The 'MMM' act

The "MMM" act (act of 20 January 1999 on the protection of the marine environment in sea areas under Belgian jurisdiction, see text, PDF, 27pp, 317KB, French and Dutch only) changed by the act of 17 September 2005 (Belgian Official Journal of 13 October 2005) establishes the legal basis for the protection of the Belgian part of the North Sea against sea-related pollution and for the conservation, restoration and development of nature.

The general principles of environmental law are summarised in this important act:

• The prevention principle: prevention is better than cure
• The precautionary principle: preventive measures must be taken if there are grounds for concern regarding pollution
• The principle of sustainable management: human activities must be managed in such a way that the marine ecosystem remains in a condition which ensures the continued use of the sea
• The polluter pays principle: the costs of measures to prevent and fight pollution are to be borne by the polluter
• The principle of restoration: if the environment is damaged or disrupted, the marine environment must be restored to its original condition as far as is possible.

The principle of objective liability is also established: in the event of any damage to or disruption of the environment in sea areas as a result of an accident or an infringement of the law, the party having caused the damage to or disruption of the environment is obliged to remedy this, even if they are not at fault.

In addition, the basis is established for creating marine reserves. There are 3 categories of marine reserves:

• in integral marine reserves no activities are allowed;
• in directed marine reserves, activities will be exceptionally be allowed;
• in special protection zones and the special zones for nature conservation, activities are generally allowed but some activities may be forbidden.

The areas will only be designated when the destination is already known. Further more, there will be agreements with the communities that are active in the area. These agreements have been established.

A general obligation is established, as regards activities for which a permit is required in advance, to prepare a report on the environment effects (at the initiative of the applicant) and to undertake environmental assessment before and during these activities (carried out by the government).

The MMM act modifies a number of provisions in the law of 6 April 1995 implementing the MARPOL convention. For instance, different penalties are imposed depending on whether merchant navy ships, pleasure boats or fishing vessels are involved and provision is made for the possibility of an amicable settlement. There is an obligation to draw up emergency plans in the event of oil pollution on board ships.

The MMM acts also forms the basis on which compulsory navigation courses can be established to safeguard protected areas against shipping accidents or disruption by pleasure boats. Government action in the event of an accident posing the threat of pollution is also defined.

These two laws have made changes to existing legislation on living resources (fisheries), non-living resources (PDF, 8pp., 156KB, French and Dutch only) and shipping.

Implementing decrees

So far the following implementing decrees have been issued in the context of the MMM act:

• Royal Decree of 12 March 2000 on the procedure for dumping certain substances and materials in the North Sea (Belgian Official Journal of 4 April 2000)
• Royal Decree of 21 December 2001 on the protection of species (Belgian Official Journal of 14 February 2002, PDF, 10pp., 83KB).
• Royal Decree of 7 September 2003 on the procedure for permits required for certain activities in sea areas (Belgian Official Journal of 17 September 2003, PDF, 10pp., 90KB)
• Royal Decree of 9 September 2003 on the assessment of environmental effects (Belgian Official Journal of 17 September 2003, PDF, 6pp., 69KB).
• Royal Decree of 8 July 2005 on the simplified procedure for assessment of environmental effects (Belgian Official Journal of 14 July 2005, PDF, 1pp., 17KB);
• Royal Decree of 14 October 2005 on the installation of special protection areas and special zones for nature conservation (Belgian Official Journal of 31 October 2005, PDF, 1pp., 17KB);
• Royal Decree of 14 October 2005 on the conditions for community agreements concerning special protected marine areas (Belgian Official Journal of 31 October 2005, PDF, 3pp., 32KB).

 The "ZEE" act