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22 JANVIER 2007. - An Act to amend the Ship Safety Act of 5 June 1972 and the Act of 30 July 1926 establishing a Marine Investigation Board

ALBERT II, King of the Belgians,
To all, present and to come, Hi.
The Chambers adopted and We sanction the following:
CHAPTER I^er. - General
Article 1^er. This Act regulates a matter referred to in Article 78 of the Constitution.
CHAPTER II. - Amendments to the Ship Safety Act of 5 June 1972
Art. 2. The title of the Ship Safety Act of 5 June 1972 is replaced by the following title:
"Safety of Navigation Buildings Act".
Art. 3. Article 1^er the Act is replaced by the following provision:
“Article 1^er. For the purposes of this Act:
1° "Captain": any person in charge of command of a navigation vessel or who actually takes it, and any person who replaces it;
2° "owner": the person who owns the boating building in the property. Is assimilated to the owner, for the purposes of this Act, the shipowner, charterer, operator or person who has the navigation vessel in possession;
3° "ship": any navigation vessel at sea carrying persons or things, fishing, towing, dredging or any other lucrative navigation operation or intended therein, except for pleasure craft;
4° "boat": any navigation vessel that because of its construction is exclusively or mainly used or suitable for use in inland water, with the exception of pleasure craft;
5° " pleasure craft": any navigation vessel that, whether used or not for profit in any form, is made at sea or is intended to make at sea pleasure navigation, excluding navigation vessels used or intended for the carriage of more than twelve passengers;
6° " pleasure craft": any navigation vessel that, whether used or not for lucrative purposes in any form, is made in the inland waters or is intended to do in the inland waters of pleasure navigation, excluding navigation vessels used or intended for the carriage of more than twelve passengers;
7° "Belgian marine waters": the territorial sea, the ports of the coast and the lower sea Escaut whose limits are fixed by the King, the lower sea Escaut whose limits are fixed by the King, the port of Ghent whose limits are fixed by the King, the Belgian part of the Terneuzen Canal in Ghent, the ports located on the Belgian part of the Terbrneuzen Canal in Ghent
8° "inland waters": Belgian public waters that are intended for or used for navigation and are not part of Belgian marine waters;
9° "navigation building": any floating equipment, including equipment that can move without water displacement, used or likely to be used as a means of transport or movement on water. »
Art. 4. The title of Chapter II of the Act is replaced by the following title:
"Safety conditions for vessels and pleasure craft."
Art. 5. Article 2, § 1^er, of the same law, is replaced by the following provision:
“Art. 2. § 1^er. No Belgian or foreign ship or pleasure craft can take the sea from a Belgian port or sail in Belgian marine waters or in domestic waters and no ship or pleasure craft can take the sea abroad under Belgian flag without being in a safe state. »
Art. 6. In section 3 of the Act, as amended by the Act of 3 May 1999, the following amendments are made:
1° § 1^er, 2°, paragraph 1^er is replaced by the following provision:
« 2° Ships undertaking a special trip. »;
« 2° to § 1^er2°, paragraph 2, the word "buildings" is replaced by the word "ships";
3° to § 1^er, 2°, paragraph 3, the words "for the safety of embedded persons" are replaced by the words "for the safety of the crew, passengers or cargo or for the marine environment";
4° § 1^er, 3°, is replaced by the following provision;
"The pleasure ships. The King determines in a deliberate order in the Council of Ministers the conditions that pleasure craft must meet in order to be in a state of safety, the means of monitoring and control related to it and the development of an appeal procedure. »
5° § 1^er4°, is repealed;
6° § 2 is repealed;
7° § 3 is repealed;
8° the indication « § 1^er » is deleted.
Art. 7. Section 4 of the Act, amended by the Royal Decree of 31 December 1983 and the Act of 3 May 1999, are amended as follows:
1° to paragraph 1^er, 1°, c) the words "to spare parts" are inserted between the words "arming objects" and "including";
2° to paragraph 1^er, the 3° is replaced by the following provision:
"3° the extent to which the vessels referred to in Article 3, 1°, shall comply with the provisions made under the 1° of this Article, as well as the powers of the officers responsible for the control of navigation in this matter; »;
3rd paragraph 1^er is completed as follows:
« 5° The conditions under which organizations may be recognized and mandated to carry out, in whole or in part, inspections and visits of vessels authorized to beat Belgian flag relating to certificates concerning safety of navigation and the prevention of pollution by ships and, where appropriate, to issue or renew such certificates. »;
Paragraph 2 is repealed.
Art. 8. The title of Chapter III of the Act is replaced by the following title:
"Certificate of Airworthiness and Other Ship Certificates".
Art. 9. In Article 5, § 3, paragraph 2, of the Act, the words "the competent official" are replaced by the words "the officer responsible for the control of navigation designated for that purpose".
Art. 10. In Article 10, § 4, of the same Act, the following amendments are made:
1° the words "Marine and Inland Navigation Administration" are replaced by the words "marine affairs and navigation";
2° in the Dutch text the word "bepaald" is replaced by the word "bepaalt".
Art. 11. The title of Chapter IV of the Act is replaced by the following title:
"Monitoring of ships and monitoring the application of international conventions, law and regulations. »
Art. 12. Article 11, § 3, and § 4, paragraph 2 of the Act, as amended by the Act of 3 May 1999, are repealed.
Art. 13. In section 13 of the Act, as amended by the Act of 3 May 1999, the following amendments are made:
1° to § 1^erParagraph 1^er, the words "Navigation Control Officers" are replaced by the words "Navigation Control Officers designated for this purpose" and the words "and other vessels" are deleted;
2° to § 1^er, paragraph 3, the words "or building" are deleted.
Art. 14. In section 14 of the Act, as amended by the Act of 3 May 1999, the following amendments are made:
1° § 1^erParagraph 1^er, is replaced by the following provision:
"The shipping control officers designated for this purpose have the right to stop any vessel that does not meet the legal and regulatory conditions or to refuse access to a Belgian port. »;
2° § 1^er, paragraph 2, is replaced by the following paragraph: "When these legal and regulatory conditions are met, but nevertheless serious presumptions suggest that the vessel could not navigate without compromising the safety of the crew, passengers or cargo or the marine environment, designated navigation control officers may also stop the vessel. With respect to a Belgian ship, this right is used only with the prior authorization of the President of the Marine Investigation Board. »;
3° § 1^erParagraph 3 is repealed;
4° to § 1^er, paragraph 4, the words "or buildings" and "or building" are deleted;
5° to § 1^er, paragraph 6, the words "or the building" are deleted;
6° to § 1^er, paragraph 7, the words "or building" are deleted;
7° in § 2 the words "or building" are deleted;
8° to § 2, paragraph 1^er, 3°, the words "or passengers" are replaced by the words "passengers or cargo or the marine environment".
Art. 15. In section 16 of the Act, amended by the Act of 3 May 1999, the words "or the building" are deleted.
Art. 16. Section 17 of the Act, as amended by the Act of 3 May 1999, is replaced by the following provision:
“Art. 17. In the event of a refusal of any certificate or authorization of departure or where a ship has been detained or denied access to a Belgian port under section 14, the service responsible for the control of navigation or, where appropriate, the Belgian consular official shall prepare a substantiated record of which a copy shall be sent, within 24 hours after the decision, to the person whom the decision may interest. »
Art. 17. In the same law is inserted a chapter IV bis, with the following title:
"Chapter IVbis. Safety requirements for river vessels and pleasure craft, monitoring and control of compliance with international conventions, law and regulations. »
Art. 18. It is inserted in chapter IVbis of the same law an article 17bis, as follows:
"Art. 17bis. No boat can take the sea from a Belgian port, or sail in the Belgian marine waters or in the inland waters without being in a safe state and without being equipped with certificates as determined by the King according to article 17ter concerning the safety of navigation and concerning the prevention of pollution by the ships as long as the latter certificates relate to technical requirements relating to the equipment and operation of the ship for the protection of the environment.
No pleasure boat can take the sea from a Belgian port or navigate in Belgian marine waters or in in inland waters without being in a safe state. »
Art. 19. It is inserted in chapter IVbis of the Act an article 17ter, as follows:
Art. 17ter § 1^er. The King determines:
1° the certificates referred to in Article 17bis;
2° the conditions for the issuance of certificates referred to in 1°;
3° the conditions under which each vessel shall be in order to be in a safe state, including the requirements for:
(a) construction and maintenance;
(b) life-saving equipment;
(c) sandstones and flats, spare parts, including fire protection and fire fighting and spare parts;
(d) nautical instruments, signalling devices, telecommunications and their use;
(e) steam boilers, propulsion machines, mechanical and electrical appliances;
(f) physical abilities, patents, licences and other similar certificates that may be required from the crew, as well as the number of crew members;
(g) the number of passengers that may be transported;
(h) the habitability of accommodation, hygiene and safety;
(i) water-drawing scales and freeboard marks;
(j) stability, cargo stowage and lestage;
(k) lifting equipment;
(l) the cargo;
(m) Transport of dangerous substances;
4° the conditions under which navigation control officers designated for this purpose may, in particular cases, grant exemptions from one or more provisions of the order made pursuant to the law;
5° the obligations of the crew and other onboard persons, as well as of the owners, relating to the safety of navigation, onboard persons and cargo and the environment, provided that the latter obligations relate to technical requirements relating to the equipment and operation of the vessel for the protection of the environment;
6° the conditions to which organizations may be recognized and mandated to carry out, in whole or in part, inspections and visits of vessels relating to certificates concerning safety of navigation and certificates concerning the prevention of pollution by vessels, provided that the latter certificates relate to technical requirements concerning the equipment and operation of the vessel for the protection of the environment and, where applicable, to issue or renew the certificates mentioned in this regard.
§ 2. The King determines in a deliberate order in the Council of Ministers the conditions that pleasure craft must fulfil in order to be in a state of safety, the means of monitoring and control therein and the development of an appeal procedure. »
Art. 20. It is inserted in chapter IVbis of the same law an article 17quater, as follows:
"Art. 17quater. The King may determine the vessels that must or may be registered as well as the conditions to which the ships, their owner, their shipowner or operator must first satisfy this effect. It sets the data and the form of the register. The register may be consulted by the public authorities, each for the party concerned. The King sets out how the registry is managed. »
Art. 21. It is inserted in chapter IVbis of the same law a 17quinquies article, which reads as follows:
"Art. 17quinquies. § 1^er. Any vessel registered in the register of a recognized classification society that is ranked in the highest class of its class is exempted from the findings to be carried out by the navigation control department or by the experts on the points that have been monitored by that company.
The same exemption may be granted when certificates are issued by a competent foreign public service.
However, designated navigation control officers may verify or verify in a manner to be determined by them, whether the requirements for obtaining the classification certificate or other certificates have been observed and, if necessary, impose additional findings.
§ 2. The Minister who has maritime affairs and navigation in his or her powers, designates classification societies and competent foreign public services, whose certificates may be accepted and the conditions under which they may be accepted. »
Art. 22. It is inserted in chapter IVbis of the same law an article 17sexies, as follows:
"Art. 17sexies. § 1^er. The Navigation Control Service shall monitor vessels subject to this Act to ensure the application of this Act and its enforcement orders.
This monitoring must be exercised without hindering the commercial operation of the ships.
§ 2. The Navigation Control Service verifies whether the obligations imposed by law and enforcement orders are observed to captains and other boarded persons and to owners.
§ 3. The King sets out the duties of the officers responsible for the control of navigation in verifying the number of crew members on board the ships and the possession of certificates of physical fitness, patents, licences or other similar certificates. »
Art. 23. It is inserted in chapter IVbis of the same law an article 17septic, as follows:
"Art. 17septies. § 1^er. The officers responsible for the control of the navigation designated for this purpose and the experts they designate have the right to visit the ships at any time to carry out the findings on their mission.
They also have the right to demand the production of all documents on board and all exhibits.
They may at any time give the instructions that they deem necessary to guarantee the application of the law and/or its enforcement orders, including the drying or presentation to the vessel's legible state or the execution of certain works.
§ 2. Every master or owner is required to provide the agents and experts referred to in § 1^er the information and assistance they deem necessary for the fulfilment of their mission. »
Art. 24. It is inserted in chapter IVbis of the same law an article 17octies, as follows:
"Art. 17octies. Officials responsible for the control of navigation designated for this purpose have the right to stop any vessel that does not meet the legal and regulatory conditions or to refuse access to a Belgian port.
When these legal and regulatory conditions are met, but nevertheless serious presumptions suggest that the vessel cannot navigate without compromising the safety of the crew, passengers and cargo or the environment, the officers responsible for the control of the navigation designated for this purpose may also stop it.
Except in urgent cases, shipping officers designated for this purpose shall not exercise the right, as provided for in paragraphs 1^er and 2, in respect of foreign vessels that after having informed the consul of the country whose boat is flying the flag, the measures to be taken and the reasons for the intervention.
In urgent cases, this information is made immediately after action has been taken.
The vessel is released as soon as the requirements have been met to the satisfaction of the designated navigation control officers. »
Art. 25. It is inserted in chapter IVbis of the same law an article 17novies, as follows:
"Art. 17novies. The crew may, at any time, address by a reasoned request to the designated navigation control officers if the crew considers that the vessel does not offer all the necessary security assurances.
These officers must hear the crew before taking the measures required by the circumstances. »
Art. 26. It is inserted in chapter IVbis of the same law an article 17decies, as follows:
"Art. 17decies. When a vessel has been selected, the Navigation Control Service shall prepare a substantiated report, a copy of which shall be sent to the master within 24 hours of the decision. »
Art. 27. Section 18 of the Act is replaced by the following provision:
“Art. 18. Within fifteen days after a copy of the report is sent in accordance with sections 17 and 17decies, the appeal may be appealed against the decisions referred to in sections 14, 17 and 17octies.
The appeal is filed by the applicant or the holder of the certificate and, in cases of retention, prohibition of departure or refusal of access to a Belgian port, by the master or owner by a request addressed to the Commissioner of State to the Marine Investigation Board and containing the means invoked.
The appeal is not suspensive. »
Art. 28. Section 19 of the Act is replaced by the following provision:
“Art. 19. It is punishable by imprisonment from one month to two years and a fine of 50 to 5000 euros, the master or the owner who, even outside Belgium, makes the sea take to a navigation building or ship in the marine waters or inland water a navigation vessel whose state endangers the safety of the crew, passengers or cargo or the marine environment. »
Art. 29. The following amendments are made to section 20 of the Act:
1st paragraph 1^er is replaced by the following provision:
"It shall be punished by the penalties provided for in section 19 or only by one of them, the master or the owner who, even outside Belgium, ship a navigation vessel without a certificate of airworthiness required by this Act or its enforcement orders or in contempt of the decided departure ban or of the detention carried out by the competent authority or the taking of the sea without an authorization of departure. »;
2° Paragraph 2 is repealed.
Art. 30. In section 21 of the same law, the word "franc" is replaced by the word "euro".
Art. 31. The following amendments are made to section 25 of the Act:
1st paragraph 1^er is replaced by the following provision:
"Every member of the crew who has caused the detention or prohibition of departure of a navigation vessel by inaccurate allegations shall be punished by imprisonment for one to seven days and a fine of 1 to 25 euros. »;
2° in paragraph 2 the word "franc" is replaced by the word "euro" .
Art. 32. Article 27, paragraph 1^er, of the same Act, as amended by the Act of 3 May 1999, is replaced by the following paragraph:
"Without prejudice to the powers of judicial police officers, officials responsible for the control of navigation designated for this purpose and the Federal Police and Belgian consular officials abroad are responsible for the investigation and investigation of offences under this Act and the decrees taken for its execution. »
Art. 33. In the same Act, an article 27bis is inserted:
"Art. 27bis. If the Federal Police finds violations that compromise the security situation under this Act and its enforcement orders, the Navigation Control Service is promptly informed of these violations and takes appropriate action. »
Art. 34. In section 28 of the Act, as amended by the Act of 3 May 1999, the following amendments are made:
1° to paragraph 1^erthe words “the officials of the Navigation Control Service” are replaced by the words “the officers responsible for the control of navigation designated for this purpose”;
2° in paragraph 2, the word "public servants" is replaced by the word "agents".
Art. 35. In section 30 of the Act, the words "of a ship, vessel or equipment" are replaced by the words "of a navigation vessel".
Art. 36. In the same Act, an article 32bis is inserted:
"Art. 32bis. The King may make this Act applicable, in whole or in part, to navigation vessels other than those referred to in section 1^er, 3°, 4°, 5° and 6°. »
CHAPTER III. - Amendments to the Act of 30 July 1926 establishing a Marine Investigation Board
Art. 37. In sections 9 and 10 of the Act of 30 July 1926 establishing a Marine Investigation Board, replaced by the Act of 5 June 1972, the word "ships" is replaced by the words "navigation vessels".
Promulgation of this law, let us order that it be clothed with the seal of the State and published by the Belgian Monitor.
Given in Brussels on 22 January 2007.
ALBERT
By the King:
The Minister of Justice,
Ms. L. ONKELINX
Minister of Mobility,
R. LANDUYT
Seal of Justice Seal:
The Minister of Justice,
Mrs. L. ONKELINX
____
Notes
(1) Parliamentary references:
Documents of the House of Representatives:
51-2746 - 2006/2007:
Nr. 1: Bill.
Nr. 2: Report.
Nr. 3: Text adopted in plenary and transmitted to the Senate.
Full report: 7 December 2006.
Documents of the Senate:
3-1980 - 2006/2007:
Nr. 1: Project not referred to by the Senate.