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13 JUIN 2014. - Enforcement and Control Act for the Application of the Maritime Labour Convention 2006 (1)

PHILIPPE, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
PART 1^er. - General provisions
CHAPTER 1^er. - Introductory provisions
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
Art. 2. The purpose of this Act is to establish a system to ensure compliance in accordance with rules 5.1. and 5.2. of the Maritime Labour Convention 2006, the requirements of the Maritime Labour Convention 2006 and the legal, regulatory and treaty provisions that give effect to them in the domestic legal order, including through regular inspections, the introduction of a certification and declaration of conformity system, the drafting of reports, monitoring measures and an effective sanctions system.
CHAPTER 2. - Definitions
Art. 3. For the purposes of this Act, it shall be understood by:
1° "MLC 2006": the Maritime Labour Convention 2006 adopted on 23 February 2006 by the General Conference of the International Labour Organization;
2° "navire": any building that does not operate exclusively in the inland waters or in waters located within or near to sheltered waters or areas where harbour regulations apply;
3° "Belgian flag ship": a ship registered in Belgium and beating Belgian flag in accordance with Belgian legislation;
4° "international travel": a trip from one country to another port;
5° "gross tonnage": the capacity according to the dimensions of a ship;
6° "the designated official": the official, appointed by the King, responsible for monitoring compliance with the law, its enforcement orders and the MLC 2006;
7° "approved body": the approved body within the meaning of the Royal Decree of March 13, 2011 establishing common rules and standards for bodies authorized to conduct inspection and inspection of ships and the relevant activities of the marine administrations;
8° "armator": the owner of the ship or any other entity or person, such as the manager, agent or bare hull charterer, to which the owner has entrusted the responsibility for the operation of the ship and which, by assuming that responsibility, has agreed to carry out the duties and obligations of the shipowners under this Act, regardless of the fact that other entities or persons carry out certain responsibilities or
9° "Direction General Maritime Transport": the Directorate General Maritime Transport of the Federal Public Service Mobility and Transport;
10° "National provisions": the Belgian and international provisions in force in Belgium as long as the inspection on compliance by the vessel is covered by the rules 5.1. and 5.2. of the MLC 2006.
CHAPTER 3. - Scope of application
Art. 4. § 1^er. Except for the exceptions it provides, this Act applies to all vessels belonging to public or private entities normally assigned to commercial activities and to mariners on board.
§ 2. This Act does not apply:
1° to vessels engaged in fishing or similar activities and to vessels of traditional construction and to mariners on board;
2° to warships and auxiliary warships and seafarers on board.
§ 3. In the event of doubt as to the applicability of this Act and its enforcement orders to a Belgian flag-bearing vessel or to a category of Belgian flag-bearing vessels, the issue is decided by the Directorate General Maritime Transport after consultation with the relevant Joint Commission.
§ 4. Any decision taken by the Directorate General Maritime Transport pursuant to paragraph 3 shall be communicated to the Director General of the International Labour Office.
§ .5. The vessel flying the flag of a foreign state that has not ratified the MLC 2006 cannot benefit from more favourable treatment than the vessel flying the flag of a State that has ratified the MLC 2006.
Art. 5. § 1^er. With respect to ships flying Belgian flag, this Act applies only to sailors covered by the Act of 3 June 2007 on various provisions relating to work and its enforcement orders and to sailors working under another status than that of employee.
The shipowner must ensure that sailors working under a different status than that of an employee are entitled to decent working and living conditions equivalent to those guaranteed to salaried sailors by the national provisions giving effect to the MLC 2006 requirements.
§ 2. In respect of vessels flying a flag of a foreign State, the persons employed or engaged or engaged in any capacity on board a ship to which this Act applies shall be considered to be marine. The competent authority whose vessel is flying the flag may exclude certain categories of persons from mariners in accordance with the conditions prescribed by the Maritime Labour Convention 2006. This exclusion may only be taken into account if reference is made in the declaration of conformity of maritime work, or in another document issued by the flag State concerned.
CHAPTER 4. - Dependant obligation of Belgian flag vessels to hold a copy of the Maritime Labour Convention 2006
Art. 6. Any ship flying Belgian flag and falling under the scope of the law shall be available on board a copy of the MLC 2006 in a place that is easily and directly accessible to sailors, designated officials and accredited bodies.
PART 2. - The maritime work certificate and the declaration of conformity of maritime work with respect to Belgian flag vessels
CHAPTER 1^er. - Scope of application
Art. 7. Any ship flying Belgian flag, having a gross tonnage equal to or greater than 500 and carrying out an international voyage or operating from a port or between ports of another country shall keep on board and shall maintain a maritime work certificate and a declaration of conformity of maritime work.
This title also applies to any other Belgian flag vessel upon request from the shipowner to the designated official.
These vessels also fall under the scope of title 1^ertitle 3, chapters 1^er, 3, 4, 5, section 1^re and 6, title 4, chapter 1^ertitle 5, title 6, chapter 1^er, title 7, article 71, article 73, articles 75 to 80 inclusive and title 8.
Art. 8. The Maritime Work Certificate certifies that the working and living conditions of the sailors, including the measures adopted to ensure continuous compliance with the national provisions giving effect to the requirements of MLC 2006, which must be mentioned in the declaration of conformity of the marine work referred to in Chapter 3, have been subject to an inspection as provided by the rules 5.1. and 5.2. of MLC 2006 and comply with these national provisions.
Art. 9. The declaration of conformity of maritime work mentions the national provisions giving effect to the requirements of the MLC 2006 with respect to the working and living conditions of the sailors and sets out the measures adopted by the shipowner to ensure compliance with these national provisions on the vessel concerned.
CHAPTER 2. - The Maritime Work Certificate
Art. 10. The Maritime Work Certificate is established in accordance with the model defined by the King.
Art. 11. The maritime work certificate must be issued or renewed by the designated official when, following an inspection referred to in Chapter 1^er Title 3, it is determined that the vessel complies with or continues to comply with national provisions that give effect to the requirements of MLC 2006 in the following 14 areas:
1° the minimum age of persons employed or engaged or working on board the ship;
2° medical certification;
3° the qualifications of the sailors;
4° contracts for maritime engagement;
5° the use of any private recruitment and placement services licensed or licensed or regulated;
6° the duration of work and rest;
7° the number of the vessel;
8° housing;
9° leisure facilities on board;
10° food and table service;
11° Health and safety and accident prevention;
12° medical care on board;
13° complaint procedures on board;
14° compensation.
Art. 12. At the end of a favourable intermediate inspection under sections 35 and 36, the designated official or the approved agency applies his or her visa to the Maritime Work Certificate.
Art. 13. Without prejudice to the exception referred to in section 14, the validity period of the Maritime Work Certificate may not exceed five years.
Art. 14. When the inspection for the renewal of the Maritime Work Certificate takes place within three months prior to the expiry of the current certificate, the new Maritime Work Certificate is valid from the date on which the inspection was carried out, for a period not exceeding five years from the date on which the certificate was due.
Art. 15. When the inspection for the renewal of the Maritime Work Certificate took place more than three months before the expiry date of the current certificate, the new Maritime Work Certificate is valid for a period not exceeding five years from the date on which the inspection in question took place.
Art. 16. A maritime work certificate may be issued provisionally in three cases:
1° to new ships, upon delivery;
2° when a vessel changes its flag to the Belgian flag;
3° when a shipowner takes on his account the operation of a ship that is new for that shipowner.
Art. 17. The Maritime Work Certificate issued on a provisional basis is established in accordance with the model defined by the King.
Art. 18. The Maritime Work Certificate may only be issued on an interim basis for a period not exceeding six months.
Art. 19. The Maritime Work Certificate may only be issued on an interim basis if it has been determined that the following cumulative conditions are met:
1° the vessel has been inspected, to the extent reasonably possible, in respect of the national provisions corresponding to the areas listed in Article 11, taking into account the verification of the elements referred to in 2° to 4°;
2° the shipowner has demonstrated that adequate procedures are carried out on board to ensure compliance with the national provisions giving effect to the requirements of MLC 2006;
3° the master knows the MLC 2006 requirements and the implementation obligations; and
4° the required information was submitted to the designated official or to the approved body for the establishment of a declaration of conformity of maritime work.
Art. 20. The issuance of a five-year maritime work certificate is subject to the completion of a full inspection, prior to the expiry date of the certificate issued on a provisional basis, as provided for in Chapter 1^er Title 3.
No new Maritime Work Certificate will be issued provisionally after the initial six-month period referred to in section 18.
Art. 21. The Maritime Work Certificate, even when issued on a provisional basis, loses its validity in the following cases:
1° the intermediate inspection referred to in Chapter 1^er title 3 was not completed within the time frame;
2° the Maritime Work Certificate is not subject to a favourable intermediate inspection in accordance with Article 12;
3° there was a change in the vessel's flag;
4° the shipowner ceases to be responsible for the operation of the ship;
5° significant changes were made to the structure or equipment under MLC 2006 title 3.
6° In the case that the certificate loses its validity because of the case referred to in 3°, 4°, or 5°, the new certificate will only be issued if the designated official who delivers it is fully satisfied that the vessel complies with the provisions referred to in Article 11.
Art. 22. The designated officer may withdraw the Maritime Work Certificate if it turns out that the vessel does not comply with the national provisions giving effect to the requirements of MLC 2006 and that it has not been satisfactorily remedied to the deficiencies identified by the designated official or the approved body that conducted the inspection.
Art. 23. When considering a withdrawal of a certificate, the designated official shall take into account the gravity and/or frequency of the breaches and shall hear the shipowner or his delegate in this regard.
CHAPTER 3. - Declaration of Conformity of Maritime Work
Art. 24. The declaration of conformity of maritime work is established in accordance with the model defined by the King.
Art. 25. The declaration of conformity of maritime work includes two parts.
(a) Part I of the declaration of conformity of maritime work is prepared by the designated official and includes:
1° the list of areas to be inspected for the issuance of the Maritime Work Certificate;
2° the national provisions giving effect to the relevant requirements of MLC 2006 and, if necessary, concise explanations as to the content of these national provisions;
3° Belgian provisions relating to certain categories of ships;
4° the equivalent provisions as a whole adopted in accordance with paragraphs 3 and 4 of Article VI of the MLC 2006 or the mention of the absence of such equivalent provisions as a whole;
5° the exemptions granted under Part III of MLC 2006 or the reference to the absence of an exemption.
(b) Part II of the declaration of conformity of maritime work is prepared by the shipowner and sets out the measures it has taken to ensure continuous compliance with the national provisions giving effect to the MLC 2006 requirements between two inspections and the proposed measures to ensure continuous improvement.
Art. 26. The designated official shall issue the declaration of conformity of maritime work after certification of Part II prepared by the shipowner.
Art. 27. The declaration of conformity of maritime work is annexed to the Maritime Work Certificate.
However, the issuance of a declaration of conformity of maritime work is not required during the validity period of the Maritime Work Certificate issued on a provisional basis.
CHAPTER 4. - Language of drafting of certification documents
Art. 28. The maritime work certificate and the declaration of conformity of maritime work are written in French or Dutch, at the choice of the shipowner, and in English.
CHAPTER 5. - Advertising measures
Art. 29. A copy of the maritime work certificate and the declaration of conformity of maritime work is displayed well in a location accessible to seafarers.
Art. 30. The shipowner shall transmit a copy of the maritime work certificate and the declaration of conformity of maritime work, including their possible annexes, upon request of the sailors, designated officials, authorized officials of the port State and representatives of the sailors and shipowners.
PART 3. - Inspections
CHAPTER 1^er. - Inspections of Belgian flag vessels
Art. 31. All vessels flying Belgian flag, whether or not required to be certified, are subject to periodic inspections to ensure that the working and living conditions of sailors on ships flying the Belgian flag, meet and continue to meet the requirements of MLC 2006.
Art. 32. In the first registration of the Belgian flag vessel or in a new registration or in the event of a substantial change in the accommodation of the sailors on board the Belgian flag vessel, the designated official must also inspect the areas of accommodation and leisure facilities.
Art. 33. For vessels constructed prior to the entry into force of MLC 2006 in Belgium, the requirements for the construction and equipment of vessels set out in International Labour Organization Convention No. 92 concerning the accommodation of the crew on board (revised, 1949) continue to apply.
Art. 34. Inspection of vessels required to be certified must be complete and prior to the issuance of the Maritime Work Certificate and the Marine Work Declaration referred to in Part 2 and cover the 14 areas listed in Article 11.
Art. 35. At least one intermediate inspection shall be carried out to verify whether the national provisions implementing the 2006 MLC requirements are still being complied with.
If only one intermediate inspection is performed, it must take place between the second and third anniversary of the date of establishment of the Maritime Work Certificate.
The anniversary date is the day and month of each year that corresponds to the expiry date of the Maritime Work Certificate.
Art. 36. Intermediate inspection is as extensive and thorough as inspections for the renewal of the Maritime Work Certificate.
Art. 37. The inspection for the renewal of the Maritime Work Certificate covers the national provisions that give effect to the requirements of the 2006 MLC that are subject to inspection prior to the issuance of a first Maritime Work Certificate.
Art. 38. The result of all subsequent inspections or other audits on the vessel and any significant defects identified during these audits as well as the date of the finding that the defects were remedied are recorded in a document that the shipowner must keep on board the vessel. This document, which is in English, is annexed to the declaration of conformity of maritime work referred to in Chapter 3 of Title 2.
CHAPTER 2. - Inspection of foreign flag vessels
Art. 39. Each vessel, flying the flag of a foreign State that has or does not ratify the MLC 2006, which is porting in a Belgian port, in the normal course of its activity or for a reason inherent in its operation, may be inspected in that port for the purpose of verifying compliance with the MLC 2006 requirements relating to the working and living conditions of the sailors on board the ship, including the rights of the sailors.
Art. 40. Without prejudice to the cases defined in Article 41 and the competences provided by the Belgian and international provisions relating to the control by the port State, the inspection of vessels flying the flag of a foreign State that has ratified the MLC 2006 is limited to a control of the Maritime Work Certificate and the declaration of conformity of maritime work.
The inspection shall be carried out by the designated official, after boarding the vessel.
Art. 41. § 1^er. The designated official may conduct a detailed inspection to verify that the working and living conditions on board the vessel are met if, on the occasion of an inspection referred to in section 40, on board the vessel and having requested, as appropriate, the Maritime Work Certificate and the declaration of conformity of maritime work, the designated official notes that:
1° the required documents are not submitted or are not kept up-to-date, or have been issued in a false manner, or that the documents do not contain the information required by MLC 2006 or are not valid for another reason; or
2° there are strong grounds for believing that the working and living conditions on board the vessel are not in accordance with the requirements of MLC 2006; or
3° there are reasonable grounds to believe that the vessel changed its flag in order to avoid the requirement to comply with the provisions of MLC 2006; or
4° there is a complaint that the working and living conditions on board the vessel are not in accordance with the requirements of MLC 2006.
§ 2. The designated official shall conduct a detailed inspection if it is found that the working and living conditions of which it is deemed or alleged that they are not in compliance with the requirements of MLC 2006, may constitute a real danger to the safety, health or safety of the sailors, or where there is reason to believe that any breach constitutes a grave breach of the requirements of MLC 2006, including the rights of the marine.
Art. 42. Where a complaint exists in accordance with Article 41, § 1^er, 4°, the inspection must be limited to the subject matter of the complaint, unless the complaint or examination provides substantial grounds for believing that the working and living conditions on board the vessel are not in accordance with the requirements of the MLC 2006.
In this case, a detailed inspection is carried out.
Art. 43. The detailed inspection in the cases referred to in sections 41 and 42 covers the areas listed in Appendix A5-III of MLC 2006.
Art. 44. By complaint under Article 41, § 1^er, 4°, it is appropriate to hear any information submitted by a sailor, a professional body, an association, a union or in general by any person who has an interest in the safety of the ship, including in the aspect of the safety or health of the sailors on board.
CHAPTER 3. - Designated officials
Art. 45. A memorandum of understanding must be concluded between designated officials, including the Directorate General Transport Maritime and the Division of Legal Studies, Documentation and Litigation of the Federal Public Service Employment, Labour and Social Concertation.
This Memorandum of Understanding includes the organization and coordination of inspections, including the distribution of inspection tasks and the preparation and conduct of inspections.
Art. 46. Without prejudice to the functions of judicial police officers, designated officials shall monitor:
1° with respect to Belgian flag vessels, compliance with national provisions giving effect to the requirements of MLC 2006 and compliance with this Act and its enforcement orders;
2° with respect to foreign flag vessels, compliance with MLC 2006.
Art. 47. § 1^er. Designated officials carry out their duties in accordance with the laws and enforcement orders setting out the procedures for the exercise of their skills, rights and duties.
§ 2. Designated officials are allowed, in the course of their missions, at any time of day and night, without prior warning, to board vessels and freely enter all areas, premises and installations of ships, including accommodation and cabins for sailors.
With respect to vessels flying a foreign flag, designated officials are authorized, in the course of their mission, to board ships and to enter freely at any time of day and night, without prior warning, in all spaces, premises and installations of ships, including accommodation and cabins for sailors working or residing on ships only in the cases referred to in sections 41 and 42.
§ 3. When deemed necessary, designated officials shall disclose the information they collect during the course of the exercise of the missions that are carried out by them under this Act, to other officials under other inspection services, and to the competent Belgian and state institutions of which the inspected vessel bears the flag, to the extent that such information may be of interest to them because of the legislation they are responsible for monitoring or applying.
The communication of information is done free of charge and also involves the production, to be informed, of all information materials and the provision of copies in any form.
There is an obligation to disclose this information when requested by designated officials of another inspection service.
However, the information collected during the performance of duties prescribed by the judicial authority may only be disclosed with the express authorization of the judicial authority.
Information concerning personal medical data may only be disclosed or used in accordance with medical confidentiality.
Designated officials may use the information obtained for the purpose of carrying out all of their duties under this Act.
CHAPTER 4. - Enabling accredited bodies
Art. 48. § 1^er. For the purpose of ensuring compliance by Belgian flag vessels with national provisions that give effect to the requirements of MLC 2006 and this Act and its enforcement orders, the King may provide for the authorization of approved bodies.
§ 2. The authorization specifies the scope of the authority of the approved body.
Notwithstanding the application of Article 60, this authorization allows at least to require the correction of the breaches found with respect to the working and living conditions of the sailors and to conduct inspections in this area if a port State so requests.
Art. 49. The Directorate General Maritime Transport keeps up to date and provides the International Labour Office with a list of authorized bodies to act. This list shall indicate the functions that the accredited bodies are authorized to perform.
CHAPTER 5. - Reporting and information requirements
Section 1^re. - Provisions applicable to inspections of Belgian flag vessels
Art. 50. For any inspection on Belgian flag vessels, an inspection report is prepared and forwarded to the Marine Transport Directorate. This report is in English.
In the event of an investigation following a major incident, the report is forwarded to the above-mentioned Directorate General no later than one month after the investigation is completed.
The King determines what is meant by a major incident.
Art. 51. A copy of the report is provided to the master of the inspected vessel.
The master of the inspected vessel displays another copy on the vessel's billboard for marine information.
Art. 52. The designated official shall provide a copy of the report to the representatives of the marines upon request.
Art. 53. The Marine Transport Branch maintains an inspection register.
An annual report on inspection activities for Belgian flag vessels is published within a reasonable period not exceeding six months from the end of the year.
Section 2. - Provisions applicable to inspections of foreign flag vessels
Art. 54. The designated official who, on the occasion of a detailed inspection of a vessel flying a foreign flag carrying a stopover in a Belgian port, finds that the working and living conditions of the sailors on board the vessel are not in accordance with the requirements of MLC 2006, must at the very least:
1° immediately bring to the knowledge, in writing, of the master of the vessel the deficiencies and the delays in which it is to be remedied;
2° prepare and transmit an inspection report to the Directorate General Maritime Transport.
Art. 55. In the event that he considers that the breaches referred to in section 54 are important, or if such breaches relate to a complaint filed under section 42, the designated official shall bring them to the attention of the organizations of shipowners and sailors present in Belgian territory, and may:
1st inform a representative of the administration of the flag State;
2° communicate the relevant information to the competent authorities of the next port of call.
Art. 56. If it considers it necessary, the Directorate General Maritime Transport shall submit to the Director General of the International Labour Office a copy of the inspection report and the response provided by the administration of the flag State within the time prescribed by the designated official.
Art. 57. § 1^er. When a complaint referred to in Chapter 2 of Title 6 filed with the designated official at the port where the ship has made a stopover has not been resolved at the level of the administration of the flag State, and it is not demonstrated that the State is in a position to deal with the complaint, the Directorate General Maritime Transport must provide a copy of the inspection report to the Director General of the International Labour Office, accompanied by any response from the administration of the State of the
§ 2. The Directorate General Maritime Transport informs the organizations of appropriate shipowners and sailors on Belgian territory that a complaint received on land by a designated official has not been resolved at the level of the administration of the flag State and that it has not been demonstrated that this State was able to deal with the complaint in accordance with the procedures prescribed by the MLC 2006.
§ 3. The Marine Transport Branch maintains statistics and information on complaints under Chapter 2 of Title 6 that have been resolved. These statistics and information are communicated at regular intervals to the Director General of the International Labour Office.
CHAPTER 6. - Confidentiality and discretion requirements
Art. 58. Designated officials and accredited bodies must take the necessary steps to ensure the confidentiality of the personal social data they have received in the performance of their mission and to ensure the use of this data for the sole purpose required for the performance of their monitoring mission.
Art. 59. Except as expressly authorized by the author of a complaint or denunciation relating to a breach on board a Belgian flag vessel to the national provisions giving effect to the requirements of MLC 2006 or to a breach on board a ship flying a foreign flag to the requirements of MLC 2006, and for both types of ships, a breach of the rights of sailors, this Act and its enforcement orders, the officials designated
They are also prohibited from revealing to the shipowner or representative or captain that an investigation was conducted following a complaint or denunciation.
PART 4. - Measures that may be prescribed in the event of failure
CHAPTER 1^er. - In respect of ships flying Belgian flag
Art. 60. Without prejudice to the authority to file a report in the event of a finding of violation of the national provisions giving effect to the requirements of MLC 2006, this Act and its enforcement orders, the designated official is authorized to require that any breach be corrected and that a vessel be prohibited from leaving the port at the time of inspection until the necessary measures have been taken when it is a serious health hazard, or that it is prohibited for a ship to leave the port at the time of inspection.
Where there is reason to believe that the breaches that it finds constitute a serious breach of the national provisions that give effect to the requirements of MLC 2006 or represent a serious danger to the safety, health or safety of the sailors, the approved body shall immediately notify the designated official.
Art. 61. Without prejudice to the remedies available under other regulations, the shipowner or master who considers that his rights are adversely affected by the decision of the employee designated under section 60 to prohibit the vessel from leaving the port may lodge an appeal against the decision within fifteen days after notification of the decision in accordance with the applicable provisions.
The appeal is filed by a request addressed to the Commissioner of the State to the Marine Investigation Board and containing the means invoked, in accordance with Article 18 of the Security of Navigation Vessels Act of 5 June 1972.
The appeal is not suspensive.
CHAPTER 2. - In respect of vessels flying foreign flag
Art. 62. Without prejudice to the authority to file a report in the event of a finding of violation of the requirements of MLC 2006, this Act and its enforcement orders, the designated official who, on the occasion of a detailed inspection, finds that the vessel is not in compliance with the requirements of MLC 2006 and that:
1° the working and living conditions on board pose a clear danger to the safety, health or safety of the sailors; or
2° non-compliance constitutes a serious or repeated offence to the requirements of MLC 2006, including the rights of sailors,
Takes the necessary measures to ensure that the vessel does not leave the port until the compliance defects referred to in 1° and 2° have been corrected, or as long as it has not accepted a plan to rectify them and is not convinced that this plan will be implemented quickly.
Art. 63. If the vessel is prohibited from leaving the port, the designated official shall forthwith communicate his decision to the administration of the flag State. It invites a representative of that State to be present, if possible, and requests the State concerned to respond within a time limit that it prescribes.
It also informs without delay the organizations of shipowners and sailors present in the Belgian territory.
PART 5. - Due diligence of designated officials and accredited bodies
Art. 64. All reasonable efforts are being made to avoid unduly the vessel's immobilization or delay in the operation of controls, inspections, prescribed measures to remedy deficiencies and/or coercive measures.
PART 6. - Marine complaints procedures
CHAPTER 1^er. - Complaint procedure on board Belgian flag vessels
Art. 65. § 1^er. Mariners are able to file a complaint on board the Belgian flag vessel where they work on any matter that constitutes an offence to the national provisions giving effect to the requirements of MLC 2006, including the rights of sailors.
§ 2. The complaint procedure is set by the King.
§ 3. The complaint procedure must at the very least include:
1° the possibility for the mariner to file a complaint directly with the master and designated official;
2° the right of the complainant to be accompanied or represented during the complaint procedure on board;
3° the designation of one or more persons who may, in confidence, advise mariners on the procedures to which they may appeal and assist the complainant in any interview or hearing relating to the cause of the dispute.
Art. 66. § 1^er. A document written in English and in the working language of the ship describing the applicable complaint procedure must be submitted to all mariners. This document must include the contact information of the Marine Transport Branch and a person on board the ship who may, in confidence, advise mariners impartially on their complaint and assist them in any other way in the implementation of the complaint procedure that is open to them while on board.
§ 2. The document describing the complaint procedure is accompanied by a minimum model of a complaint form, which is defined by the King.
§ 3. When the mariner files a complaint with the master or other person designated in the complaint procedure, the mariner prefers to use the complaint form referred to in paragraph 2, which he completes, date, sign and surrenders against acknowledgement of receipt.
Art. 67. § 1^er. Where a complaint is filed by a mariner because of an offence to national provisions giving effect to MLC 2006, including the rights of the mariner, no detrimental action may be taken against that person, except on grounds that are alien to that complaint.
§ 2. For the purposes of this article, a detrimental measure includes the rupture of the working relationship, the unilateral modification of working conditions or any other malicious act, regardless of the author, against the sailor who filed a complaint.
§ 3. For the purposes of this article, a complaint must be heard:
1° a substantiated complaint filed by the sailor on board the vessel in accordance with the procedures in force;
2° a substantiated complaint filed with the designated official;
3° a legal action brought by the person concerned;
§ 4. When a detrimental measure is adopted against the complainant within twelve months of the introduction of the complaint, it is up to the person against whom the complaint is directed to prove that the detrimental measure was adopted on grounds that are alien to the complaint.
When a legal action was brought by the complainant, the time limit referred to in paragraph 1^er, is extended until the expiry of a period of three months following the day that the decision has passed into force of evidence.
§ 5. Where in contravention of subsection 1^er a detrimental measure is adopted against the complainant, the complainant may apply for his reinstatement on board the vessel, in his previous service or to allow him to perform his duties under the conditions previously set.
The application shall be filed with the shipowner by a registered letter or handover against acknowledgement of receipt within thirty days of the date of notification of notice, termination without notice or unilateral change of working conditions. The shipowner must take a position on this request within 30 days of his notification.
In the event of reinstatement on board the vessel, in the previous service or function of the conditions set out above, the shipowner is required to pay the lost remuneration as a result of termination or modification of the working conditions and to pay the employers and workers' contributions to that remuneration.
This paragraph does not apply where the detrimental measure occurs after the termination of the working relationship.
CHAPTER 2. - Ground handling of complaints concerning foreign flag vessels
Art. 68. Any sailor on board a ship that is on call in a Belgian port may file a complaint with the designated official of the head of breach of the MLC 2006 requirements, including the rights of the sailors.
Art. 69. § 1^er. The designated official, having a complaint, first checks whether the complaint relates to working and living conditions on board the vessel.
§ 2. When the designated official considers it necessary and taking into account the nature of the complaint, the designated official shall verify, as part of an initial investigation, whether the complaint procedure on board has been considered and whether a detailed inspection is required in accordance with the procedure described in sections 42, 43, 44, 62 and 63.
§ 3. When deemed necessary, the designated official encourages the resolution of the complaint on board the vessel.
Art. 70. Where, in the course of the initial investigation or on-board inspection following the filing of a complaint, no non-compliance referred to in section 62 is found and the complaint has not been resolved on board the vessel, the designated official shall promptly notify the vessel flag State concerned by seeking to obtain, within a prescribed time, advice and a corrective action plan
PART 7. - Offences and Criminal Punishment
CHAPTER 1^er. - responsible for ships flying Belgian flag
Art. 71. A fine of 50 to 500 euros shall be punished by the shipowner, his or her representative, and/or the captain or his representative who does not hold on board the ship available in a place easily and directly accessible by sailors, designated officials and approved bodies a copy of the MLC 2006.
Art. 72. A fine of 100 to 1,000 euros shall be punished by the shipowner, his agent or officer and/or the captain or his representative who:
1° does not keep on board the vessel, subject to the certification requirement, or does not maintain the maritime work certificate (provisory) and/or the declaration of conformity of maritime work;
2° does not disclose a copy of the Maritime Work Certificate and the declaration of conformity of maritime work to mariners, designated officials, representatives of sailors and shipowners who apply for it;
3° did not post a copy of the Maritime Work Certificate and the Marine Work Compliance Declaration in a location accessible to seafarers;
4° does not hold on board the vessel the document referred to in section 38;
5° did not post a copy of the inspection report on the display board in accordance with the requirement under section 51, paragraph 2.
Art. 73. A fine of between 600 and 6,000 euros is punished, the shipowner, his agent or agent and/or the captain or his representative who:
1° does not comply with the procedure for the sailors to file a complaint on board the ship on any matter that constitutes an offence to the national provisions giving effect to the requirements of MLC 2006, including the rights of the sailors;
2° does not give to all sailors on board the vessel the document referred to in section 66 or submit a document that is incomplete or written in a language other than those imposed by section 66.
CHAPTER 2. - Ships flying foreign flag
Art. 74. A fine of between 600 and 6,000 euros is imposed, the shipowner, his or her agent, and/or the captain or his representative who in any way hinders the right of the sailors on board a ship flying a foreign flag and having a stop in a port located in Belgian territory to lodge a complaint on land or to report to the official designated for a breach of the MLC 2006, including the rights of the marine.
CHAPTER 3. - Depends on ships regardless of the state of their flag
Art. 75. A fine of 600 to 6,000 euros shall be punished, the shipowner, his agent or officer and/or the captain or his representative who ship a ship in contempt of the prohibition of leaving the port decided by the official designated under this Act.
Art. 76. Without prejudice to articles 269 to 274 of the Criminal Code and articles 22 and 28 of the Act of 5 June 1972 on the safety of ships, is punishable by a fine of 600 to 6,000 euros, any person who obstructs supervision under this Act and its enforcement orders.
CHAPTER 4. - Rules applicable to criminal sanctions
Art. 77. The penalties provided for in this Act, in respect of the master, may be reduced to a quarter of those to which the shipowner may be sentenced, if it is proven that the master has received the written or verbal order of the shipowner to act in contravention of this Act or its enforcement orders.
Art. 78. In the case of recidivism in the year following a conviction for an offence under this Act or its enforcement orders, the penalty may be increased to a maximum of double the penalty.
Chapter V of Book 1^er, the Criminal Code is not applicable to the offences referred to in this Title.
Art. 79. Chapter VII of Book 1^er of the Criminal Code shall apply to the offences referred to in this Title.
Art. 80. If there are mitigating circumstances, the fine may be reduced below the minimum amount raised by law, but may not be less than 40 per cent of the minimum amount prescribed.
PART 8. - Expenses and travel expenses
Art. 81. The King determines the rewards that may be received from the head of a ship's visit, as well as any intervention made by the designated official as part of the duties imposed by the law or the enforcement orders of that Act. These are dependent on the shipowner.
Art. 82. When an inspection outside Belgium proves necessary, the travel and residence costs of the designated officials who carry out the inspection are borne by the shipowner.
PART 9. - Amendments
Art. 83. § 1^er. In Article 11, § 1^er, paragraph 2 of the Act of 5 June 1972 on the safety of ships the words "to maritime work," are inserted between the words "He watches compliance with the relevant international conventions" and the words "to safeguard human life".
§ 2. In article 29 of the same law, the words "or the Maritime Labour Convention 2006" are inserted between the words "the agreement concerning the charging lines" and the words "the law of the country".
Art. 84. In the Act of 3 June 2007 on various provisions relating to work, an article 28/1 is inserted as follows:
"28/1. § 1^er The King may determine, after consultation with the relevant Joint Commission, the categories of persons who are not sailors, taking into account the following criteria:
1° the length of stay on board the persons concerned;
2° the frequency of work periods performed on board;
3° the main place of work;
4° the reason for being on board;
5° protection normally granted to such persons with regard to working conditions and social matters; ensure that it is comparable to that enjoyed under the Maritime Labour Convention 2006.
§ 2. In the event of a doubt about the membership of a category of persons on the marine, the question is decided by the Directorate General Maritime Transport after consultation with the relevant parity commission. The criteria referred to in paragraph 1^er are taken into consideration during the consideration of the issue.
§ 3. Any order made pursuant to paragraph 1^er is communicated to the Director General of the International Labour Office. »
Art. 85. The following amendments are made in section 34 of the Act:
1° in § 2, 3°, the words ", date of birth or age, place of birth "are inserted between the word "prenom" and the words "and domicile";
2° in the same paragraph, 7°/1 is inserted, as follows:
"7°/1 the annual leave with pay or the formula used to calculate it; »;
3° in the same paragraph, the 8° is supplemented by the words: "and the conditions of its termination, including the expiration date; »;
4° the same paragraph is supplemented by the 9° and 10°, as follows:
"9° the health and social security benefits that must be provided to the sailor by the shipowner;
10° the reference to collective labour agreements that are part of the maritime contract. »
5° the article is supplemented by a paragraph 3 written as follows:
“§3. The mariner must have the opportunity to examine the contract for maritime engagement and seek advice on this subject before signing it, and have all other facilities that are necessary to ensure that it is contracting freely, with sufficient understanding of its rights and obligations. »
Art. 86. In title VI, chapter II, of the same law, a section 3 entitled "Access to information".
Art. 87. In section 3 of the Act, inserted by section 86, an article 43/1 is inserted as follows:
"Art. 43/1. The necessary steps are taken to ensure that specific information on the terms and conditions of use can be readily obtained on board by the sailors, including the master of the vessel, and to ensure that such information, including the copy of the contract of maritime undertaking, is also available for verification to the officials authorized to do so, including those of the authority of the ports where the vessel is porting. »
Art. 88. In the same section 3 of the Act, an article 43/2 is inserted as follows:
"Art. 43/2. When the maritime contract is partially constituted by one or more collective labour agreements, a copy of these agreements must be made available on board.
Where the applicable maritime contract and/or collective labour agreements are not written in English, the following documents are made available in English:
1° A copy of a typical maritime contract;
2° Parties of collective labour agreements whose application is subject to inspection by the port State under the Maritime Labour Convention 2006 adopted on 23 February 2006 by the General Conference of the International Labour Organization and the Act of 13 June 2014 on the enforcement and control of the application of the Maritime Labour Convention.
There is no reason to keep a copy in English available on the shipboats exclusively intended to navigate in the inner sea on which the working language is Dutch or French. »
PART 10. - Entry into force
Art. 89. This Act comes into force on August 20, 2014.
Given in Brussels on 13 June 2014.
PHILIPPE
By the King:
Minister of the North Sea,
J. VANDE LANOTTE
The Minister of Justice,
Ms. A. TURTELBOOM
The Minister of Social Affairs,
Ms. L. ONKELINX
The Minister of Employment,
Ms. M. DE CONINCK
____
Note
(I) House of Representatives
(www.lachambre.be)
Documents: 53-3390 - 2013/2014
Number 1: Bill.
Number two: Report.
Number 3: Text corrected by commission.
No. 4: Text adopted in plenary and transmitted to the Senate.
Full report: 2 and 3 April 2014.
Senate
(www.senate.be)
Documents: 5-2834 - 2013/2014
No. 1: Project not referred to by the Senate.