BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten
ment of the Federal Public Service of Mobility and Transport. The key piece of legislation applicable to ship registration in Belgium is the NBMC, which has been applicable since 1 September 2020. It is of the utmost importance to realise the fundamen - tal changes in statute law since this date. 1.4 Requirements for Ownership of Vessels Registration is mandatory for sea-going ships under construction in Belgium, but optional for the following sea-going ships: • those operated from Belgium; or • those of which the owner or operator is either: (a) a natural person who is a national of a member state of the European Economic Area; (b) a natural person who has their domicile or principal residence in Belgium; or (c) a legal person that has its actual seat (ie, place of registered office, central admin - istration, or principal place of business) in one of the member states of the European Economic Area. 1.5 Temporary Registration of Vessels Temporary Registration A temporary registration is no more than a regis - tration and a de-registration, which it is possible in Belgium. Bareboat Registration Bareboat registration is possible in Belgium. If the bareboat charter provides for the vessel to enter another registry, the Belgian flag cannot be used for the duration of the bareboat charter. Also, a prior authorisation must be obtained from the authorities.
For a Belgian vessel in a foreign register, con - ditions precedent for receiving an authorisation include: • contractual provisions in the bareboat charter agreement; • the authorisation of the holder of certain in rem rights; and • compatibility of the legislation of the receiving registry. For a foreign vessel in the Belgian registry, con - ditions precedent for receiving an authorisation include the authorisation of the owner and of the receiving flag (which will check on the condition of the vessel). 1.6 Registration of Mortgages The Belgian Ship Registry, in Antwerp, maintains the registration of mortgages in Belgium. Ships, ships under construction and ships undergoing conversion can be encumbered with a ship mortgage. Prior to a ship being registered in the Ship Reg - ister, taxes must have been paid. The formalities are minimal. A ship mortgage can be established by an authentic or a private deed. The Belgian Ship Register requires the following information at the time of registration: • the date of the deed; • the form of the instrument and, if it is an authentic instrument, the indication of the public official from whom or the court from which it emanates; • the surname and first names of the parties, in addition to: (a) for natural persons of Belgian nationality, their national register number;
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