26894 - BILL REGARDING THE IN 2016 PROCLAMATION OF THE EXCLUSIVE ECONOMIC ZONE OF THE REPUBLIC OF WESTERN ARMENIA

A. Aprahamian, N. Lygeros
Translated from the Greek by Athena Kehagias

Title 1. This present Act may be referred to, as the Law re: the Exclusive Economic Zone 2016

Interpretation 2. (1) In this Act, unless the context requires a different meaning –

The definition “Exclusive Economic Zone” shall apply to the area which is adjacent and is beyond the territorial sea, the limits of which are determined in Article 3.

As “Republic” may be presumed, the Republic of Western Armenia.

“Director” refers to the Director of the Department of the Ministry of Energy.

“Court” refers to the Court as that is stated in Article 10.

“Living resources” include fish and other living organisms, except from sedentary species, as that is determined by Article 77 of the Convention.

“The non-living resources” refers to the mineral, and other non-living resources which are normally found in the seabed and subsoil.

“Nautical Mile” refers to the distance of one thousand eight hundred and fifty two meters.

“Convention” refers to the United Nations Convention re: the Law of the Sea, which was ratified in 1995.

“Minister” refers to the Minister of Energy, or any other person authorized specifically to act regarding it.

(2) The definitions unless otherwise interpreted within this Article, shall be presumed with the meaning given to them within the Convention, and in case of conflict between the Act and the Convention, the interpretation of the Convention shall prevail.

Proclamation and demarcation of the EEZ 3. (1) According to this law, the EEZ has been proclaimed and it must not exceed the 200 NM from the baselines from which the breadth of the territorial sea is measured .

(2) Where an EEZ of a State overlaps a part of the EEZ of another State which is situated on the opposite coastline, then that demarcation should be decided between the two States directly concerned. in the absence of an agreement, the demarcation of the area should not exceed the median line measured from the baselines from which the breadth of the territorial sea is measured.

(3) The exact limits of the EEZ should be made public by Notification of the Minister of Commerce, published in the Official Gazette of the Republic.

Rights and jurisdiction in regards within the EEZ 4. (1) As per the EEZ of the Republic:

(A) sovereign rights for the purpose of exploring and exploiting, conserving and managing both the living natural resources, and the non-living underwater, seabed and subsoil resources, and in regards to other activities re: the exploration and exploitation of the region, as for example: the production of energy from water, currents and wind.

(B) jurisdiction in respect of:

(I) the establishment and utilisation of artificial islands, installations and structures;
(Ii) marine scientific research;
(Iii) the protection and preservation of the marine environment;

(2) The rights, as they are defined by this article, in regards to the seabed and the subsoil, shall be exercised in accordance with the Section of the Convention – Provisions of Continental Relief.

Rights and responsibilities of other States in regards to the EEZ 5. (1) In exercising its rights and the activation of its responsibilities under this Act re: the EEZ, the Republic has to take into consideration the rights and responsibilities of the other States and must act consistently in accordance with the provisions of the Convention.

(2) Re: the EEZ of the Republic, other states enjoy their rights and act as per the Convention.
In exercising their rights and functioning as per them, the States must adapt to the laws and regulations which were adopted by the Republic in accordance with the provisions of the Convention, as well as other articles of international laws which are not inconsistent with the concerned section of the Convention.

Conservation of living resources 6. The Minister may publish the list in the Official Gazette of the Republic, in order to determine what species of the living resources within the EEZ could be caught.
Exploration and exploitation of the living resources 7. (1) Nobody is allowed to explore or exploit the living resources within the EEZ, unless they obtain a permission granted by the Minister in accordance with this Act, or any other law, or his actions are controled, by the director in accordance with the fisheries Act.

(2) (a) Any person who violates the provisions of the subsection (1) of this Article, wouls be commiting an offense which is liable to a fine which would not be exceeding the amount of seven hundred fifty thousand Euro (€ 750,000), and or imprisonment, not exceeding the three years, or both of these penalties.
In the case of a repetition of this offense, that person is subject to a fine not exceeding one million five hundred thousand Euros (€ 1,500,000), and or to imprisonment not exceeding five years, or both of these penalties.

(B) In addition to any penalties imposed by the provisions of the paragraph (a) of this subsection, the court may order the confiscation of any vessel, object, equipment or material, in addition to the prior decision that has been taken into commiting this offense .
Exploration and exploitation of non-living resources 8. (1) Nobody is allowed to explore or exploit the non-living resources within the EEZ, unless they obtain permission granted by the Council of the Ministers, in accordance with this present law, or any other law or regulation.

(2) (a) Any person who violates the provisions of subsection (1) of this Article is commiting an offense which is liable to a fine not exceeding one million eight hundred fifty thousand Euro (€ 1,850,000), or an imprisonment not exceeding five years, or both of these penalties. In the case of a repetition of this offense, that person is subject to a fine not exceeding three million seven hundred thousand Euros (€ 3.7 million), or imprisonment not exceeding ten years, or both of these penalties.

(B) In addition to any penalty imposed by the provisions of subsection (a) of this article, the court may order the confiscation of any vessel, object, equipment or material, in addition to the prior decision that has been taken into commiting this offense.

The liability of a legal person 9. When an offense is committed by a legal person, in violation of the provisions of this present Act, and it is proven that this offense was committed with the consent of, or it is attributed to, the negligence of any adviser, manager, secretary or any other officer of a legal person, then that person is also considered a legal person, and would be as well guilty of this offense.
Exclusive jurisdiction of the Court 10. The Court has exclusive jurisdiction in regards to bring to trial any offense of this Act, and shall have the power to impose any penalty as it is prescribed by this Act, or by the regulations below.

Rules and Regulations 11. (1) The Council of Ministers would be able to create rules and regulations in order to improve the implementation of the provisions of this Act.

(2) Without influence from the generalizations of the subsection (1), rules and regulations may be applied for all, or some of the following goals:
(A) The preservation of the human resources of the EEZ .
(B) The environmental protection in this zone
.(C) In regards to foreign vessels, the regulation of the fishing fields, the types, the sizes, the nets and the quantity which could be used.
(D) the regulation of actions which allow the marine scientific research?
(E) The authority to approach and inspect foreign vessels, to arrest and or confiscate them, if that is considered necessary, in order to ensure compatibility with the laws, rules and regulations which were adopted, in order to safeguard the sovereign rights of the specific Republic, and,
(F) licensing procedures regarding the rights to explode the EEZ.

Validity of the Act. 12. The Act is effective as of the 09.08.2016