Text size:

Exclusive Economic Zone Act

Issuer:Riigikogu
Type:act
In force from:01.10.2019
In force until: In force
Translation published:10.06.2019

Exclusive Economic Zone Act

Passed 28.01.1993
RT 1993, 7, 105
Entry into force 19.02.1993

Amended by the following legal instruments (show)

PassedPublishedEntry into force
19.06.2002RT I 2002, 61, 37501.08.2002
19.06.2002RT I 2002, 63, 38701.09.2002
26.11.2009RT I 2009, 62, 40501.01.2010
22.04.2010RT I 2010, 22, 10801.01.2011, enters into force on the date which has been determined in the Decision of the Council of the European Union regarding the abrogation of the derogation established in respect of the Republic of Estonia on the basis provided for in Article 140 (2) of the Treaty on the Functioning of the European Union, Council Decision 2010/416/EU of 13 July 2010 (OJ L 196, 28.07.2010, pp 24–26).
23.02.2011RT I, 21.03.2011, 401.06.2011
19.06.2014RT I, 12.07.2014, 101.01.2015
30.01.2019RT I, 22.02.2019, 101.10.2019
20.02.2019RT I, 19.03.2019, 1301.05.2019

Chapter 1 GENERAL PROVISIONS  

§ 1.  Definition of exclusive economic zone

  The exclusive economic zone is the sea area outside the territorial sea which is adjacent to the latter, and the state exercises its sovereign rights and jurisdiction within the exclusive economic zone in accordance with the generally recognised rules of the international law of the sea, international treaties entered into by the Republic of Estonia, and this Act.

§ 2.  Sovereign rights and jurisdiction of state in exclusive economic zone

 (1) The sovereign rights of the state in its exclusive economic zone are the rights of exploring, exploiting, conserving and managing the natural resources, whether living or nonliving, of the waters superjacent to the seabed, and of the seabed and the subsoil beneath it, and the right to other activities for the exploration and exploitation of the exclusive economic zone.

 (2) The Republic of Estonia has, in its exclusive economic zone, jurisdiction in respect of:
 1) marine scientific research;
 2) protection of the marine environment;
 3) construction of artificial islands and equipment;
 4) other economic activities.

 (3) The exploitation and protection of the seabed and the subsoil beneath the seabed are regulated by the Continental Shelf Act.

 (4) The provisions of the Administrative Procedure Act apply to the administrative proceedings prescribed by this Act, taking account of the special rules provided by this Act.
[RT I 2002, 61, 375 – entry into force 01.08.2002]

§ 3.  Outer limit of exclusive economic zone

  The outer limit of the exclusive economic zone is determined by treaties, to be ratified by the Riigikogu, between the Republic of Estonia and the states opposite the coast of Estonia or adjacent to it.

§ 4.  Freedoms and restrictions

 (1) In the exclusive economic zone, every state has the freedom of sea and air traffic, installation of submarine cables and pipelines and other use of the sea provided that the provisions of this Act and other legislation of Estonia and the generally recognised rules of international law are adhered to.

 (2) Legal and natural persons of foreign states may fish and catch other living resources, conduct respective exploratory research and develop other activities only on the basis of treaties entered into with the Republic of Estonia.

 (3) Where it is necessary to protect the natural environment or natural resources, restrictions on navigation and economic activities may be established in certain areas of the exclusive economic zone by a decision of the Government of the Republic. The boundaries and marking of such areas and the list of restrictions are published in Notices to Mariners.

Chapter 2 PROTECTION AND EXPLOITATION OF LIVING RESOURCES  

§ 5.  Exploration, exploitation and protection of living resources

  The exploration, exploitation and protection of fishery resources and other living resources of the exclusive economic zone are organised exclusively by the Republic of Estonia in compliance with international treaties.

§ 6.  Management of fishing

 (1) For the expedient use and protection of fishery resources, the Government of the Republic of Estonia:
 1) establishes the rules for and conditions of the use and protection of fishery resources;
 2) determines the permitted total annual allowable catch for species of fish;
 3) takes measures to ensure expedient fishing and protection of fishery resources, including the rules for inspection, detention and arrest of fishing vessels;
 4) permits legal and natural persons of foreign states to fish in its exclusive economic zone in accordance with the capacity determined in the treaties entered into with the given states.

 (2) In the exclusive economic zone, legal and natural persons of foreign states must adhere to the requirements for and conditions of the protection of living resources provided by this Act and other legislation of Estonia and the decisions of the Government of the Republic.

Chapter 3 MARINE SCIENTIFIC RESEARCH  

§ 7.  Prerequisites for research

 (1) Marine scientific research is carried out in the exclusive economic zone only with the consent of state agencies whose competence is certified by the Government of the Republic.

 (2) Marine scientific research is carried out exclusively for peaceful purposes.

 (3) Marine scientific research must not unjustifiably interfere with exercise of the sovereign rights and jurisdiction by the state in its exclusive economic zone.

§ 8.  Applying for research permit by foreign organisation

  [Repealed – RT I, 22.02.2019, 1 – entry into force 01.10.2019]

§ 9.  Obligations upon conduct of research

  [Repealed – RT I, 22.02.2019, 1 – entry into force 01.10.2019]

§ 10.  Suspension and prohibition of research

  [Repealed – RT I, 22.02.2019, 1 – entry into force 01.10.2019]

Chapter 4 ARTIFICIAL ISLANDS, CIVIL ENGINEERING WORKS AND EQUIPMENT  

§ 11.  Construction, use and removal of artificial islands, civil engineering works and equipment

 (1) Estonia has, in its exclusive economic zone, the exclusive right to construct artificial islands and civil engineering works, and install equipment for the purpose of exploring and exploiting natural resources or for other economic purposes.

 (2) The Republic of Estonia has jurisdiction over all the artificial islands, civil engineering works and equipment located in its exclusive economic zone.

 (3) Competent state agencies may, for the purpose of ensuring safe navigation, establish safety zones extending up to a distance of 500 m around artificial islands, civil engineering works and equipment.

 (4) The Government of the Republic establishes the conditions for construction of artificial islands and civil engineering works and installation of equipment in the exclusive economic zone, maintenance and use thereof, marking of safety zones, and the conditions for any work related thereto, and the procedure for the issue of respective permits.

 (5) Seafarers are informed about the construction and removal of any artificial islands, civil engineering works and equipment in the exclusive economic zone in Notices to Mariners.

 (6) All legal and natural persons must maintain the working order of the fixtures and signal devices which are owned, possessed or used by them, and which ensure the safety of artificial islands, civil engineering works and equipment.

 (7) Pollution of the marine environment beyond the permitted level from artificial islands, civil engineering works and equipment is prohibited. Artificial islands, civil engineering works and equipment are to be removed from the sea after their use is discontinued.

Chapter 5 PROTECTION OF MARINE ENVIRONMENT  

§ 12.  Legal bases

  Prevention of pollution of the marine environment, reduction and control of pollution load in the exclusive economic zone are carried out in accordance with the international conventions to which the Republic of Estonia has acceded, treaties between the Republic of Estonia and other states, and the legislation of Estonia.

§ 13.  Obligations of legal and natural persons

  All legal and natural persons operating in the exclusive economic zone must prevent pollution of the marine environment. Any indications of pollution and accidents must be immediately reported to a competent state agency and the nearest port of Estonia.

Chapter 51 PROTECTION OF UNDERWATER CULTURAL HERITAGE  
[RT I, 19.03.2019, 13 - entry into force 01.05.2019]

§ 131.  Legal bases

  The protection of underwater cultural heritage, including underwater cultural monuments, archaeological finds and protected archaeological sites, is conducted in accordance with the international treaties of the Republic of Estonia, the Heritage Conservation Act and other legislation of Estonia.
[RT I, 19.03.2019, 13 – entry into force 01.05.2019]

§ 132.  Obligations of persons

  All legal and natural persons operating in the exclusive economic zone must avoid any activities which may deteriorate underwater cultural monuments or the protection zones thereof, archaeological finds and protected archaeological sites, and inform a competent state agency promptly of any indication of such activities.
[RT I, 19.03.2019, 13 – entry into force 01.05.2019]

Chapter 6 SAFEGUARDING OF LEGAL REGIME  

§ 14.  Detention and arrest of vessels

 (1) In the exclusive economic zone, competent state agencies have the right, in accordance with the rules of the international law of the sea, to obtain information from vessels for the purpose of inspection, and detain them where necessary.

 (2) Where a vessel does not comply with the legitimate requests of an official representative of Estonia, the latter has the right to pursuit, stop and arrest the vessel if there is sufficient evidence that:
 1) the vessel has caused pollution beyond the permitted level;
 2) there has been illegal fishing or collection of other natural resources;
 3) illegal research has been carried out.

 (3) The flag state of the vessel is immediately informed about the arrest of the vessel, institution of proceedings and the extent of the liability of alleged offenders.

 (4) The vessel and the crew are released upon payment of sufficient cash bail or other security. It does not preclude the administrative or criminal liability of the offenders to the extent prescribed by Estonian laws for similar offences.

§ 15.  Liability for offences committed in exclusive economic zone

  [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

§ 16.  Treatment of offences

  [Repealed – RT I 2002, 63, 387 – entry into force 01.09.2002]

Chapter 61 LIABILITY  
[Repealed - RT I, 12.07.2014, 1 - entry into force 01.01.2015]

§ 161.  Violation of requirements for protection of exclusive economic zone

  [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

§ 162.  Procedure

  [Repealed – RT I, 12.07.2014, 1 – entry into force 01.01.2015]

Chapter 7 FINAL PROVISIONS  

§ 17.  Establishment of rules for protection of exclusive economic zone

  The Government of the Republic determines the competent state agencies and the procedure for the protection of the exclusive economic zone specified in the provisions of this Act.

§ 18.  Inner limit of exclusive economic zone

  The principles for determining the inner limit of the exclusive economic zone and the coordinates of the baseline of the territorial sea are established by the Riigikogu on the proposal of the Government of the Republic.

https://www.riigiteataja.ee/otsingu_soovitused.json