BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten
Decisions by the PSC are regularly appealed, especially when the vessel is detained. Records show that the courts do not often consider the PSC’s decisions to be erroneous. Since the enactment of the 2006 Maritime Labour Convention (MLC), and notably its recent amendments, the PSC has intensified scrutiny of onboard employment practices to verify their conformity with the MLC. Non-compliance is a frequent cause for sanctioning and even deten - tion. Administrative sanctions can also be imposed when infringements are found by the PSC. Many fines were imposed on ship-owners for not respecting seafarers’ rights during the pan - demic. These fines can be appealed against. The PSC does not have specific powers in rela - tion to marine casualties such as grounding, pollution or wreck removal or seafarers’ casual - ties. However, a marine incident of any nature will result in a PSC inspection, which may then Other authorities can investigate such incidents – for instance, the investigative authorities of the Federal Bureau for the Investigation of Maritime Accidents (FEBIMA) or the Flemish OSB (investi - gation body for shipping accidents and incidents on inland waterways in Flanders), per EU Direc - tive 2009/18, O.J, of 28 May 2009 (as adapted), for the purposes of collecting evidence in order to advise on how to avoid similar incidents in the future. It is prohibited by statute law to use the reports of the FEBIMA (or OSB) as evidence in court proceedings. result in sanctions. Other Authorities
The FEBIMA (or OSB) has authority for marine casualties and incidents whenever at least one of the following criteria is met: • a Belgian-flagged vessel was involved; • the casualty occurred within the Belgian ter - ritorial sea or Belgian internal waters; or • a substantial Belgian interest was involved. FEBIMA (or OSB) investigations include the hear - ing of witnesses. Those investigations may not be hampered. The FEBIMA (or OSB) can detain ships and can arrest any objects involved in an incident. It may also destroy objects for public health and safety reasons. Removing any object involved in an incident without the permission of the FEBIMA (or OSB) is prohibited. The Public Prosecutor may also investigate these incidents, to determine if a criminal offence has been committed. A court-appointed surveyor (sometimes referred to as an “assessor”) may also investigate for the purpose of determining the facts, causes and circumstances of an incident for use in court proceedings. Court surveying proceedings are defended actions. All parties to the proceedings will be invited and may be present and repre - sented at every investigative step the court sur - veyor undertakes. A Belgian court will instruct a Belgian court surveyor if the facts to be deter - mined can usefully be determined in Belgium. This is the rule even if the case on the merits is to be held in another jurisdiction. 1.3 Domestic Legislation Applicable to Ship Registration The governmental authority handling the domes - tic registration of vessels is the Belgian Ship Registry located in Antwerp. This is a depart -
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