Law Enforcement And Enforcement Of The 2006 Maritime Labour Convention (1)

Original Language Title: Loi d'exécution et de contrôle de l'application de la Convention du travail maritime 2006 (1)

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Posted the: 2014-07-11 Numac: 2014204102 SERVICE PUBLIC FEDERAL mobility and transport, SERVICE PUBLIC FÉDÉRAL JUSTICE, SERVICE PUBLIC FEDERAL security social and SERVICE PUBLIC FEDERAL employment, labour and social consultation June 13, 2014. -Law enforcement and enforcement of the 2006 maritime labour Convention (1) PHILIPPE, King of the Belgians, to all, present and future, hi.
The Chambers have adopted and we endorse the following: title 1. -General provisions Chapter 1. -Provisions introductory Article 1.
This Act regulates a matter referred to in article 78 of the Constitution.
S. 2. this Act is designed to create a system to ensure compliance with rules 5.1. and 5.2.
Convention 2006 maritime labour, the requirements of the Convention 2006 maritime labour and legal provisions, regulatory and conventional their giving effect in the legal order internal, through regular inspections by the introduction of a system of certification and declaration of conformity by the drafting of reports, follow-up and by an effective system of sanctions measures.
CHAPTER 2. -Definitions art. 3. for the purposes of this Act, it has to be understood by: 1 ° "MLC 2006": the 2006 maritime labour Convention adopted on 23 February 2006 by the General Conference of the International Labour Organization;
2 ° "vessel": a vessel not navigating exclusively in inland waters or in waters inside or closely adjacent to, sheltered waters or areas where port regulations; applies
3 ° "ship flying the Belgian flag": a vessel registered in Belgium and Belgian flag in accordance with Belgian legislation;
4 ° "international voyage": a voyage from a country to a port in another country;
5 ° "gross tonnage": the capacity depending on the dimensions of a ship;
6 ° "designated officer": designated by the King, the officer responsible for monitoring compliance with the Act, its enforcement orders and the MLC 2006;
7 ° "recognised organisation": the approved organisation within the meaning of the royal decree of March 13, 2011, establishing rules and common standards for organisations to ships inspection and survey organisations and for the relevant activities of maritime administrations;
8 ° "shipowner": the owner of the ship or any other organisation or person such as the Manager, agent or bareboat charterer, which the owner has assumed responsibility for the operation of the ship and who, on assuming such responsibility, has agreed to take charge of the duties and obligations of shipowners under the terms of this Act, regardless the other entities or persons fulfil on behalf of some of those tasks or responsibilities;
9 ° "Directorate General maritime Transport ': the Directorate General maritime Transport of the federal public Service mobility and transport.
10 ° "National provisions": Belgian and international provisions in force in Belgium as long as the inspection on adherence by the ship is covered by rules 5.1. and 5.2. the MLC, 2006.
CHAPTER 3. -Scope art.
4 § 1. Except for the exceptions which it provides, this Act applies to all ships belonging to public or private entities normally engaged in commercial activities and the sailors on board.
§ 2. This Act does not apply: 1 ° to ships engaged in fishing or in similar activity and traditional construction ships and sailors on board.
2 ° to warships and auxiliary naval vessels and sailors on board.
§ 3. In case of doubt regarding the applicability of this Act and its orders of execution to a vessel flying the Belgian flag or class of vessels flying Belgian flag, the question shall be determined by the Directorate General maritime Transport after consultation of the Joint Committee concerned.
§ 4. Any decision taken by the Directorate General maritime Transport in accordance with 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 can benefit from a more favourable treatment than the vessel flying the flag of a State which had ratified the MLC 2006.
S. 5 § 1.
With respect to ships flying Belgian flag, this Act applies only to the sailors referred in the Act of 3 June 2007 on various provisions relating to work and in its orders of execution and sailors working under a different status than that of employee.
The shipowner shall ensure that seafarers working under a different status than that of employee benefit work and decent living conditions equivalent to those guaranteed to seamen employed by the national provisions giving effect to the requirements of the MLC 2006.
§ 2. With respect to ships flying flag of a foreign State, shall be considered as marine, persons employed or engaged or works in any capacity on board a ship to which this Act applies.
The competent authority which the ship flies the flag may exclude certain categories of persons from seamen in accordance with the conditions prescribed by the the maritime labour Convention of 2006. It cannot be taken into account for this exclusion only if it is made to mention in the declaration of maritime labour compliance, or another document issued by the relevant flag State.
CHAPTER 4. -Requirement of ships flying the Belgian flag to keep on board a copy of the the maritime labour Convention of 2006 article 6. any vessel flying flag Belgian and falling under the scope of the Act is available on board a copy of the MLC 2006 in a place easily and directly accessible to marine, designated officers and the recognised organisations.
TITLE 2. -The maritime labour certificate and the declaration of conformity for maritime labour with respect to ships flying the Belgian flag Chapter 1. -Scope art.
7. any vessel flying the Belgian flag, having a gross tonnage equal to or greater than 500 and engaged international or operating voyages from a port or between ports of one other country keeps to its edge and maintains a maritime labour certificate and a declaration of maritime labour compliance.
This title also applies to any ship flying the Belgian flag at the request of the shipowner to the designated officer.
These ships fall also under the scope of section 1, title 1, title 3, chapters 1, 3, 4, 5 and 6, Title 4, Chapter 1, title 5, title 6, Chapter 1, title 7, article 71, article 73, articles 75 to 80 inclusive and Division 8.
S. 8. the maritime labour certificate certifies that the conditions of work and life of seafarers, including measures aimed at ensuring the continued compliance with the national provisions giving effect to the requirements of the MLC 2006, which should be mentioned in the declaration of maritime labour compliance referred to in section 3 were the subject of an inspection as referred to in rules 5.1. and 5.2. the MLC, 2006, and meet these national provisions.
S. 9. the declaration of maritime labour compliance mentions the national provisions giving effect to the requirements of the MLC, 2006 in relation to the conditions of work and life of seafarers and sets out the measures adopted by the shipowner to ensure compliance with these national provisions on the vessel concerned.
CHAPTER 2. -The maritime labour certificate art. 10. the maritime labour certificate is prepared in accordance with the model defined by the King.
S. 11. the maritime labour certificate shall be issued or renewed by the designated officer when, following an inspection referred to in Chapter 1 of title 3, it is established that the ship meets or continues to meet the national provisions giving effect to the requirements of the MLC 2006 in the 14 areas: 1 ° the minimum age of persons employed or engaged or works on the ship.
2 ° the medical certification;
3 ° qualifications of seafarers;
4 ° maritime contracts;
5 ° the use of any service of recruitment and placement private license or authorized or regulated;
6 ° the duration of work and rest;
7 ° the manning of the ship;
8 ° housing;
9 ° leisure on board;
10 ° the food and table service;
11 ° the health and safety and the prevention of accidents;
12 ° medical care on board;
13 ° the procedures of complaint on board;
14 ° remuneration.
S. 12 at the end of a friendly intermediate inspection referred to in articles 35 and 36, the designated officer or the approved body shall affix his visa on the maritime labour certificate.
S. 13. without prejudice to the exception referred to in article 14, the period of validity of the maritime labour certificate cannot exceed five years.
S.
14. when the inspection for the purposes of the renewal of the maritime labour certificate takes place within three months before the date of the current certificate, the new maritime labour certificate is valid from the date on which the inspection in question has carried out for a period not exceeding five years from the date of maturity of the current certificate.
S. 15. when an inspection carried out for the purposes of the renewal of the maritime labour certificate took place more than three months before

the due date of the current certificate, the new maritime labour certificate is valid for a period not exceeding five years from the date on which the inspection in question took place.
S.
16. a maritime labour certificate may be issued on an interim basis in three cases: 1 ° to new ships on delivery;
2 ° when a ship changes flag to the Belgian flag.
3 ° when a shipowner takes to his account the operation of a ship which is new to that shipowner.
S. 17. the issued interim maritime labour certificate shall be in accordance with the model defined by the King.
S. 18. the maritime labour certificate may be issued on a provisional basis for a period not exceeding six months.
S. 19. the maritime labour certificate may be issued on an interim basis only if it was established that the following cumulative conditions are met: 1 ° the ship has been inspected, insofar as this is reasonably possible, under national provisions corresponding to the areas listed in article 11, taking into account the audit elements referred to the 2 ° to 4 °;
2 ° the shipowner has demonstrated that adequate procedures are implemented on board to ensure that the national provisions giving effect to the requirements of the MLC 2006;
3 ° the captain knows the requirements of the MLC 2006 and implementation obligations; and 4 ° the required information was submitted to the designated officer or agency approved the preparation of a declaration of maritime labour compliance.
S. 20. the issuance of a certificate of maritime labour with a validity of five years is subject to the Director before the date of expiry of the certificate issued on a provisional basis, of such full inspection as provided in Chapter 1 of title 3.
No new maritime labour certificate will be issued on an interim basis after the initial period of six months referred to in article 18.
S. 21. the maritime labour certificate, even when it is issued on a provisional basis, loses its validity in the following cases: 1 ° the intermediate inspection referred to in Chapter 1 of title 3 has not been achieved within the period prescribed;
2 ° the maritime labour certificate is not subject to the outcome of a friendly intermediate inspection in accordance with article 12;
3 ° there was change of vessel flag;
4 ° the shipowner ceases to assume responsibility for the operation of the ship;
5 ° of important changes were made to the structure or equipment covered in title 3 of the MLC 2006.
6 ° in the event where the certificate loses its validity due to the case referred to 3 °, 4 ° or 5 °, the new certificate will be issued if the designated officer the issuing is fully satisfied that the ship is in compliance with the provisions referred to in article 11.
S.
22. the designated official may withdraw the maritime labour certificate if it turns out that the vessel does not meet the national provisions giving effect to the requirements of the MLC 2006 and that it has not been remedied satisfactorily the shortcomings noted by the designated officer or the approved body which carried out the inspection.
S. 23. when considering a withdrawal of certificate, officer reflects the severity and/or frequency of breaches and must hear the shipowner or his delegate in this matter.
CHAPTER 3. -The declaration of conformity for maritime labour art. 24. the declaration of maritime labour compliance is established in accordance with the model defined by the King.
S. 25. the declaration of maritime labour compliance consists of two parts.
(a) part I of the declaration of maritime labour compliance shall be established by the designated officer and includes the following: 1 ° the list of areas to be inspected for the issuing of the maritime labour certificate;
2 ° the national provisions giving effect to the requirements relevant to the MLC 2006 and, if necessary, concise explanations about the content of these national provisions;
3 ° the Belgian provisions relating to certain categories of ships;
4 ° the equivalent provisions in all 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 in all;
5 ° the derogations granted under Title III of the MLC 2006 or the mention of the absence of a derogation.
(b) part II of the declaration of maritime labour compliance is established by the shipowner and sets out the measures it has adopted to ensure ongoing compliance with the national provisions giving effect to the requirements of the MLC 2006 between inspections and the measures proposed to ensure continuous improvement.
S.
26. the designated officer issues the declaration of maritime labour compliance after to have certified part II prepared by the shipowner.
S. 27. the declaration of maritime labour compliance is annexed to the maritime labour certificate.
However, the issuance of a declaration of maritime labour compliance is not required during the period of validity of the issued interim maritime labour certificate.
CHAPTER 4. -Language documents of certification article
28. the maritime labour certificate and the declaration of maritime labour compliance are written in french or in Dutch, at the option of the owner, and English.
CHAPTER 5. -Measures of advertising art. 29. a copy of the certificate of maritime labour and the declaration of maritime labour compliance is displayed prominently in a location accessible to the sailors.
S. 30. the shipowner shall communicate a copy of the certificate of maritime labour and the declaration of maritime labour compliance, including their annexes, on request of the sailors, officials designated officers authorised by the State of the port and the representatives of seafarers and shipowners.
TITLE 3. -Inspections Chapter 1. -Inspections of vessels flying the Belgian flag art.
31. all vessels flying Belgian flag, required or not to the certification requirement, are subject to periodic inspections to ensure that the working and living conditions of seafarers on board ships flying the Belgian flag, meet and continue to meet the requirements of the MLC 2006.
S. 32. on the first registration of the vessel flying the Belgian flag during re-registration or substantial alteration of housing of the sailors aboard the ship Belgian flag, the official designated must also inspect the areas relating to housing and recreational facilities.
S. 33. for ships constructed before the entry into force of the 2006 MLC in Belgium, the requirements for the construction and equipment of ships laid down in Convention No. 92 of the international organization of labour concerning the accommodation of the crew on Board (revised 1949) continue to apply.
S. 34. the inspection of vessels subject to an obligation of certification must be complete and prior to the issuance of the certificate of maritime labour and the declaration of maritime labour compliance and cover the 14 areas listed in article 11 referred to in title 2.
S. 35. at least intermediate inspection should be conducted to check whether the national provisions giving effect to the requirements of the MLC 2006 are still observed.
If only one intermediate inspection is carried out, it must take place between the second and the third anniversary of the date of establishment of the maritime labour certificate.
The anniversary date means the day and month of each year that corresponds to the date of expiry of the maritime labour certificate.
S. 36. the intermediate inspection is also extensive and thorough inspections for the renewal of the maritime labour certificate.
S. 37. the inspection for the purpose of renewal of the maritime labour certificate relates to national provisions giving effect to the requirements of the MLC 2006 which are the subject of preliminary inspection at the first maritime labour certificate issuance.
S.
38. the result of all inspections or other checks subsequently carried out on the vessel and all significant defects identified during these checks, as well as the date of the finding that defects have been remedied is recorded in a document that the shipowner shall keep on board the vessel.
This document, which is written in English, is annexed to the declaration of maritime labour compliance referred to in Chapter 3 of title 2.
CHAPTER 2. -Inspection of vessels flagged foreign art.
39. each vessel, flying the flag of a foreign State having or not ratified the MLC 2006, which made a stop in a Belgian port, in the normal course of its activity, or for a reason inherent in its operations, can be inspected in this port for the purpose of verifying compliance with the requirements of the MLC 2006 relating to the conditions of work and life of sailors on board the ship including the rights of seafarers.
S.
40. without prejudice to cases defined in article 41 and the powers provided for by the Belgian provisions and on international 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 control of maritime labour and the declaration of maritime labour compliance certificate.
The inspection is performed by the designated officer, after the ship.
S. 41 § 1. The official

appointed may carry out a detailed inspection to verify compliance with the conditions of work and life on board the vessel if, on the occasion of an inspection as referred to in article 40, being introduced aboard the ship and requested, where applicable, the maritime labour certificate and the declaration of maritime labour compliance, finds that : 1 ° the required documents are not presented or are not kept up to date, or have been falsely, or that the documents contain not the information required by the MLC 2006 or are not valid for another reason; or 2 ° there are solid reasons to believe that the conditions of work and life on board the vessel are not in accordance with the requirements of the MLC 2006. or 3 ° there are reasonable grounds to believe that the ship has changed flag to escape the obligation to comply with the provisions of the MLC 2006. or 4 ° there is a complaint that the conditions of work and life on board the vessel are not in conformity with the requirements of the MLC 2006.
§ 2. The designated officer must make a detailed inspection if it is found that the conditions of work and life which he is deemed or alleged that they are not in accordance with the requirements of the MLC 2006, may constitute a real danger to the safety, health or security of seafarers or where there is reason to believe that failure is a serious offence to the requirements of the MLC 2006 including the rights of seafarers.
S. 42. when there is a complaint pursuant to section 41, § 1, 4 °, the inspection shall be limited to the subject of the complaint, unless the complaint or its review provides strong reasons to believe that the conditions of work and life on board the vessel are not in conformity with the requirements of the MLC 2006.
In this case, it is carried out a detailed inspection.
S. 43. detailed in the cases referred to in articles 41 and 42 inspection focuses on the areas listed in Appendix A5 - III of the MLC 2006.
S.
44. by complaint referred to in section 41, § 1, 4 °, it is appropriate to hear any information submitted by a seafarer, a professional body, an association, a Union, or generally any person with an interest in the safety of the ship, including the aspect of risks to the safety or health of seafarers on board.
CHAPTER 3. -Designated officers s.
45. a protocol agreement must be concluded between designated officers, including the Directorate General Maritime Transport and the Division of legal studies, documentation and federal litigation of public Service employment, labour and social dialogue.
This protocol agreement includes the Organization and coordination of inspections including the apportionment of inspection tasks as well as preparation and conduct inspections.
S. 46. without prejudice to the powers of the judicial police officers, designated officers monitor: 1 ° with respect to the ships flying the Belgian flag, national provisions giving effect to the requirements of the MLC 2006 as well as compliance with this Act and its implementing decrees;
2 ° with respect to the ships flying foreign flags, the respect of the MLC 2006.
S. 47 § 1. Designated officials carry out their missions in accordance with the laws and orders of execution laying down detailed rules for the exercise of their powers, their rights and their duties.
§
2. Designated officers are authorized in the exercise of their missions at any time of the day and night, without prior warning, to board ships and freely enter all spaces, premises and installations of ships, including accommodation spaces and cabins for sailors.
With regard to ships flying foreign flags, designated officers are authorized, in the exercise of their mission, aboard ships and enter freely at any time of the day and night, without prior warning, in all spaces, premises and installations of ships, including housing spaces and cabins intended for seafarers working or living on board ships only in the cases referred to in articles 41 and 42.
§ 3. When they consider it necessary, designated officials shall communicate any information they collect during the course of the missions that are vested under this Act, to other officials within other services inspection and competent, Belgian institutions and of the State of the inspected vessel carries the flag, insofar as this information may interest them because of the laws they are responsible to monitor or implement.
Disclosure of information is carried out free of charge and also involves the production, to take knowledge of all information media and the provision of copies in any form.
There's duty to disclose such information if requested by designated officials of another inspection service.
However, the information collected on the occasion of the execution of duties prescribed by the judicial authority may be disclosed only with the express permission of the.
Information about personal medical data may be disclosed or used only in respect of medical confidentiality.
Designated officials can use information thus obtained for the exercise of all the missions that are vested under this Act.
CHAPTER 4. -Clearance of recognised organisations art. 48 § 1. For the purposes of ensuring compliance by vessels flying Belgian Pavilion of the national provisions giving effect to the requirements of the MLC 2006 and this Act and its orders of execution, the King can provide for the authorisation of recognised organisations.
§ 2. Empowerment clarifies the scope of the powers of the approved body.
Notwithstanding the application of section 60, this authorization at least to require the correction of the shortcomings noted in relation to the conditions of work and life of seafarers and to carry out inspections in this area if requested by a State of the port.
S.
49. the Directorate General maritime Transport maintains and provides to the international labour office a list of the recognised organisations authorised to act. This list must indicate the functions that the recognised organisations are entitled to assume.
CHAPTER 5. -Duty of reporting and information Section 1st. -Provisions for inspections of ships flying the Belgian flag art.
50. for each inspection carried out on vessels flying Belgian flag, an inspection report is drawn up and transmitted to the Directorate General maritime Transport. This report is drawn up in English.
Any investigation following a major incident, the report is forwarded to supra branch not later than one month after the termination of the investigation.
The King determines what is meant by a major incident.
S. 51. a copy of the report is given to the master of the inspected vessel.
The master of the inspected vessel displays another copy on the Bulletin Board of the vessel for the information of the seafarers.
S. 52. the designated officer communicates a copy of the report to the representatives of the sailors who so request.
S. 53. the Directorate General maritime Transport maintains a registry of inspections.
An annual report on inspection of vessels flying activities Belgian flag is published within a reasonable time not exceeding six months from the end of the year.
Section 2. -Provisions for inspections of vessels flagged foreign art. 54. the designated officer who, during an inspection of a ship flying foreign flag calling in a Belgian port, finds that the conditions of work and life of seafarers on the ship are not in accordance with the requirements of the MLC 2006, must, at a minimum: 1 ° immediately to inform, in writing, of the captain of the ship the deficiencies and the time in which it must be remedied and;
2 ° prepare and pass an inspection report to the Directorate General maritime Transport.
S. 55. If he considers that the shortcomings referred to in article 54 are important, or if these shortcomings have a report with a complaint under section 42, the designated officer carries them to the knowledge of the organizations of shipowners and seafarers present on Belgian territory, and it may: 1 ° to notify a representative of the administration of the flag State;
2 ° communicate relevant information to the competent authorities of the next port of call.
S. 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 replies by the administration of the flag State within the time limit prescribed by the designated officer.
S. 57 § 1. When a complaint referred to in Chapter 2 of title 6 filed with the designated officer at the port where the ship has called was not settled at the level of the administration of the flag State, and it is not demonstrated that this State is able to process the complaint, the Directorate General maritime Transport must communicate a copy of the inspection report to the Director general of the international Labour Office together with any response from the administration of the flag State, communicated within a period prescribed by the designated officer.
§ 2. The Directorate-General

Maritime transport informed the organizations of shipowners and seafarers on the Belgian territory because of a complaint that a designated officer received ashore was not settled 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 Directorate General maritime Transport keeps statistics and information on complaints referred to in Chapter 2 of title 6 which have been settled. These statistics and information are communicated at regular intervals to the Director general of the International Labour Office.
CHAPTER 6. -Duties of confidentiality and discretion art. 58. officials designated and recognised organisations must take the measures necessary to ensure the confidential nature of the social personal data which they obtained knowledge in the exercise of their mission and to ensure the use of such data for the purposes required for the exercise of their supervisory functions.
S. 59. unless expressly permitted by the author of a complaint or information on a breach on board a vessel flying Belgian Pavilion at the national provisions giving effect to the requirements of the MLC 2006 or relating to a breach on board a vessel flying foreign flags to the requirements of the MLC 2006, and both types of ships, a breach of the rights of seafarers This Act and its enforcement orders, designated officials and recognised organisations cannot reveal in any case, even in the courts, the name of the author of this complaint or the denunciation.
It is also prohibited to reveal the owner or representative or the captain conducted an investigation following a complaint or information.
TITLE 4. -Measures that may be prescribed in the case of a finding of breach of Chapter 1. -In respect of ships flying the Belgian flag art. 60. without prejudice to the power to draw up minutes in the event of infringement of the national provisions giving effect to the requirements of the MLC, 2006, this Act and its enforcement decrees, the designated officer is authorized to require that rectified any breach and to prohibit a ship from leaving port where it is located at the time of the inspection until the necessary measures have been taken when it has reason to believe that deficiencies constitute a serious breach of national provisions giving effect to the requirements of the MLC 2006, or represent a serious danger to the safety, health or security of seafarers.
When it has reason to believe that the deficiencies that there is a serious offence to the national provisions giving effect to the requirements of the MLC 2006 or represent a serious danger to the safety, health or security of seafarers, the approved body carries immediately to the attention of the designated officer.
S. 61. without prejudice to the way remedies available pursuant to other regulations, the shipowner or master who considers that his rights are infringed by the decision taken by the designated officer pursuant to section 60 to ban the ship from leaving port may appeal against the decision within 15 days following the notification of the decision in accordance with the provisions applicable.
Action is brought by a request to the Commissioner of the State with the Commission of inquiry maritime and containing the submissions, in accordance with article 18 of the Act of 5 June 1972 on the safety of the buildings of navigation.
The appeal is not suspensive.
CHAPTER 2. -In respect of vessels flagged foreign art. 62. without prejudice to the competence to draw up minutes in the event of violation of the requirements of the MLC, 2006, this Act and its implementing orders, officer who, on the occasion of a detailed inspection, finds that the ship is not compliant with the requirements of the MLC 2006 and that: 1 ° the working and living conditions on board are an obvious safety hazard health or security of seafarers; or 2 ° non-compliance is a serious or repeated violation of the requirements of the MLC, 2006, including the rights of seafarers, takes the necessary measures to ensure that the ship shall not leave port until the defects of conformity referred to in paragraphs 1 ° and 2 ° not have not been rectified, or until he has not agreed a plan to correct and is not convinced that this plan will be implemented quickly.
S. 63. whether prohibited the ship from leaving port, the designated officer shall communicate its decision immediately to the administration of the flag State. He invites a representative from that State to be present, if possible, and request a response to the State concerned within a time limit prescribed.
It shall also promptly inform organisations of shipowners and seafarers on the Belgian territory.
TITLE 5. -Duty of care designated officials and accredited bodies art. 64. all reasonable efforts in order to avoid that the controls, inspections, measures prescribed aimed at addressing the deficiencies and / or coercive measures, causing unduly an asset or a delay of the ship.
TITLE 6. -Marine Chapter 1 complaint procedures.
-Procedure of complaint on board ships flying the Belgian flag art. 65 § 1.
Sailors have the option of filing complaint the ship flying the Belgian flag where they work on any matter constituting a breach of the national provisions giving effect to the requirements of the MLC, 2006, including the rights of seafarers in their eyes.
§ 2. The complaints procedure is determined by the King.
§ 3. The complaint procedure shall at least provide for: 1 ° the possibility for the sailor to file complaints directly with the master and the officer designated;
2 ° the right of the complainant to be accompanied or represented during the process of complaint on board;
3 ° the designation of one or more persons that can, on a confidential basis, advise seafarers on the procedures to which they may have recourse and assist the complainant any maintenance or hearing relating to the reason for the dispute.
S. 66 § 1.
A document written in English and in the working language of the ship describing the on board applicable complaints procedure must be given to all sailors. This document should mention the Directorate General maritime Transport and coordinates of a person on board the ship that can, on a confidential basis, advise sailors in an unbiased manner on their complaint and help in any other way to implement the complaint procedure which is open to them while they are on board.
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2. The document describing the complaints procedure is accompanied with at least a model complaint form, which is defined by the King.
§ 3. When marin files complaint with the master or other person designated in the complaints procedure, it uses preferably the complaint form referred to in paragraph 2, that it complements, date, sign and return against acknowledgment of receipt.
S.
67 § 1. When a complaint is lodged by a sailor an offence to national provisions giving effect to the MLC, 2006, including the rights of sailors, no harmful action can be taken against this person, except for reasons which are unrelated to this complaint.
§ 2. For the purposes of this article, a prejudicial measure includes the breakdown of the employment relationship, the unilateral modification of working conditions or any other malicious acts, regardless of the author against the sailor who filed a complaint.
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3. For the purposes of this article, it must be held to hear complaint: 1 ° a substantiated complaint by the sailor on the ship, in accordance with the procedures in force;
2 ° a substantiated complaint lodged with the official designated;
3 ° an action lodged by the person concerned;
§ 4. When a prejudicial measure is adopted against the complainant within a period of 12 months following the introduction of the complaint, it is one against which the complaint is directed to prove that the prejudicial measure was adopted for reasons which are unrelated to this complaint.
When legal action was introduced by the complainant, the time limit referred to in paragraph 1, shall be extended until the expiry of a period of three months following the day on which the decision is placed in res judicata.
§ 5. When in contravention of paragraph 1 a prejudicial measure is adopted against the complainant, may apply for reinstatement on the ship, in his previous service or to perform its function under the conditions laid down previously.
The application is submitted to the shipowner by a letter registered or delivered against acknowledgement of receipt within 30 days following the date of notification of the notice of the breakdown without notice or unilateral modification of working conditions. The shipowner shall take a position on this request within a period of thirty days from its notification.
In case of reinstatement on the ship, in the previous service or function exercised under the conditions laid down previously, the shipowner shall pay the remuneration lost by reason of dismissal or modification of working conditions and pay of employers and workers contributions to this remuneration.
The present

paragraph does not apply where the detrimental extent takes place after the termination of the employment relationship.
CHAPTER 2. -Procedure for handling onshore complaints about vessels flagged foreign art. 68. seafarers on board a vessel calling at a Belgian port can file a complaint with the designated officer of the Chief of breach of the requirements of the MLC, 2006, including the rights of seafarers.
S. 69 § 1.
The official designated, a complaint checks initially if the complaint concerns the conditions of work and life on board the ship.
§ 2. When he deems it necessary and taking into account the nature of the complaint, the designated officer checks as part of an initial investigation, if the complaints procedure on board were considered and it is necessary to undertake a detailed inspection in accordance with the procedure described in articles 42, 43, 44, 62 and 63.
§ 3.
When he deems it necessary, the designated officer encourages to settle the complaint on the ship.
S.
70. where during the initial investigation or inspection on Board conducted suite to the filing of a complaint, no non-compliance referred to in article 62 is detected and that the complaint has not been settled on the ship, designated officer shall notify without delay the the flag State of the vessel concerned in seeking, in a period prescribed, advice and a plan of corrective action title 7. -The offences and their criminal sanction Chapter 1. -A load of ships flying the Belgian flag art. 71 is punishable by a fine of 50 to 500 euros the owner, his agent or servant or the master or his representative who does not ship available in a place easily and directly accessible by sailors, designated officers and the recognised organisations a copy of the MLC 2006.
S. 72 is punishable by a fine of 100 to 1,000 euros the owner, his authorised representative or officer or the captain or his representative who: 1 ° does not preserve the ship, subject to the requirement of certification or does not maintain the (provisional) maritime labour certificate or the declaration of maritime labour compliance.
2 ° does not communicate a copy of the certificate of maritime labour and the declaration of maritime labour compliance to marine, designated officials, representatives of seafarers and shipowners who so request;
3 ° has not posted a copy of the certificate of maritime labour and the declaration of conformity for maritime work well in sight in a place accessible to seafarers;
4 ° does not ship the document referred to in article 38;
5 ° has not posted a copy of the inspection report on the scoreboard in accordance with the obligation referred to in article 51, paragraph 2.
S. 73 is punished with a fine of 600 to 6,000 euros, the owner, his authorised representative or officer or the captain or his representative who: 1 ° is not the procedure for enabling sailors to complain the ship on any matter they constituting an offence under the national provisions giving effect to the requirements of the MLC, 2006, including the rights of seafarers;
2 does not to all sailors on the ship the document referred to in article 66 or delivers an incomplete document or written in a language other than those imposed by article 66.
CHAPTER 2. -A load of vessels flagged foreign art. 74 shall be liable to a fine of 600 to 6,000 euros, the owner, his agent or officer or the captain or his representative who obstructs in any way whatsoever, to the right of the sailors on board a vessel flying the foreign flag and calling at a port located on the Belgian territory to complain to the ground or to report to the designated officer for breach of the MLC 2006 including the rights of seafarers.
CHAPTER 3. -A load of vessels whatever the State of their art Pavilion. 75 is punishable by a fine of 600 to 6,000 euros, the shipowner, his agent or servant or the master or his representative who sail the ship despite the prohibition on leaving the port decided by the designated officer under this Act.
S. 76. without prejudice to articles 269-274 of the penal Code and sections 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 shall obstruct monitoring organized under this Act and its implementing orders.
CHAPTER 4. -Rules applicable to penal sanctions art.
77. the penalties provided in this Act, with respect to the master, can be reduced to a quarter of those to which the shipowner may be condemned, if it is proved that the captain received the order written or verbal this shipowner to act in contravention of this Act or its implementing orders.
S.
78. in the case of recidivism in the year following a conviction for an offence under the provisions of this Act or its implementing orders, the penalty may be increased to twice the maximum.
Chapter V of the 1st book, of the Criminal Code is not applicable to the offences referred to in this title.
S. 79. Chapter VII of the 1st book Criminal Code is applicable to the offences referred to in this title.
S. 80. If there are extenuating circumstances, the fine can be reduced below the minimum amount by law, without that it can however be less than 40 per cent of the prescribed minimum amount.
TITLE 8. -Fees and travel articles 81. the King determines the fees that can be seen of the head of the visit of a ship, as well as any response made by the designated officer duties imposed upon him by law or enforcement of that Act orders. These shall be borne by the shipowner.
S. 82. when an inspection outside Belgium proves necessary, the travel and subsistence expenses of the designated officials who are are borne by the shipowner.
TITLE 9. -Provisions amending art. 83. § 1. In article 11, § 1, paragraph 2 of the Act of 5 June 1972 on the safety of the ships the words "maritime labour", shall be inserted between the words "It shall ensure respect for international conventions" and the words "the safeguarding of human life".
§ 2. In article 29 of the same Act, the words "or of the 2006 maritime labour Convention" shall be inserted between the words "the convention on load lines" and the words "the law of the country".
S. 84. in the law of 3 June 2007 on various provisions relating to labour, it is inserted an article 28/1 as follows: ' 28/1. § 1 the King may determine, after consultation of the Joint Committee concerned, the categories of persons who are not seamen, taking into account the following criteria: 1 ° the duration of the stay aboard the persons concerned;
2 ° the frequency of periods of work completed on board;
3 ° the main place of work;
4 ° the reason for work on board;
5 ° the protection normally granted to these persons in relation to working conditions and social legislation; It must be ensured that it is comparable to that which they enjoy under the maritime labour Convention 2006.
§ 2. In case of doubt regarding the belonging to a class of persons to the sailors, the question is decided by the Directorate General maritime Transport after consultation of the Joint Committee concerned. The criteria referred to in paragraph 1 are taken into consideration during the examination of the question.
§ 3. Any order made pursuant to paragraph 1 shall be communicated to the Director-general of the international labour office. » Art. 85. in article 34 of the same Act the following changes are made: 1 ° in § 2, 3 °, the words ", date of birth or age, place of birth"are inserted between the word "names" and the words "and home";
2 ° in the same paragraph, 7 ° / 1 shall be inserted, worded as follows: '7 ° / 1 the paid annual leave or the formula used to compute;';
3 ° in the same paragraph, the 8th is supplemented by the words: "and the conditions for its termination, including the expiration date;
»;
4 ° the same paragraph is supplemented by the 9 ° and 10 °, worded as follows: «9 ° the health and social security benefits that must be provided to the seafarer by the shipowner;
10 ° the reference to collective labour agreements which form part of the contract of seafarers. » 5 ° article is supplemented by a paragraph 3 as follows: "§ § 3 3» The seafarer shall have an opportunity to review the contract of seafarers and advice thereon before the signing, and dispose of all other facilities which are necessary to ensure that he contracted freely, by having a suffisantede understanding their rights and obligations.
» Art. 86. in Title VI, chapter II, of the Act, it is inserted a 3 section entitled "Access to information".
S. 87. in section 3 of the Act, inserted by article 86, it is inserted an article 43/1 as follows: «art.» 43/1. The necessary measures are taken to ensure that accurate information on conditions of employment can be easily obtained on board by seafarers, including the ship's captain, and that such information, including a copy of the contract of seafarers, are also accessible for verification to officials authorized for that purpose, including the authority of the ports where the ship made a stop. » Art.
88. in the same section 3 of the Act, it is inserted a section 43/2 as follows: «»

S. 43/2. When the contract of seafarers is partially formed by one or several collective labour agreements, a copy of these conventions must be held available on board.
When the maritime employment agreement or the applicable collective labour agreements are not written in English, the following documents are kept available in English: 1 ° a copy of a maritime contract type;
2 ° the parties to the collective labour agreements which are subject to inspection by the port State under the the maritime labour Convention of 2006 adopted on 23 February 2006, by the General Conference of the international organization of labour and the law of June 13, 2014 execution and control of the implementation of the maritime labour Convention.
There is no place to hold a copy in English available on the ships exclusively intended for navigating in inland sea on which the language of work is the Dutch or the french.
» TITLE 10. -Entry into force art. 89. this Act comes into force on August 20, 2014.
Given to Brussels, June 13, 2014.
PHILIPPE by the King: the 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 No. 1: Bill.
No. 2: report.
No. 3: Text corrected by the commission.
No. 4: Text adopted in plenary meeting and transmitted to the Senate.
Full record: 2 and April 3, 2014.
Senate (www.senate.be) Documents: 5 - 2834 - 2013/2014 No. 1: project not referred by the Senate.