activities under the programme of marine scientific research and subject to licensing in accordance with the legislation of the Russian Federation, as well as in the case of participation in these studies for foreign citizens, foreign legal entities or international organizations are making to request information about all the forms and extent of such participation.
Foreign applicants shall provide information about all the forms and extent of participation of the citizens of the Russian Federation and Russian legal entities in marine scientific research conducted by foreign applicants.

From Russian and foreign applicants may be required further information on marine scientific research for which you are requesting permission. In this case the request is calculated from the date of the submission of the Russian or foreign applicant more information. ";
Supplement parts of the tenth and eleventh as follows: "the placement and use in the continental shelf research facilities and equipment of any type, except those that are specifically designed for research non-living or living resources, as well as ensuring the defence and security of the Russian Federation shall be exercised in accordance with the procedure stipulated by this federal law, for the conduct of marine scientific research. The plant and equipment must bear identification markings indicating the State of registration or the competent international organization to which they belong, as well as to have adequate internationally agreed warning signals to ensure safety of maritime and air navigation, taking into account the norms and standards established by competent international organizations.
Marine scientific research, an area which is at least partially in the internal waters or territorial sea of the Russian Federation, are conducted in the manner prescribed by the Federal law of July 31, 1998 N 155-FZ "on internal waters, the territorial sea and the contiguous zone of the Russian Federation". ".
4. Article 24: part one: the first paragraph add the words "not later than four months from the date of receipt of a request, sends Russian or foreign applicant a permit for the conduct of marine scientific research or notice";
the second and third paragraphs should be deleted;
subparagraphs "a"-"b" shall be amended as follows: "(a)) on refusal of holding the planned marine scientific research;
b) of lack of information provided in the request, the nature, purposes and methods of the conduct of marine scientific research;
in) on the need to provide additional information on the planned marine scientific research, in accordance with article 23 hereof. ";
Part II shall be amended as follows: "permission for the conduct of marine scientific research and the notification under the first paragraph of this article shall be communicated to the foreign applicant through diplomatic channels."
to complement the new paragraph 3 as follows: "permission for the conduct of marine scientific research shall be issued to the Russian applicant or based on the inclusion of its marine scientific research in the annual plan for the conduct of marine scientific research, or in exceptional circumstances. The form, content and the order of consideration of the plan, as well as an exceptional procedure for issuing permits to the applicant Russian conduct of marine scientific research is determined by the rules set forth in article 23 hereof. ";
part three regarded as part of the fourth and after the words "Federal Agency on Hydrometeorology and monitoring of environment Wednesday," add the words "federal body in the field of counteraction of technical reconnaissance and technical protection of information";
part four regarded as part of the fifth and the words "from the date" were replaced by the words "the date".
5. Article 25 shall be amended as follows: "article 25. Grounds for refusing permission for the conduct of marine scientific research by Russian and foreign applicants could be denied a permit for the conduct of marine scientific research, it is doubtful if the exclusively peaceful nature of these studies, as well as if these studies: 1) are relevant to the study, prospecting, exploration and exploitation of non-living resources or study, exploration and the harvesting of living resources;
2) incompatible with the requirements of the protection of the marine Wednesday, living or non-living resources;
3) include drilling on the continental shelf, the use of explosives, pnevmoustrojstv or the introduction of harmful substances into the sea Wednesday;
4) include the construction, operation or use of artificial islands, installations and structures;
5) create unjustifiable interference with activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction over the continental shelf.
Russian or foreign applicant may be denied a permit for the conduct of marine scientific research in the cases if its information on the nature or purpose of these studies is inaccurate.
Russian or foreign applicant may be denied a permit for the conduct of marine scientific research, if it is not completed before the Russian Federation's obligations arising from the Council's marine scientific research.

Russian or foreign applicant may not be granted permission for the conduct of marine scientific research, to be held on the continental shelf beyond 200 nautical miles from the baselines from which the breadth of the territorial sea, with reference to the grounds mentioned in paragraph 1 of this article, except for the areas where for the announcement of the Government of the Russian Federation are conducted or to be conducted regional geological exploration of the continental shelf , prospecting, exploration or development of non-living resources or study, exploration or harvesting of living resources. Information on such areas shall be published in "notices to Mariners".
6. In article 26, the word "query" in appropriate cases "should be replaced with the word" notice "in appropriate cases.
7. Article 27 shall be amended as follows: "article 27. Duties of Russian and foreign applicants, conducting marine scientific research by Russian and foreign applicants authorized to conduct marine scientific research shall: perform international treaties of the Russian Federation and the present Federal law;
submit to the federal body of executive power that is specified in the permit for the conduct of marine scientific research, preliminary reports on the conduct of such studies, as soon as practicable, and the final reports on the completion of studies;
to submit, as soon as practicable, a copy of the data, meteorological, hydrological, hydrochemical, hydrobiological observation, environmental monitoring, pollution Wednesday, as well as other observations provided for permission to conduct marine scientific research in State funds data of the Russian Federation, the location of which are indicated in the authorization;
regularly liaise with shore-based services of the Russian Federation;
immediately inform the federal body of executive power that is specified in the permit for the conduct of marine scientific research, of any, including alleged, a change in the implementation of the programme of marine scientific research;
If the research ships, aircraft, installations and constructions of the equipment required to transmit, in accordance with standard procedures, the World Meteorological Organization in major international synoptic periods through coastal radio (Coast radio station) to the nearest Hydrometeorological Center of the Russian Federation operational data of meteorological, hydrological and upper-air observations, if such observations provided permission for the conduct of marine scientific research, as well as to report detected cases of pollution of the marine oil-Wednesday , toxic substances, waste and sewage management;
not unjustifiably interfere with activities undertaken by the Russian Federation in the exercise of its sovereign rights and jurisdiction over the continental shelf;
remove the installation, construction and devices upon completion of marine scientific research, unless otherwise provided by resolution of the conduct of marine scientific research.
Russian and foreign applicants are obliged to provide for the participation in marine scientific research specially authorized representatives of the Russian Federation, namely their placement and full maintenance on board research vessels, aircraft, installations and buildings on par with your own team (steering) composition, as well as to the representatives of the Russian Federation indicated access to all data and samples obtained during the marine scientific research and transfer of data , with which you can make copies, and samples that can be divided without detriment to their scientific value. The procedure for sending specially authorized representatives of the Russian Federation for participation in marine scientific research, their responsibilities are laid down in the rules for the conduct of marine scientific research referred to in paragraph 3 of article 23 hereof.
8. In article 28: first part shall be reworded as follows: "obtained from marine scientific research data, with which you can make copies, and samples that can be divided without detriment to their scientific value, after processing and analysis, including the final results and conclusions after the completion of these studies, Russian and foreign applicants are required to pass a State scientific organization of the Russian Federation , the location of which shall be specified in the permit for the conduct of marine scientific research. Notice of such transfer of Russian and foreign applicants are referred to the federal body of executive power that is specified in the permit for the conduct of marine scientific research. ";
in the second part, the words "in paragraph 2" shall be replaced with "paragraph 1".
9. In article 29, the words "within 45 days from the date of receipt of the notification of its objections" were replaced by the words "on its opposition within a period of 60 days from the date of receipt of the notification.
10. Article 30 shall be amended as follows: "article 30. Suspension or cessation of marine scientific research

Marine scientific research conducted with violations of international treaties of the Russian Federation and the present Federal law, may be suspended by a decision of the specially authorized federal body of executive power that issued the permit, or bodies referred to in paragraph 2 of article 27 of the present Federal Law specially authorized representatives of the Russian Federation or terminated by a decision of the specially authorized federal body of executive power that issued the permit to conduct these studies.
Marine scientific research can be suspended if they are held: with marine scientific research project that changed their departure from the information provided in the request in accordance with article 23, or in a notification in accordance with article 26 of this federal law;
without the applicant's compliance with its obligations to the Russian Federation.
The resumption of the suspended marine scientific research is allowed only after elimination of violations within the deadlines and providing the relevant federal authority or specified in the second part of article 27 of this federal law, the designated representative of the Russian Federation, made the decision to suspend the marine scientific research guarantees that in the future such violations will not be tolerated.
Marine scientific research shall be subject to immediate termination if: these studies are conducted without permission (except in the cases provided for in articles 24 and 26 of this federal law);
Russian or foreign, the claimant resumed the suspended marine scientific research, without addressing the violations within the prescribed time-limits, due to which these studies were suspended.
Article 2. This federal law shall enter into force on the day of its official publication.
The President of the Russian Federation v. Putin Kremlin, Moscow April 22, 2003 N 50-FZ

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