Posted the: 2012-03-02 Numac: 2012014051 FEDERAL PUBLIC SERVICE mobility and transport January 30, 2012. -Act setting of contents referred to in article 78 of the Constitution on the insurance of shipowners for maritime claims (1) ALBERT II, King of the Belgians, to all, present and to come, hi.
The Chambers have adopted and we endorse the following: Article 1. This Act regulates a matter referred to in article 78 of the Constitution.
2. this Act partially transposes Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims.
3. this Act applies to vessels of a gross tonnage equal to or greater than 300.
This Act does not apply to vessels of war, auxiliary warships or other ships owned or operated by him and used for non-commercial public service.
This Act is without prejudice to the regimes established by the instruments mentioned below, provided that they are in force in Belgium, as well as implementation of these instruments regulations: 1 ° the international 1992 Convention on civil liability for oil pollution damage;
2 ° the International Convention of 1996 on liability and compensation for damage in connection with the carriage by sea of hazardous and noxious substances (HNS Convention);
3 ° the International Convention of 2001 on civil liability for damage resulting from pollution by bunker oil ("Bunker oil" Convention);
(4) the International Convention of Nairobi from 2007 on the removal of wrecks ("Wrecks removal" Convention);
(5) Regulation (EC) no 392/2009 of the European Parliament and of the Council of 23 April 2009 on the liability of carriers of passengers by sea in the event of accident.
4. for the purposes of this Act, shall mean: 1 ° "shipowner": the registered owner of a vessel of sea or any other person, such as the bareboat charterer who is responsible for the operation of the ship;
2 ° "insurance": insurance with or without deductibles, and comprises, for example, an indemnity insurance of the type currently provided by members of the "International Group of P & I Clubs" and other effective forms of insurance, including a certified individual insurance and financial guarantee offering equivalent coverage conditions;
3 ° "1996 Convention": the consolidated text of the 1976 convention on limitation of liability for maritime claims, adopted under the auspices of the international maritime Organization (IMO), as amended by the 1996 Protocol.
S. 5. the owners of vessels flying Belgian flag obtain insurance covering the vessels in question.
The owners of ships flying one flag other than the Belgian Pavilion obtain insurance when these vessels entering a port under Belgian jurisdiction.
The insurance referred to in paragraphs 1 and 2 cover maritime claims subject to limitation under the 1996 Convention. The amount of the insurance for each vessel by event is equal to the maximum amount applicable to the limitation of liability, in accordance with the 1996 Convention.
S. 6. any inspection carried out on a ship in a port under Belgian jurisdiction, in accordance with the provisions on control by the port State in pursuance of the Act of 5 June 1972 on the building of navigation safety, includes the verification of the presence on Board of a certificate referred to in article 7.
If the certificate referred to in article 7 is not on board and without prejudice to the provisions on control by the port State in implementation of the law of 5 June 1972 on the safety of navigation buildings which provide the immobilisation of vessels when questions of safety or the preservation of the marine environment are at stake control of navigation officers designated for that purpose may decide to ship a deportation decision which is notified to the European Commission, to the other States members of the European Union and the European economic area and to the relevant flag State. When this deportation decision or a decision on expulsion by another EU Member State European economic area European in accordance with article 5, paragraph 2, of the Directive 2009/20/EC of the European Parliament and of the Council of 23 April 2009 on the insurance of shipowners for maritime claims has been issued, this ship to the Belgian port access is denied until the vessel owner to provide the certificate referred to in article 7.
If a deportation decision is pronounced, the service responsible for the control of navigation up a reasoned report which a copy is sent within twenty-four hours after the decision, the master or the owner of the ship.
Within 15 days following the receipt of the copy of the motivated minutes, an appeal may be lodged against the decisions referred to in this article. The call will be introduced by the master or the owner of the ship, through a request to the Commissioner of the State with the Commission of inquiry maritime and containing the arguments. The appeal is not suspensive.
7. the existence of the insurance referred to in article 5 is evidenced by one or more certificates issued by its supplier and present on the ship.
Certificates issued by the insurance provider shall contain the following information: 1 ° the ship, IMO ship identification number name and port of registry;
2 ° name and location of the principal place of business of the owner of the ship;
3 ° type and duration of the insurance;
4 ° name and place of the main establishment of the supplier of insurance and, where appropriate, place of business from which the insurance was purchased.
If the language used in the certificates is neither English nor the french, nor Spanish, the text of the certificate includes a translation in one of these languages.
Notwithstanding the provision of paragraph 1, proof of the effectiveness of the insurance or the equivalence of conditions of coverage, referred to in article 4 (2), is in charge of the owner of the ship. The control of navigation officers designated for that purpose may request any information is relative.
S. 8. the violation of the requirements of section 5 or the decision on expulsion referred to in article 6 is punishable by a fine of 5,000 euros to 1,000,000 euros.
All the provisions of the book I of the penal Code, including Chapter VII and article 85, shall apply to offences under this Act.
Without prejudice to the powers of the judicial police officers, traffic control officers appointed for that purpose as well as the federal police water police, are responsible for search and found infringements of the provisions of this Act.
If the federal police water police finds violations under this Act, the service responsible for the control of navigation is informed without delay thereof and shall take the appropriate measures.
S. 9. the monitoring of ships to ensure compliance with this Act and its implementing orders is exercised by the control of navigation officers designated for this purpose, and for vessels flying the Belgian flag by Belgian consular officials abroad.
The control of navigation officers appointed for that purpose have the right to stop any ship that does not have valid certificates prescribed by this Act or for which the proof referred to in article 7, paragraph 4 is not sufficiently established or who is not insured in accordance with article 5, or to deny access to a Belgian port. Except in urgent cases the control of navigation officers appointed for that purpose exercise right provided in this paragraph, with respect to foreign vessels after having informed the consul of the country in which the ship flies the flag. In urgent cases this information is transmitted without delay after the measures have been taken. The ship is released as soon as the ship has valid certificates prescribed by this Act, to the satisfaction of the control of navigation officers appointed for that purpose.
At abroad, the Belgian consular officer has the right to prohibit the departure of a ship flying the Belgian flag if the vessel is not equipped with valid certificates prescribed by this Act or if the proof referred to in article 7, paragraph 4 is not sufficiently established or if the ship is not provided in accordance with article 5. The prohibition of departure is thrown when the ship has valid certificates prescribed by this Act, to the satisfaction of the Belgian consular official.
If a departure clearance is denied or if a ship is held or has been denied access to a Belgian port, the service responsible for the control of navigation or, where appropriate, the Belgian consular official up a reasoned report which a copy is sent within twenty-four hours after the decision, the master or the owner of the ship.
Within 15 days following the receipt of the copy of the minutes motivated pursuant to this section, an appeal may be lodged against the decisions referred to in this article. The appeal is introduced by the master or owner of the ship, using an application
the Commissioner of the State to the Council of marine investigation and containing the means invoked. The appeal is not suspensive.
Promulgate this Act, order that it be under the seal of the State and published by le Moniteur.
Given in Brussels, January 30, 2012.
ALBERT by the King: the Minister of the North Sea, J. VANDE LANOTTE the Minister of finance, S. VANACKERE. the Minister of Foreign Affairs, D. REYNDERS the Minister of the Interior, Ms. J. MILQUET. the Minister of Justice, Ms. A. TURTELBOOM sealed with the seal of the State: the Minister of Justice, Ms. A. TURTELBOOM _ Note (1) Session 2011-2012.
House of representatives: parliamentary Documents. -Bill, no. 53 - 1799/001. -Report, n ° 53-1799/002. -Text corrected by the Commission, no. 53-1799/003.
-Text adopted in plenary meeting and transmitted to the Senate, no. 53-1799/004.
Full report: 15 december 2011.
Senate: Parliamentary Documents. -Project referred to by the Senate, no. 5-1400/1. Report, no. 5-1400/2. -Decision not to amend, no. 5 - 1400/3.
Annals: December 22, 2011.