Shipping 2025

BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten

(b) for natural persons of foreign nationality, their domicile; (c) for legal persons under Belgian law, their company registration number; and (d) for legal entities under foreign law, the address of their registered office; and • the nature and main elements of the transac - tion. The following is also required, where appropri - ate: • the amount and the due date of the interest, in addition to the deadline for repayment of the principal; • the conditions to which the claim is subject; • the stipulation of possession of the vessel; and • the choice of domicile. 1.7 Ship Ownership and Mortgages Registry The Ship Register is held in the Belgian shipping register and is open to public inspection. Certificates certifying the inscribed in rem and other rights can be obtained at minimal cost. 2. Marine Casualties and Owners’ Liability 2.1 International Conventions: Pollution and Wreck Removal Pollution The main applicable international conventions and relevant laws that will impact upon the liabil - ity of owners and interested parties in the event of pollution and wreck removal are as follows (however, please note that this list is not exhaus - tive):

• the NBMC, which also implements various international treaties and EU directives, and contains criminal liability provisions, reverses the burden of proof, and authorises authori - ties to arrest vessels that are not in compli - ance; substantial fines and incarceration are also provided for; • to some extent, the Flemish Shipping Decree of 21 January 2022; • the International Convention Relating to Intervention on the High Seas in Cases of Oil Pollution Casualties, 29 November 1969, and Protocol to the Convention, 2 November 1973 (the “Intervention Convention”); • the International Convention for the Preven - tion of Pollution of the Sea by Oil, 12 May 1954 as amended (OILPOL); • the International Convention for the Preven - tion of Pollution from Ships, 2 November 1973, and the Protocol to the Convention, 17 February 1978 (MARPOL 73/78); • the 1982 United Nations Convention on the Law of the Sea, 10 December 1982 (the “Montego Bay Convention”, or UNCLAS); • the 1992 Protocol to the International Con - vention on Civil Liability for Oil Pollution Dam - age, 27 November 1992, as amended in 2000 (the CLC 1992); • the 1992 Protocol to the International Con - vention on the Establishment of an Interna - tional Fund for Compensation for Oil Pollution Damage, 27 November 1992, as amended in 2000 (the “1992 Fund Convention”); • the International Convention on Civil Liability for Bunker Oil Pollution Damage, London, 3 March 2001 (the “2001 Bunker Oil Conven - tion”); • the 2003 Protocol Establishing a Supplemen - tary Fund (the “2003 Supplementary Fund”); • EU Directive 2005/35, O.J. L255/11, 30 Sep - tember 2005, as amended, which has been implemented into Belgian law by various acts;

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