Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

Fishermen's Competency Certificates Convention, 1966 (No. 125) - Belgium (Ratification: 1969)

Articles 6, 7, 8 and 9 of the Convention. Minimum age and minimum experience required. In its previous comment, the Committee requested the Government to take the necessary measures to bring the regulations into conformity with the requirements of the Convention in relation to the minimum age and minimum experience required to obtain the certificate of competency of a skipper, a mate and an engineer. In reply, the Government indicates in its report that the Royal Order of 13 November 2009 respecting certificates of competency for maritime fishing gives effect to the International Convention on Standards of Training, Certification and Watchkeeping for Fishing Vessel Personnel (STCW-F), adopted in 1995. The Committee notes the Government’s indication that the necessary adjustments will be made at the same time as those intended for the transposition of the provisions of the Work in Fishing Convention, 2007 (No. 188), which have already been commenced with a view to its ratification. The Committee also notes Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation, concluded on 21 May 2012 between the General Confederation of Agricultural Cooperatives in the European Union (COGECA), the European Transport Workers’ Federation (ETF) and the Association of National Organisations of Fishing Enterprises in the European Union (Europêche). Article 4(1) of the Directive provides that Member States shall bring into force the laws, regulations and administrative provisions necessary to comply with this Directive by 15 November 2019. The Committee requests the Government to provide information on any new laws or regulations related to the Convention adopted in the context of the implementation of the abovementioned Directive.

Article 15. Penalties. In its previous comment, the Committee requested the Government to indicate whether legal provisions determine the penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate, as required by Article 15(2)(b) of the Convention. In reply the Government indicated that a bill was before Parliament establishing administrative penalties. The Committee notes that an Act establishing administrative fines applicable in the event of violations of the laws on navigation entered into force on 1 January 2017. The Committee therefore requests the Government to provide a copy of this Act and to indicate the provisions adopted in this regard.