On Amendments And Additions To The Federal Law On The Exclusive Economic Zone Of The Russian Federation "for Marine Resource Studies And Marine Scientific Research

Original Language Title: О внесении изменений и дополнений в Федеральный закон "Об исключительной экономической зоне Российской Федерации" в части морских ресурсных исследований и морских научных исследований

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RUSSIAN FEDERATION FEDERAL LAW on amendments and additions to the Federal law on the exclusive economic zone of the Russian Federation "for marine resource studies and 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 of December 17, 1998 N 191-FZ "on the exclusive economic zone of the Russian Federation" (collection of laws of the Russian Federation, 1998, N 51, art. 6273) the following amendments and supplements: 1. In paragraph 11 of article 4, paragraph 1, the word "purposes" should be replaced by the word "research".
2. paragraph 18 of article 7 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. name of chapter III shall be amended as follows: "CHAPTER III. STUDY AND USE OF NON-LIVING RESOURCES ".
4. In article 16: the name should read as follows: "article 16. Explore, search, exploration and exploitation of non-living resources ";
in paragraph 1 the words "exploration and exploitation of non-living resources" were replaced by the words "Resource study of non-living resources (hereinafter referred to as the study of non-living resources), their search, exploration and development" after the words "on the basis of the license to" add the words "learning search".
5. name of chapter IV shall be amended as follows: "(chapter IV.) STUDY of living resources and MARINE SCIENTIFIC RESEARCH.
6. Article 18: the name should read as follows: "article 18. Plans for the research of living resources ";
paragraph 1, after the words "conduct resource research" add the words "living resources (hereinafter referred to as the study of living resources)" after the words "the Federal Executive authority for the border guard service," add the words "the Federal Executive Body in the field of counteraction of technical reconnaissance and technical protection of information";
paragraph 2 should be deleted;
paragraph 3 as subclause 2 and the words "resource and marine scientific research" were replaced by the words "living resources" research.
7. In article 19: the name should read as follows: "article 19. Principles of research of living resources, presentation and content of the request to research living resources ";
paragraphs 1 and 2 shall be amended as follows: "1. Study of living resources should be exclusively peaceful in nature, including must not pose a threat to the security and defence of the Russian Federation.
The study of the living resources can be held: Federal Executive authorities and executive authorities of the constituent entities of the Russian Federation, citizens of the Russian Federation and Russian legal entities (hereinafter in this chapter-Russian applicants);
foreign citizens and foreign legal entities, foreign States and competent international organizations (hereinafter in this chapter-foreign applicants).
2. the procedure for the submission and consideration of requests for studies of the living resources (hereinafter in this chapter-query), the query evaluation and decisions shall be determined by the Government of the Russian Federation in accordance with international treaties of the Russian Federation and the present Federal law. ";
in paragraph 3 the words "resource or marine scientific research serves" were replaced by the words "research living resources", the words "or in specially authorized federal executive body in the field of science and technology" and the word "relevant" should be deleted, the words "annual plan" were replaced by the words "the draft annual plan;
in paragraph 4, the words "resource or marine scientific research studies" were replaced with the words "living resources", the words "or in specially authorized federal executive body in the field of science and technology" should be deleted;
paragraph 5: the first paragraph shall be reworded as follows: "5. the request (for foreign applicants-in Russian and the language of the applicant) must contain the following information:";
in the second and third paragraphs, the words "resource or marine scientific research" were replaced by the words "living resources" research;
in the fourth paragraph, the words "resource or marine scientific research studies" were replaced with the words "living resources", the words "other equipment" were replaced by the words "on the technical characteristics of the technical means of research";
in the fifth paragraph, the words "or non-living" should be deleted;
in the sixth and seventh paragraphs the words "resource or marine scientific research" were replaced by the words "living resources" research;
eighth paragraph to read: "the name of the Organization, under whose leadership research is living resources";
in the ninth paragraph of the words "resource or marine scientific research" were replaced by the words "living resources" research;
supplement paragraph read as follows:

"the obligation to abide by the terms and conditions specified in the permit for studies of living resources, and ensure that such studies used technical means (including technical data) technology (including technical data) specified in the query.";
in paragraphs 6 and 7, the words "resource or marine scientific research" were replaced by the words "living resources" research;
in paragraph 8, the words "resource or marine scientific research" were replaced by the words "on studies of living resources", the words "from the date" were replaced by the words "the date".
8. In article 20 paragraph 1: in the first paragraph, the words "or specially authorized federal executive body in the field of science and technology" should be deleted;
paragraph 2 should be deleted;
in the third paragraph, the words "resource or marine scientific research" were replaced by the words "living resources" research;
fifth paragraph: the words "resource or marine scientific research" were replaced by the words "research of living resources, as well as the requirements of paragraph 5 of article 19 of this federal law;
in paragraphs 2 and 3 the words "resource or marine scientific research" were replaced by the words "living resources" research;
in paragraph 4, the words "resource studies research" were replaced with the words "living resources", after the words "the Federal Executive authority for the border guard service," add the words "the Federal Executive Body in the field of counteraction of technical reconnaissance and technical protection of information";
paragraph 5 should be deleted.
9. Article 21 shall be amended as follows: "article 21. Grounds for refusing permission for the research of living resources 1. Russian and foreign applicants could be denied permission to carry out studies of living resources, if you doubt the exclusively peaceful nature of these studies, as well as if these studies: 1) are incompatible with the requirements of the protection of the marine Wednesday, living or non-living resources;
2) include the introduction of harmful substances into the sea Wednesday;
3) include the construction, operation or use of artificial islands, installations and structures;
4) creates an unjustified interference with activities carried out by the Russian Federation in the exercise of its sovereign rights and jurisdiction in the exclusive economic zone.
2. Russian or foreign applicant may be denied permission to carry out studies of living resources, if its information on the nature or purpose of these studies is inaccurate.
3. Russian or foreign applicant may be denied permission to carry out studies of living resources, if he has not fulfilled obligations to the Russian Federation arising from earlier studies of living resources ".
10. Article 22 is deleted.
11. articles 23 and 24 shall be amended as follows: "article 23. Duties of Russian and foreign applicants, oversees research living resources 1. Russian and foreign applicants who have received permission to research living resources shall: perform international treaties of the Russian Federation and the present Federal law;
submit to the federal body of executive power, the specified permission to research living resources, 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 set out in the programme of studies of the living resources in State funds data of the Russian Federation, the location of which shall be specified in the permit for studies of living resources;
regularly liaise with shore-based services of the Russian Federation;
immediately inform the federal body of executive power, the specified permission to research living resources, any, including alleged, a change in the implementation of the programme of studies of living resources;
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 to conduct studies of living resources, 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 in the exclusive economic zone;
remove the installation, construction and devices upon completion of studies of living resources, unless otherwise provided in the resolution to research living resources.

2. In addition, the Russian claimant, if in its studies of the living resources of the participating foreign nationals or foreign legal persons, and the alien shall be obliged to ensure the participation in these studies specially authorized representatives of the Russian Federation from the specially authorized federal executive body for fisheries, the presence of those representatives, namely their placement and full maintenance on board research vessels, aircraft, installations and buildings on par with your own team (governing) structure , as well as to the representatives of the Russian Federation indicated access to all data and samples obtained during the research of living resources, and transmit the data, with which you can make copies, and samples that can be divided without detriment to their scientific value.
3. From studies of the living resources of the 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 studies of living resources. Notice of such transfer of Russian and foreign applicants are referred to the federal body of executive power, the specified permission for the research of living resources.
Article 24. Transmission and publication of the results of studies of the living resources of foreign applicants, who studies living resources may publish the results of these studies or refer them to other persons only with the consent of the Government of the Russian Federation, unless otherwise stipulated by international treaties of the Russian Federation. Such consent is requested by the applicant on foreign diplomatic channels. "
12. Article 25: the name to read: "article 25. Change of living resources "research programme;
in paragraph 1 the word "resource" were replaced with the words "research studies of living resources", after the words "the Federal Executive authority for the border guard service," add the words "the Federal Executive Body in the field of counteraction of technical reconnaissance and technical protection of information";
paragraph 2 should be deleted;
paragraph 3 as subclause 2 and the words "from the date" were replaced by the words "the date".
13. Article 26: name shall be reworded as follows: "article 26. Suspension or termination of studies of living resources ";
in paragraph 1 the words "Resource studies" were replaced by the words "a study of living resources", after the words "the Federal Executive Body for the border guard service" add the words "of a federal body of executive power for the defense," word "or" should be deleted, add the words ", as well as specially authorized representatives of the Russian Federation, referred to in paragraph 2 of article 23 of the Federal law";
paragraph 2 should be deleted;
paragraph 3 as subclause 2 and the words "resource or marine scientific research studies" were replaced with the words "living resources", after the word "body" add the words ", in accordance with paragraph 2 of article 23 of this federal law, the designated representative of the Russian Federation", the word "imposing" should be replaced by the word "especially";
paragraph 4 as subclause 3 and: in the first paragraph, the words "Resource or marine scientific research" were replaced by the words "a study of living resources";
in the third paragraph, the words "project resource or marine scientific research" were replaced by the words "living resources" research;
fourth paragraph, add the words "in connection with earlier studies of living resources".
14. Chapter IV of article 26-1 be supplemented as follows: "article 26-1. Marine scientific research 1. Marine scientific research on the basis of appropriate permissions can be performed by Russian claimants, foreign States and competent international organizations, as well as foreign citizens and foreign legal entities authorized by foreign States or competent international organizations.
2. marine scientific research must be exclusively peaceful in nature, including must not pose a threat to the security and defence of the Russian Federation.
3. The conditions and procedures for issuing permits for the conduct of marine scientific research, as well as the modalities of these studies shall be established by the Federal law dated November 30, 1995, N 187-FZ "on the continental shelf of the Russian Federation and international treaties of the Russian Federation.
4. 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".

5. placement and use in the exclusive economic zone of research facilities and equipment of any type, except those that are specifically designed for research living or non-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. ".
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 48-ФЗ

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