BELGIUM Law and Practice Contributed by: André Kegels, Kegels Advocaten
Other provisions may also be relevant, such as: • the International Convention on Standards of Training, Certification and Watch-keeping for Seafarers, 1978; • the International Safety Management Code (the “ISM Code”); and • the International Ship and Port Facility Secu - rity Code (the “ISPS Code”). If refuge is needed per EU Directive 2002/59 (as amended), the Maritime Salvage and Co-ordina - tion Centre (MRCC) manages the incident for all authorities concerned. 2.3 1976 Convention on Limitation of Liability for Maritime Claims Sea-Going Vessels Limitation of liability in Belgium is determined by the London Convention regime (the “1996 LLMC-Regime”). For sea-going vessels, the fol - lowing legislation applies: • the LLMC Protocol of 1996, dated 2 May 1996 (the “LLMC 1996 Protocol”); and • the 2015 LEG.5(99) IMO Resolution raising the amounts (the “IMO Resolution”). Domestic legislation (the NBMC) incorporates the LLMC Regime into Belgian law. Non-Sea-Going Vessels Different provisions apply for the limitation of lia - bility for maritime claims against non-sea-going vessels, such as interior barges, including the CLNI and specific provisions for wreck removal and pollution in regional shipping law. 2.4 Procedure and Requirements for Establishing a Limitation Fund A limitation fund requires two court decisions. Both can be obtained within a few days.
First, a potentially liable person requests authori - sation from the court to set up a fund. The request indicates the amount of security to be issued. The security proposed is to be either a cash payment or a guarantee to the court. The court then orders the amounts to be paid or secured within a deadline. A fund administrator is also appointed. Once the amount of the fund has been paid or secured, the fund administrator drafts a report, which is presented to the court. The court issues a second decision, confirming that a limitation fund was constituted. A potentially liable person can set up the fund. The amount of limitation is calculated in accord - ance with the provisions of the 1996 LLMC regime, the CLNI and or the regional law, as noted in 2.3 1976 Convention on Limitation of Liability for Maritime Claims . The security pro - posed is to be either a cash payment or a guar - antee to the court. The guarantee must be found acceptable by the court. 2.5 Seafarers’ Safety and Owners’ Liability Belgium ratified the MLC through legislation passed on 17 September 2013. As a result, since 2014, statute law has incorporated the MLC, ensuring its implementation and enforcement within the country’s legal framework. Subse - quent amendments to the convention have also received approval. The law provides for penal - ties for non-compliance with the MLC. Moreover, detention of a vessel by Port State Control (PSC) due to non-compliance with the MLC is a fre - quent occurrence. Such detentions also lead to administrative sanctions. It is possible to oppose the findings of PSC or appeal against adminis - trative sanctions; however, as the time bar for
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