Ley Nº 17.033 - Normas referentes a mar territorial, zona económica exclusiva y plataforma continental

Urnauay Act No, 17,033of 20 November 1998 4 The Senate and the ChamberofRepresentatives of the EasternRepublic ofUruguay,meeting in general assembly, decree: Article 1 The sovereignty of Uruguay extends beyond its continentaland island territory and internal watersto the territorialsea, including its bed and subsoil and the airspaceover it. The breadth of the territorial sea ofUruguay is fixed at 12 nauticalmiles, measured from baselines determinedin accordance with article 14 of this Act. The outer limit ofthe territorial sea is the line every point of which is at a distance from the nearestpoint of the baseline equal to the breadth of the territorial sea. Article 2 Ships of all States are recognized as having the right of innocentpassage through the territorialsea, providedthat such passage is in conformity with the United Nations Conventionon the Law of the Sea of 10 December 1982 (hereinafter referred to as "the Convention"), other rules of internationallaw and such laws and regulations as Uruguay may adopt as a coastal State. NUClear-powered ships and ships carrying nuclearor other inherentlydangerousor noxious substances whicbwish to exercise the right ofinnocentpassage shall observe the specialprecautionarymeasuresestablishedby the applicableinternationalagreements and by such regulatoryprovisionsas the executive authoritymay adopt for thesepurposes. The executive authority shall also adopt the regulations applicableto the passage of warshipsthroughthe territorialsea. Article 3 The contiguous zone ofUruguay extends from the outer limit of the territorial sea up to a distanceof 24 nauticalmiles-fromthe baselines established in article 14 of thisAct for measuring the breadth ofthe territorialsea, In this zone, Uruguay shall exercise the controlnecessary to: A. Prevent infringement of its customs, fiscal, immigrationor sanitary laws and regulationswithin its territoryor territorial sea; B. Punish infringementofthe above laws and regulationscommittedwithin its territoryor territorial sea, 4 Transmitted by the Permanent Missionof Uruguay to the United Nations in a noteNo. 147/99of 13July 1999. Article4 The exclusive economic zone ofUruguay extends from the outer limit of the territorial sea up to a distance of 200 nauticalmiles from the baselines establishedin article 14 of this Act for measuringthe breadth of the territorialsea. Article 5 In the exclusive economic zone Uruguay has sovereignrights for the purpose of exploring and exploiting, conservingand managing the natural resources, whether living or non-living, of the waters superjacentto the seabed a:nd of the seabed and its subsoil, and with regard to other activities for the economicexploitationand explorationof the zone, such as the production ofenergy from the water, currents and winds. Article 6 In the exclusive economic zone, Uruguay has jurisdiction with regard to: A. The establishmentand use of artificial islands, installations and structures. Uruguay has the exclusive right to construct and to authorizeand regulate the construction, operationand use of such artificial islands, installations and structures, regardless of their nature or characteristics; B. Marine scientific research; C. The protection and preservation of the marine environment. In its exclusive economic zone, Uruguay shall alsohave the other rights and dutiesprovided for in the Convention. In the exclusive economic zone, all States enjoy, subject to the Convention,the freedomsof navigationand overflightand of the laying ofsubmarine cables and pipelines, and other internationallylawful uses of the sea related to these freedoms, such as those associatedwith the operationof ships, aircraft and submarinecables and p:ipelines, where this does not affect the sovereignrights and jurisdictionof Uruguay and compliancewith its obligations in the zone. Article7 Where the same stock or stocks of associatedspecies (straddlingspecies)occur both within the exclusive economic zone and in an area beyond and adjacent to it on the high seas,Uruguay shall agree with the States fishing for such stocks in the adjacent area upon the measuresnecessary for the managementand conservationof these stocks,which measures shall take into account and be compatiblewith the measures adopted in that regard by Uruguayin its exclusive economic zone. In addition, Uruguay shall, taking into account the best scientificevidence available to it, adopt emergency managementand conservationmeasureswith regard to straddlingfish stocks or highly migratory fish stocks in its exclusiveeconomiczone; it shall extend such measures to the adjacenthigh seas area, in coordination, where applicable, with the States fishing for such stocks in that adjacent area, where a natural phenomenon would have adverseeffects on the situation of one or more of the said speciesor their survivalwould be threatenedas a result of human activity,through either fishing or pollution. Article 8 The carrying out by other Statesof military exercisesor any other military activities in the exclusive economic zone ofUruguay, particularly those involving the use ofanns,explosives or other aggressive or polluting means for any non-peaceful purpose shall in every case be subject to the authorizationof the Governmentof Uruguay. Article 9 The provisions of the preceding articles are withoutprejudiceto the provisions of the Treaty concerning the Rio de la Plata and the correspondingmaritimeboundary,of 19 November 1979,particularly chaptersXV (Navigation), article 72; XVI (Fishing), articles 73 to 77; xvm (Research), article 79; and XX (Defence),articles 85 and 86. Article 10 The continental shelf of Uruguay comprisesthe seabedand subsoil of the submarineareas that extend beyond its territorial sea throughout the natural prolongationof its land territory to the outer edge of the continental margin. The executive authority shall, through a special conunission, chaired by a representativeof the Ministryof ForeignAffairs and composed of representatives of the competentorganizations, arrange for and coordinatethe actionsnecessaryto establish the outer edge of the continentalshelf of Uruguay, in accordancewith the provisions of article76of the Convention. Article 11 Uruguay exercises over the continentalshelf sovereignrights for the purpose of exploring it and exploiting its natural resources. "Natural resources of the continentalshelf" means the mineral and other non-living resourcesof the seabed and subsoiltogether with living organismsbelonging to sedentaryspecies,that is to say, organismswhich, at the harvestable stage, either are immobile on or under the seabed or are unable to move except in constantphysical contactwith the seabed or the subsoil. Article 12 The delineation of the course for the laying of submarinecables and pipelines on the continentalshelf of Uruguayshall be subject to the consent of the executiveauthorityand shall in every case be granted. Article 13 Marine scientific research in the exclusiveeconomiczone and on the continentalshelf ofUruguayshall in every case be subject to the authorization of the executiveauthority, in confonnity with the relevant provisionsof the Conventionand the regulations adoptedby the executiveauthorityin that regard. Article 14 The baselines for the measurementof the breadth of the territorial sea and of the other maritimeareas of Uruguayare the normal and straight baselines establishedin annex I (List ofgeographicalcoordinatesand features specifyingthe baselines) of this Act, including the straight line whichmarks the outer limit ofthe Rio de la Plata fromthe maritime lateral limit with the Argentine Republic to Punta del Este, in accordancewith the provisions of the Treaty concerning the Rio de la Plata and the correspondingmaritime boundary, of 19 November 1973. The delineationof these lines is shown on the nautical charts which are annexed hereto as annex II to this Act. Article 15 The waters situated within the baselines establishedpursuant to article 14 of this Act form part of the intemal waters ofUruguay. Article 16 The lateral limits of the territorial sea, the contiguous zone, the exclusive economic zone and the continentalshelf are those derived from the Treaty concerning the Rio de la Plata and the correspondingmaritime boundary,of 19 November 1973, signed with the Argentine Republic, and from the Exchange of Notes signed on 2l July 1972 between the Eastern Republic ofUruguay and the Federative Republic of Brazil. Article 17 ''Nautical mile" means the international nautical mile, which is equivalent to 1,852 metres. Article 18 The Uruguayan navy, through the Naval Oceanography,Hydrography and Meteorology Service, shall be responsiblefor the studies and works necessary to delineate the outer edge of the continental shelf, in conformity with the provisions of article 10 of this Act. The Service shall prepare and update the charts showing the delineation of the maritime limits and zones establishedin this Act. The charts shall be approved by the Ministry ofForeign Affairs prior to their publication and distribution. Article 19 The executive authority shall prepare the correspondingbudgetary estimates to cover the costs of the above-mentionedstudies, works and other actions relating to the preparation and updating of the charts referred to itt articles 10 and 18 of this Act. Article 20 The Ministry ofDefence, through the Naval General Command, is entrusted with the monitoring and supervisionof the maritime areas ofUruguay establishedby this Act. Such monitoring and supervision may be extendedbeyond those areas in exercise of the right ofhot pursuit, in accordance with article 111 of the Convention, or in compliance with the obligations establishedby the rules of intemationallaw with regard to the conservation and managementof fishing in the adjacent area and to maritime search and rescue. Article 21 The executive authority shall adopt the regulationsnecessary for compliance with thisAct. Article 22 All legalor regulatoryprovisions whichconflictwith thisAct are herebyrepealed. DONEin the Conference Room of theUruguayan Senatein Montevideo on 10 November 1998. MARIO FARACHIO Secretary {~ HUGO FERNANDEZ FAINGOLD President [~ List of geographicalcoordinatesand features specifying the baselines of the EasternR lic of Uruguay Delineationof Geographical the line between feature Latitude south Longitude east those points l. Mid-point outer limit Rio de la Plata 35° 38'.0 S 55° 52'.OW Straight (articles 1 and 70 of the Treaty concerning the Rio de la Plata and the corresponding maritime boundary) 2. Intersection of line marking outer limit Rio 34° 58'.2 S 54° 57'.2 W Normal de la Plata with W coastline ofPunta del Este 3. S end Punta del Este 34° 58'.4 S 54° 57'.1 W Straight 4. Punta del Vapor 34° 57'.9 S 54° 56'.4 W Straight 5. Punta Piedras 34° 54'.3 S 54° 48'.4 W Isolated Perimeter Isla de Lobos normal 6. SE end Islote de Lobos 35° 01'.7 S 54° 52'.OW Isolated normal ,. Punta Piedras 34° 54'.3 S 54° 48'.4 W Nonnal.). ., Punta Jose Ignacio 34° 51'.OS 54° 38'.1 W Normalr , 8. Cabo Santa Maria 34° 40'.1 S 54° 99'.OW Straight 9. Shoal E ofstart ofPunto de La Paloma 34° 39'.3 S 54° 08'.2 W Straight breakwater 1<0. E end Piedra Negra 34° 24'.1 S 53° 44'.8 W Straight 11. E end Isla del Marco 34° 21'.0 S 53° 44'.3.W Straight 12. Shoal Punta del Palmar 34° 04'.0 S 53° 44'.3 W Straight 13. Shoal Maria Pia 34° 03'.0 S 53° 32'.0 W Straight 14. Punta del Diablo 34° 02'.5 S 53° 32'.0 W Straight 1:5. Punta Mogote 34° 00'.1 S 53° 32'.0 W Straight 16. Islet SSE Isla Coronilla 33° 56'.6 S 53° 28'.5 W Straight 17. NE end Isla Coronilla 33° 56'.3 S 53° 28'.7W Straight 18. Punta de la Coronilla 33° 55'.4 S 53° 30'.5 W Normal 19. Intersection ofmaritime laterallimit between 33° 44'.8 S 53° 22'.OW Eastern Republic ofUruguay and Brazil with coastline 35· 37· Theboundari4s, maritime Jim~ names and desigWJtiqn shawnon thi: map do nat implyofficialendorsement r neaptance bythe UnitedNati, SO· / // /' " / // /" .' .' / : " 52· 52· /" /., " LANTIC OCEAN 54· A "",.",,,,, ",, ," ,,,,,-',. ,.',.,. .:,.,., 56· MaritimelimzEEtsi usJrokdanthismapor< basedan the andthelistsofgeographical aJardiftat<s sub... 6yUruguay. PrrJj«titm.·~ IJ.,.,:WGsu SalkllldwEpstor.I :j()I)D()(J(J URUGUAY Maritime Claims Legend Straight baselines Outer limit lines of the territorial sea Outer limit lines of the contiguous zone Outer limt lines of the exclusive economic zone Maritime boundary MapIndex:URY·BULol o Divisionfor Ocean Affairsand the Law of the Sea, Officeof LegalAffairs,United Nations, 1999