Maritime Labour Convention, 2006 (MLC, 2006) - Belgium (Ratification: 2013)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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The Committee notes the Government’s third report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code of the MLC, 2006, approved by the International Labour Conference in 2018, entered into force for Belgium on 26 December 2020.

Article II, paragraphs 1(f) and 2 of the Convention. Scope of application. Seafarers. The Committee notes that, in response to its previous comment on the provisions of the Royal Decree of 7 March 2016, according to which trainees “are not seafarers within the meaning of section 28(5) of the Act of 3 June 2007”, the Government indicates that these persons study at a training centre, but have not yet obtained their diplomas, and enjoy the protection accorded to pupils at school. The Government indicates however that a cadet has received a diploma, and although still without sufficient hours of sea service, enjoys the protection of the MLC, 2006. The Committee requests the Government to clarify whether trainees undergo training on board and, if so, whether they enjoy protection as seafarers.

Regulation 1.1 and Standard A1.1, paragraph 4. Minimum age. Hazardous work. The Committee notes, in response to its previous comment on the Royal Decree of 3 May 1999 on the protection of young persons at work, the Government’s indication that it will examine the possibility of adopting regulations to establish the list of prohibited work specific to work on board seagoing ships. The Committee requests the Government to adopt without delay, after consultations with the shipowners’ and seafarers’ organizations concerned, the list of types of work considered hazardous, as required under Standard A1.1, paragraph 4, for the merchant navy and dredging sectors, and to communicate a copy of the new text following its adoption.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that, in response to its previous request, the Government states that in the Flemish region, section 5(6) of the Decree of 10 December 2010 has been amended by the Decree of 29 March 2019 to refer to the MLC, 2006, and clarifies that the agency does not undertake prohibited services, in compliance with the Convention. The Government indicates that the provisions of the MLC, 2006, therefore figure as part of the general conditions that private employment agencies must respect. Regarding the Brussels-Capital region, the Government indicates that no action was undertaken in the 2017–23 period and that all employment agencies must be registered or licensed according to the missions undertaken by the agencies, and are subject to monitoring, annual reporting and a complaints system for agencies and their workers alike. At the present time, no seafarer placement service exists in Brussels. The Government indicates that the situation will be analysed with a view to reforming the joint management in the Brussels-Capital region by 2026. Regarding the Walloon Community of Belgium, the Government states that the Walloon Decree of 3 April 2009 concerning the registering and licensing of recruitment agencies is not applicable to seafarer placement services and that there are no seafarer placement services operating in Wallonia. Noting that apart from the reference to the MLC, 2006, in the legislation of the Flemish region, national provisions are not specific to the maritime sector, the Committee observes that there appears to be no system of protection in place to compensate seafarers for monetary loss that they may incur as a result of the failure of a recruitment or placement service or the relevant shipowner under the seafarers’ employment agreement to meet its obligations to them. The Committee accordingly requests the Government to indicate the measures adopted or envisaged to give full effect to Standard A1.4, paragraph 5 (prohibition of blacklisting, maintenance of registers, qualification of seafarers, protection of seafarers in foreign ports, management of complaints and establishment of a system of mandatory insurance to compensate seafarers).

Regulations 2.1 and 2.2 and Standards A2.1, paragraph 7, and A2.2, paragraph 7. Seafarers’ employment agreements and wages. Captivity as a result of acts of piracy or armed robbery against ships. In relation to the 2018 amendments to the Code, the Committee notes that Part I of the Declaration of Maritime Labour Compliance (DMLC) includes a reference to the requirements of Standards A2.1, paragraph 7 and A2.2, paragraph 7 and draws the Government’s attention to the following questions, contained in the report form for the Convention: (a) do laws or regulations provide that a seafarer’s employment agreement shall continue to have effect while the seafarer is held captive on or off the ship as a result of acts of piracy or armed robbery against ships?; (b) how are the terms piracy and armed robbery against ships defined under national legislation (Standard A2.1, paragraph 7)?; (c) Do laws or regulations provide that wages and other entitlements under the seafarers’ employment agreement, relevant collective bargaining agreement or applicable national laws, including the remittance of any allotments, shall continue to be paid during the entire period of captivity and until the seafarer is released and duly repatriated or, where the seafarer dies while in captivity, until the date of death in accordance with national legislation? (Standard A2.2, paragraph 7).The Committee requests the Government to reply to the above questions, indicating the national provisions applicable in each case.

Regulation 2.2 and Standard A2.2, paragraph 2. Wages. Monthly account. The Committee notes that, in response to its previous comment, the Government’s indication that the headings that must be included in the statement are fixed by the Royal Order of 27 September 1966 determining, for the private sector, the information that must be included in each final statement of payment. The Committee notes this information which addresses its previous request on this matter.

Regulation 2.3 and standard A2.3, paragraphs 2 and 5. Hours of work and hours of rest. Limits. The Committee requested the Government to take the necessary steps to ensure that either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time is fixed (Standard A2.3, paragraphs 2 and 5). The Committee notes the Government’s indication that the Royal Decree of 22 August 2020 concerning seafarers no longer provides for the minimum hours of rest that must be respected in a given period. The Committee notes this information, which addresses its previous request.

Regulation 2.4 and Standard A2.4, paragraphs 1 and 2. Entitlement to leave. Method of calculation. The Committee notes, in response to its previous comments, the Government’s indication that the clauses of the collective labour agreement of 11 January 2019 concerning employment conditions of seafarers not registered with the pool who are employed on merchant ships flying the Belgian flag, as established by section 1bis(1) of the Decree-Law of 7 February 1945, which replaces the collective agreement of 2 August 2012, must be read jointly with the remuneration scales annexed to the collective agreement concluded between the Associated Marine Officers’ and Seamen’s Union of the Philippines (AMOSUP) and the Belgian representative organization, the Royal Belgian Shipowners’ Association (RBSA), which refers to five days’ paid leave for Philippine seafarers. The Committee notes this information.

Regulation 2.5 and Standard A2.5.1, paragraph 2(b). Repatriation. Maximum period of service on board). The Committee notes that the Government’s indication, in response to its previous request, that seafarers’ employment agreements are always fixed-term contracts and that section 68 of the Act of 3 June 2007 issuing various labour provisions provides that “the maximum duration of service periods on board following which a seafarer is entitled to repatriation shall be less than twelve months”. This provision was included in the Act of 3 June 2007 by the Act of 6 March 2017 modifying the Act of 3 June 2007 issuing various labour provisions and the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006. The Committee notes this information, which addresses its previous request.

Regulation 2.5 and Standard A2.5.2, paragraphs 6 and 7. Repatriation. Financial security. Documentary evidence. The Committee notes, in response to its previous comment, the Government’s indication that section 2.3.2, final subparagraph, of the Royal Decree of 30 July 2021 on optimizing the provisions relevant to maritime work provides as follows: “the certificate or other documentary evidence of financial security shall be established in conformity with the model contained in annex A2-I of the MLC”. The Committee also observes that this same Decree sets out the conditions for issuing a maritime labour certificate to include the information required following adoption of the 2014 amendments to the Code of the MLC, 2006, concerning financial security for repatriation. Finally, the Committee observes that the new version of the DMLC, Part I, sent by the Government also includes the requirements of Standard A2.5.2.The Committee notes this information, which addresses its previous request.

Regulation 3.1 and Standard A3.1, paragraph 9. Accommodation and recreational facilities. Sleeping rooms. Noting that under section 7(2) of Annex XIV of the Order of 1973 the size of sleeping rooms on passenger ships where more than four ratings are berthed in the same sleeping room does not fulfil the requirements of Standard A3.1, paragraph 9(i) (minimum area of 14.5 square metres in rooms accommodating four persons), the Committee asked the Government to indicate the manner in which it gives effect to this provision of the Convention. Noting the Government’s indication that the adaptation of the relevant regulations is currently under examination, the Committee requests the Government to take the necessary measures to give effect to this requirement of the Convention and to provide information on all developments in this regard.

Regulation 3.1 and Standard A3.1, paragraph 12. Accommodation and recreational facilities. Hospital. Noting that the application of the Royal Decree of 7 January 1998 concerning medical assistance on board ships is limited to ships of more than 500 gross tonnage, the Committee recalled that Standard A3.1, paragraph 12 does not apply only to ships of more than 500 gross tonnage. Noting the Government’s indication that modification of the relevant regulations is under examination, the Committee requests the Government to take the necessary measures to give effect to this requirement of the Convention and to provide information on all developments in this regard.

Regulation 4.1, paragraph 3 and Standard A4.1, paragraph 1(c). Medical care on board ship and ashore. Right to visit a medical doctor or dentist in ports of call. Noting that the Royal Decree of 15 December 2010 concerning first aid for workers suffering injury or illness does not specifically cover the situation of seafarers calling at a foreign port when they are working under the Belgian flag or calling at a Belgian port, whether they are working under the Belgian or a foreign flag, the Committee requested the Government to provide detailed information on the national measures giving full effect to Regulation 4.1, paragraph 3 and to Standard A4.1, paragraph 1(c). The Committee notes the Government’s indication that the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006, is currently being amended. The Government states that provision will be made to ensure that seafarers on board ships sailing in Belgian waters, who are in need of immediate medical attention, have the right to disembark immediately and have access to medical facilities on shore, to receive appropriate treatment, and that the shipowner will cover the expenses related to the medical facilities and care for the seafarer or seafarers. Noting the Government’s indication that its legislation is being amended, the Committee requests the Government to take the necessary measures to give effect to Regulation 4.1, paragraph 3 and to Standard A4.1, paragraph 1(c) and to provide a copy once it has been adopted.

Regulation 4.2 and Standard A4.2.1, paragraph 1(d). Shipowners’ liability. Burial expenses. The Committee requested the Government to indicate measures to ensure that seafarers not covered by the collective agreement of 8 May 2003 issuing provisions common to the collective labour agreement for officers and ratings registered with the Belgian pool of merchant navy seafarers employed by a Belgian company, enjoy the protection provided under Standard A4.2.1, paragraph 1(d). The Committee notes with interest the Government’s indication that the Act of 20 May 2021 on optimizing the provisions relevant to maritime work has corrected this by inserting the following new subparagraph in section 65 of the Act of 3 June 2007: “The cost of burial expenses in the case of death occurring on board or ashore during the period of engagement shall be borne by the shipowner”. The Committee notes this information, which addresses the point raised previously.

Regulation 4.2 and Standard A4.2.1, paragraph 7. Shipowners’ liability. Safeguarding of property left on board. The Committee requested the Government to indicate the manner in which it ensured that owners of ships flying the Belgian flag took measures for safeguarding property left on board by sick, injured or deceased seafarers (Standard A4.2, paragraph 7), both for seafarers registered with the pool and those not registered with the pool. The Committee notes the Government’s reference to the principle that the protection and indemnity insurance (P&I) taken out by the owner of the ship covers all aspects of “shipowner’s liability”, and also to sections 3.2 and 20 of the collective labour agreement of 11 January 2019 concerning the working conditions of seafarers not registered with the pool under section 1bis (1) of the Decree-Law of 7 February 1945 and working on board ships flying the Belgian flag. Noting however that the obligation for shipowners of ships flying the Belgian flag to take measures for safeguarding property left on board by sick, injured or deceased seafarers and for returning it to them or to their next of kin is not made explicit, as provided under Standard A4.2.1, paragraph 7, the Committee again requests the Government to adopt measures to give full effect to this provision of the Convention.

Regulation 4.2 and Standard A4.2.1, paragraphs 8 to 14 and Standard A4.2.2. Shipowners’ liability. Financial security. The Committee asked the Government to indicate the measures giving full effect to paragraphs 11 and 14 of Standard A4.2.1, which provide that all ships, and not solely those subject to the obligation of certification established by Regulation 5.1.3, paragraph 1, shall carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. The Committee notes the Government’s indication that section 3 of the Royal Decree of 30 July 2021 on optimizing the provisions relevant to maritime work does not restrict the obligation to carry documentary evidence of financial security solely to certified ships. The Committee notes this information, which addresses the point raised previously.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee requested the Government to send copies of specific instruments that deal with the prevention of occupational hazards for workers employed on ships to which the MLC, 2006, applies. The Committee notes that the Government does not provide comprehensive information in this regard and that it refers to the International Safety Management Code (ISM Code), which does not cover all the requirements of Regulation 4.3 and the Code.The Committee therefore requests the Government to provide detailed information on: (i) the adoption and effective application as well as the promotion of occupational safety and health policies and programmes on board ships, including risk evaluation as well as training and instruction of seafarers (Standard A4.3, paragraph 1(a)); and (ii) the adoption of legislation and other measures established by paragraph 3 of Regulation 4.3 dealing with all matters provided for by Standard A4.3, paragraphs 1 and 2, and in particular the obligation to establish a ship’s safety committee on which there are five or more seafarers (Standard A4.3, paragraph 2(d)).

Regulation 4.5 and Standard A4.5, paragraph 3. Social security. Protection of seafarers ordinarily resident in its territory. Noting that the statutory application of the Belgian social security scheme is linked to the conclusion of an employment agreement in Belgium, the Committee requested the Government to adopt the necessary measures in order to extend the protection provided under Standard A4.5, paragraph 3, to all seafarers ordinarily resident in its territory and who work on board foreign-flagged ships. The Committee notes the Government’s indication that there is currently no general legal provision that guarantees social security coverage to seafarers ordinarily resident in Belgium and employed on foreign-flagged ships. The Government indicates however that there are several social security schemes in Belgium that ensure that social protection is available or possible in almost all situations, subject to payment of social contributions. The Government identifies the following situations: (i) seafarers residing legally in Belgium and employed on board a ship flying the flag of a European Economic Area (EEA) Member State or of Switzerland are subject to the legislation of one of the Member States under Article 11.4 of Regulation (EC) No. 883/2004 of the European Parliament and of the Council of 29 April 2004 on the coordination of social security systems; (ii) seafarers residing legally in Belgium and employed on board a ship flying under the British flag are subject to the legislation of a Member State of the European Union or of the United Kingdom of Great Britain and Northern Ireland, as established by section SSC.10 of the Protocol on the coordination of social security systems within the framework of the Trade and Cooperation Agreement; (iii) without prejudice to bilateral agreements on social security between Belgium and other countries, seafarers residing legally in Belgium, who are nationals of a EEA Member State or of Switzerland and employed on a ship flying a flag other than those mentioned above are free to join the Belgian overseas social security regime. Seafarers of other nationalities may join that regime when working for a Belgian employer (section 12 of the Act of 17 July 1963 on overseas social security); and (iv) any person living legally in Belgium (included in the national register of natural persons) may become affiliated, on a voluntary basis, to the legal healthcare insurance subject to payment of contributions (section 32(15) of the Act of 14 July 1994 on obligatory health care and benefits insurance). The Committee observes that seafarers resident in Belgium and employed on board foreign ships (other than those from the European Union/EEA, Great Britain or countries having concluded bilateral agreements), figuring in situations (iii) and (iv), only have the right to voluntary affiliation and would be obliged to bear the cost of both employer and worker contributions, which violates the principle established by Regulation 4.5, paragraph 3, by which seafarers who are subject to national social security legislation are entitled to benefit from social security protection no less favourable than that enjoyed by shoreworkers. The Committee therefore requests the Government to indicate the measures taken or envisaged to respect the principle of equality of treatment between seafarers and shoreworkers with regard to social security protection in the case of seafarers who work on board foreign ships (other than those of the European Union/EEA). In addition, the Commission requests the Government to provide statistical information on the number of foreign seafarers resident in Belgium and working on board foreign flagged vessels.

Rule 4.5 and Standard A4.5, paragraph 6. Social security. Comparable benefits for seafarers in the absence of adequate coverage. The Committee requested the Government to indicate the measures adopted to provide social benefits to seafarers who do not reside in the national territory, who work on ships flying the national flag and who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6; Guideline B4.5, paragraph 5). The Committee notes the Government’s indication that the Royal Decree of 15 May 2003 issued under section 2 of the Decree-Law of 7 February 1945 concerning the social security of merchant navy seafarers provides that seafarers not domiciled in a European Union Member State or in a Contracting State can only be excluded from Belgian seafarers’ social security (Decree-Law of 7 February 1945) when they are employed on a ship flying the Belgian flag, if they are insured for social risks in the country of origin, under the legislation of that country, or if the shipowner has taken out an insurance contract for them that fulfils the standards established by the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), and the Sickness Insurance (Sea) Convention, 1936 (No. 56). The Committee notes this information, which addresses the point raised previously.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and Declaration of Maritime Labour Compliance. The Committee requested the Government to indicate the provisions ensuring that the record of the Maritime Labour Certificate is publicly available as provided under Regulation 5.1.3, paragraph 6. The Committee notes the Government’s indication that this requirement is included on the Federal Public Service Mobility and Transport website. The Committee notes this information with addresses the point raised previously.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s second report on the application of the Maritime Labour Convention, 2006, as amended (MLC, 2006). The Committee notes that the amendments to the Code approved by the International Labour Conference in 2014 and 2016 entered into force for Belgium on 18 January 2017 and 8 January 2019, respectively. Following its second review of the information and documents available, the Committee draws the Government’s attention to the following issues.

Article II, paragraphs 1(f), 2 and 3, of the Convention. Scope of application. Seafarers. In its previous comment, the Committee noted that seafarers with a status other than that of employee are not covered by the Act of 3 June 2007 issuing various labour provisions (Act of 3 June 2007) or by its implementing regulations. However, one title of the Act, on seafarers’ agreements, contains provisions on living and working conditions on board ships and these are relevant to the Convention. Among seafarers with employee status, some of those employed on dredgers appear to be covered not by the Act of 3 June 2007 but by the Labour Act of 16 March 1971. The Committee asked the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention. The Committee notes with interest the Government’s indication that section 5(1)(2) of the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006, provides that the shipowner must guarantee that seafarers with a status other than that of employee enjoy the same decent living and working conditions equivalent to those guaranteed for seafarers with employee status by the national provisions giving effect to the requirements of the MLC, 2006. The Committee also notes that section 5(1)(1) provides that the Act of 13 June 2014 applies both to seafarers covered by the Act of 3 June 2007 and its implementing regulations and to seafarers without employee status. The Committee further notes the Government’s indication that seafarers employed on dredgers are covered by a number of collective agreements in the merchant navy sector, further to the conclusion of the collective agreement of 20 January 2017, concerning conditions of work and pay on dredgers.

In its previous comment, the Committee noted that section 28/1 of the Act of 3 June 2007 allows the King to establish, after consultation of the relevant joint committee, the categories of persons who are not seafarers. The Committee asked the Government to keep it informed of decisions taken pursuant to section 28/1 of the Act of 3 June 2007. The Committee notes that the Government adopted the Royal Decree of 7 March 2016 determining the categories of persons who are not seafarers pursuant to section 28/1. The Committee notes that this Decree provides that “the following categories of persons shall not be considered seafarers within the meaning of section 28/5 of the Act of 3 June 2007: […] 2. Trainees”. The Committee recalls that under Article II, paragraph 1(f), of the Convention, a seafarer is defined as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee considers that undergoing on-board training with a view to becoming a seafarer implies by definition working on board and so there can be no doubt that trainees in this situation must be considered as seafarers for the purposes of the Convention. The Committee emphasizes that the protection granted by the Convention assumes particular importance for the most vulnerable categories of persons such as trainees. The Committee therefore requests the Government to take the necessary steps to ensure that trainees are considered as seafarers and that they enjoy the protection afforded by the Convention. The Committee is fully aware of the shortage of qualified officers capable of serving on board ships undertaking international voyages and ensuring their effective operation, a situation that is likely to persist in the maritime sector, and of the difficulties encountered in ensuring that trainee officers (cadets) satisfy the requirements of minimum compulsory seagoing service which forms part of the conditions prescribed by the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers (STCW) with regard to certification. In view of the above, the Committee recalls that, as indicated in Article VI, paragraph 3, of the Convention, governments, in consultation with the social partners, may, if necessary and in conformity with the Convention, agree on measures which are substantially equivalent to be applied to trainee officers.

Regulation 1.1 and the Code. Minimum age. In its previous comment, the Committee noted the Government’s indication that the dredging sector is covered by the Labour Act of 16 March 1971, which defines the concept of “night” as the period between 8 p.m. and 6 a.m. Section 34bis of the Act provides that for “young workers over 16 years of age the limits set are 10 p.m. and 6 a.m. or 11 p.m. and 7 a.m. in the case of: (1) work, the performance of which, by reason of its nature, cannot be interrupted; (2) work organized in shifts”. Recalling that Standard A1.1, paragraph 2, of the Convention requires that the term “night” “shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m.”, the Committee drew the Government’s attention to the fact that the periods referred to in section 34bis cover a period of only eight consecutive hours. The Committee notes with interest the Government’s indication that, in accordance with the Declaration of Maritime Labour Compliance (DMLC), Part I, young seafarers employed on dredgers are subject to clause 6 of Appendix 1 to the Royal Decree of 12 March 2003 concerning the application of the provisions relating to maintaining compulsory hours of work of seafarers on board ships calling at Belgian ports, which provides that the term “night” shall cover a period of at least nine consecutive hours, starting no later than midnight and ending no earlier than 5 a.m.

The Committee previously noted that in connection with the determination of the types of work likely to jeopardize the health or safety of seafarers under 18 years of age (Standard A1.1, paragraph 4), the Government refers to a Royal Order of 3 May 1999 on the protection of young persons at work. Observing that this order does not contain any provisions which deal expressly with work on board seagoing ships, the Committee requested the Government to indicate the measures taken or envisaged to adopt the list of types of work required by the Convention. The Committee notes the Government’s indication that the Royal Order of 3 May 1999 is also applicable to seafarers and that the DMLC, Part I, for the dredging sector contains a list of examples of prohibited types of work. The Committee recalls that Standard A1.1, paragraph 4, provides that the employment, engagement or work of seafarers under the age of 18 shall be prohibited where the work is likely to jeopardize their health or safety, and that the types of such work shall be determined by national laws or regulations or by the competent authority, after consultation with the shipowners’ and seafarers’ organizations concerned, in accordance with relevant international standards. The Committee requests the Government to adopt for the merchant navy sector, after consultation with the shipowners’ and seafarers’ organizations concerned, the list of types of work specifically prohibited on board seagoing ships as required by Standard A1.1, paragraph 4, of the Convention, and to send a copy of the DMLC, Part I, applicable to the dredging sector.

Regulation 1.4 and the Code. Recruitment and placement. In its previous comment, the Committee noted the Government’s indication that no public or private services for the placement of seafarers operate in its territory. The Committee nonetheless noted that there are several sets of national regulations which govern placement activities by both public institutions and private employment agencies, and it asked the Government to indicate the provisions that implement Standard A1.4. The Government indicates that the Flemish region has public and private placement offices which are governed by the Decree of 10 December 2010 concerning private placement and by an Order adopted pursuant to this Decree. The Government states that this Decree was adopted to apply the Private Employment Agencies Convention, 1997 (No. 181). However, the Committee notes that the Decree of 10 December 2010 has not been amended to incorporate the requirements of the MLC, 2006. The Government indicates that there are no public or private seafarer placement services operating in the Brussels-Capital region. However, the Ordinance of 14 July 2011 concerning the joint management of the labour market in the Brussels-Capital region, which came into force in October 2012 further to the implementing order of 12 July 2012 adopted by the Brussels-Capital regional government, allows the placement of seafarers by private employment agencies. The Committee recalls that Standard A1.4, paragraph 2, provides that where a Member has private seafarer recruitment and placement services operating in its territory whose primary purpose is the recruitment and placement of seafarers or which recruit and place a significant number of seafarers, they shall be operated only in conformity with a standardized system of licensing or certification or other form of regulation. This system shall be established, modified or changed only after consultation with the shipowners’ and seafarers’ organizations concerned. The Committee recalls that Standard A1.4, paragraph 5, specifies the conditions which the system established in paragraph 2 must satisfy pursuant to the legislation or other measures in force. The Committee therefore requests the Government to indicate the measures taken or contemplated to give full effect to the requirements of Standard A1.4.

The Committee also previously requested information on current procedures for dealing with complaints pertaining to the recruitment of seafarers on ships registered in Belgium (Standard A1.4, paragraph 7). The Committee notes that the Government describes the conditions for the implementation of the complaints procedure established in section 21 of the Decree of 10 December 2010 concerning private placement in the Flemish region. The Government indicates that monitoring of the application of the Decree is undertaken by an independent Flemish inspection service having competence in labour law and that this service can always be reached through various channels of communication enabling seafarers to highlight any problems. The Government indicates that no complaints from seafarers have been recorded so far.

Regulation 2.1 and the Code. Seafarers’ employment agreements. Record of employment. The Committee previously noted that section 52 of the Act of 3 June 2007 provides that “when the employment agreement ends, the employer shall give the seafarer all the social documents and a certificate recording only the date of the beginning and the end of the agreement, and the nature of the work. The certificate may contain no other entries, except at the express request of the seafarer …”. The Committee noted that the Government had provided a document entitled “Certificate of service”, which has a field headed “Remarks” without specifying that it shall not contain any statement as to the quality of the seafarer’s work. The Committee drew the Government’s attention to Standard A2.1, paragraph 3, which specifies that this document “shall not contain any statement as to the quality of the seafarers’ work or as to their wages”. The Committee notes with interest the Government’s indication that the “Remarks” field will be supplemented with the following statement (in English): “This document shall not contain any statement as to the quality of the seafarers’ work or as to their wages”.

Regulation 2.2 and the Code. Wages. The Committee notes that section 15 of the Act of 12 April 1965 concerning the protection of workers’ pay provides that the worker shall be provided with a statement (in paper or electronic form) at the time of each final payment. The King may determine the details that the statement must contain and how they are subdivided under different headings. It is stated that, in the six months following the entry into force of this Act, the joint committees must determine the particulars to be included in this document. In the event of any shortcoming or absence of the joint committees, the King shall take the necessary measures after consulting the National Labour Council. Recalling that Standard A2.2, paragraph 2, provides that seafarers shall be given a monthly account of the payments due and the amounts paid, including wages, additional payments and the rate of exchange used where payment has been made in a currency or at a rate different from the one agreed to, the Committee requests the Government to indicate the measures which determine the main headings to be included in the seafarers’ monthly wage statement.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee previously noted that section 10/1(2) of the Royal Order of 24 May 2006 on seafarers’ certificates of proficiency provides that the limits on hours of work or rest shall be established in reference to maximum duration of work or to minimum duration of rest. The Government indicated in its report that both options were possible and that, as a rule, shipowners opted for minimum hours of rest. The Committee asked the Government to take the necessary measures to establish either a maximum number of hours of work not to be exceeded in a given period, or a minimum number of hours of rest to be granted in a given period (Standard A2.3, paragraphs 2 and 5). The Government indicates that clauses 7 and 8 of the collective labour agreement of 22 October 2015 for masters and officers registered with the pool fix the minimum number of hours of rest and that clauses 9–11 of the collective labour agreement of 8 May 2003 for ratings (ordinary seafarers) registered with the Belgian pool of merchant navy seafarers employed by a Belgian company fix the hours of work for watchkeeping personnel, day personnel and general service personnel. However, the Committee notes that the collective agreement of 8 May 2003 does not deal with maximum hours of work or minimum hours of rest but with the organization of hours of work. The Committee recalls that Standard A2.3, paragraph 2, provides that national laws and regulations must decide, in accordance with the Convention, the applicable system of maximum hours of work or minimum hours of rest and that the Government cannot therefore transfer responsibility for this decision to the social partners through collective bargaining. Also observing that Standard A2.3, paragraph 2, should not be interpreted as giving shipowners or masters the choice between several systems, the Committee requests the Government to take the necessary steps to ensure that either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time is fixed (Standard A2.3, paragraphs 2 and 5).

The Committee asked the Government to provide further information on the performance of safety watches provided for in clause 14 of the collective bargaining agreement of 1 February 2006 for masters and officers registered with the Belgian pool of merchant navy seafarers employed by a Belgian company, as amended by the collective bargaining agreement of 2 September 2009. The Committee notes the Government’s indication that the collective bargaining agreement of 1 February 2006 was repealed and replaced by the agreement of 22 October 2015 for masters and officers registered with the pool. The Committee notes that the agreement in force no longer contains any provisions for a system of safety watches in ports comparable to the previous one. The Committee also previously noted that under clause 6 of the collective bargaining agreement of 14 December 2005 for navy personnel registered with the pool of seafarers employed on board shortsea ships flying the Belgian flag, the master reserves the right to order at any time work relating to, inter alia, fire drills, lifeboat drills and any similar exercise prescribed by international agreements. The Committee reminded the Government that Standard A2.3, paragraph 7, requires such exercises to be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. The Committee notes that section 10/1(4)(2) of the Royal Order of 24 May 2006 concerning seafarers’ certificates of competency, mentioned by the Government, is compliant with the requirements of the Convention. The Committee notes that shortsea ships are not excluded from the scope of application of this Royal Order. Lastly, the Committee noted that clauses 14 and 15 of the collective agreement of 1 February 2006 did not establish the requirement of compensatory rest prescribed by Standard A2.3, paragraph 8, in the event of actual work during an on-call period. The Committee notes the Government’s indication that this obligation is covered by section 10/1(6) of the above-mentioned Royal Order of 24 May 2006, which provides that, if seafarers are on call, for example when an engine room is not attended, they shall have an adequate period of compensatory rest if the normal rest period is disturbed by call-outs. The Committee also notes that the above-mentioned collective labour agreement of 22 October 2015, which repeals and replaces the collective agreement of 1 February 2006, does not contain any requirement contrary to section 10/1(6) of the Royal Order of 24 May 2006. The Committee notes this information, which responds to the points raised previously.

Regulation 2.4 and the Code. Entitlement to leave. The Committee previously noted the Government’s indication that the leave entitlement for seafarers not registered with the pool is “18 days of leave in a 30-day period of work”, but that no further details on this issue are provided. The Committee noted that the applicable collective agreement of 3 August 2012 defines entitlement to leave in reference to a scale set out in an appendix. However, there is no indication as to whether the figures in this table refer to the number of days’ leave for each month worked or for each year worked, cadets having 18 days whereas the ship’s master has 171 days. The Committee therefore asked the Government to indicate exactly how entitlement to leave is determined for seafarers not registered with the pool who are employed on ships flying the Belgian flag. The Government indicates that seafarers who are not registered with the pool always have fixed-term contracts, so rules on leave do not apply. The Committee notes the Government’s indication that the pay of seafarers not registered with the pool includes a holiday allowance. The Committee also notes that clause 16 of the collective agreement of 3 August 2012 provides that leave days may only be taken during the period of employment if so desired by the seafarer and if this does not disrupt work on board. Clause 3 indicates that seafarers are recruited on fixed-term contracts of a maximum duration of seven months. The Committee recalls that Standard A2.4, paragraph 2, provides that subject to any collective agreement or laws or regulations providing for an appropriate method of calculation that takes account of the special needs of seafarers in this respect, the annual leave with pay entitlement shall be calculated on the basis of a minimum of 2.5 calendar days per month of employment. Recalling the fundamental importance of annual leave with pay for protecting the health and well-being of seafarers and preventing fatigue, the Committee requests the Government to indicate the measures taken to ensure that all seafarers not registered with the pool who are employed on ships flying the Belgian flag are entitled to a minimum of 2.5 calendar days of leave per month of employment, calculated on a pro rata basis where necessary.

The Committee recalls that, further to a combined reading of Standard A2.4, paragraph 3, on annual leave and Standard A2.5.1, paragraph 2(b), on repatriation, the maximum continuous period of service on a ship without any leave is in principle 11 months. The Committee requests the Government to indicate the measures which give full effect to the Convention on this point for all seafarers, regardless of the collective agreement that applies to them.

Regulation 2.5 and the Code. Repatriation. The Committee previously asked the Government to indicate the provisions that require the provision of financial security, in accordance with Regulation 2.5, paragraph 2. The Committee notes with interest the Government’s explanation that the Act of 6 March 2017 amending the Act of 3 June 2007 issuing various labour provisions and the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006, has incorporated into the national legislation the necessary provisions for giving effect to the 2014 amendments to the MLC, 2006. The Committee requests the Government to provide a copy of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A2-I to the Convention (Standard A2.5.2, paragraph 7). The Committee also requests the Government to provide a copy of the Maritime Labour Certificate and the DMLC, Part I, in the version which incorporates the information required further to the adoption of the 2014 amendments to the MLC, 2006.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In its previous comment, the Committee noted that for ships built before the entry into force of the MLC, 2006, the requirements for the construction and equipment of ships set forth in the Accommodation of Crews Convention (Revised), 1949 (No. 92), and the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), shall continue to apply to the extent that they were applicable prior to that date, under the law or practice of the Member concerned (Regulation 3.1, paragraph 2). The Committee noted that under the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006, ships built before the entry into force of the Convention in Belgium are subject only to the requirements on the construction and equipment of ships set forth in Convention No. 92. The Committee therefore asked the Government to indicate the measures taken to ensure compliance with the requirements of Convention No. 133 in respect of ships built before the entry into force of the MLC, 2006. The Committee notes the Government’s reference to Appendix XIV to the Royal Order of 20 July 1973 regulating maritime inspection. The Government points out that this is very similar to Convention No. 133 and hence the conformity of Belgian ships with the provisions of Convention No. 133 is ensured. The Committee notes that clause 1(5) of Appendix XIV to the Royal Order of 20 July 1973 provides that the requirements of this Appendix implementing Regulation A3.1 of the MLC, 2006, which deals with the construction and equipment of ships, only apply to ships built on or after 20 August 2014. For ships built before 20 August 2014, the requirements concerning the construction and equipment of ships set forth in Convention No. 92 and Convention No. 133 will continue to apply. The Committee notes this information, which responds to the point raised previously.

The Committee notes that clause 7(2)(A) of Appendix XIV to the Royal Order of 1973 provides that on passenger ships where more than four crew members are lodged in the same berth area the minimum surface area per occupant shall be 2.22 square metres. Recalling that Standard A3.1, paragraph 9(i), provides that on passenger ships the floor area of sleeping rooms for seafarers not performing the duties of ships’ officers shall not be less than 14.5 square metres in rooms accommodating four persons, the Committee draws the Government’s attention to the fact that the Convention does not provide for any exceptions to the implementation of this requirement. The Committee requests the Government to indicate the measures taken to ensure that the maximum number of seafarers per sleeping room and the size of these rooms on passenger ships comply with the requirements of Standard A3.1, paragraph 9(i).

The Committee notes that clause 13(1) of Appendix XIV to the Royal Order of 1973 provides that any ship covered by section 1 of the Royal Order of 7 January 1998 concerning medical assistance on board ships of more than 500 gross tonnage carrying 15 or more seafarers and engaged in a voyage of more than three days’ duration shall provide accommodation for the administration of medical care. Recalling that Standard A3.1, paragraph 12, not only applies to ships of more than 500 gross tonnage, the Committee requests the Government to take the necessary steps to ensure the conformity of its national legislation with this provision of the Convention.

The Committee previously noted that sections 13 and 15 of the Royal Order of 30 September 2014 refer to permissible exemptions and derogations from the provisions of Standard A3.1 and that a follow-up committee has been established at national level, whose mandate includes issuing an opinion on the feasibility of derogations from the requirements of Standard A3.1. The Committee asked the Government to indicate the decisions, either adopted or under preparation, which would constitute exemptions or derogations from the application of Standard A3.1. The Committee notes the Government’s indication that no exemption or derogation has been granted or requested. Regulation 4.1 and the Code. Medical care on board and ashore. Regarding measures ensuring that seafarers are able to visit a qualified medical doctor or dentist without delay in ports of call, where practicable (Standard A4.1, paragraph 1(c)), the Government mainly refers to the Royal Order of 15 December 2010 concerning first aid for workers suffering injury or illness. The Committee notes that this text does not specifically cover the situation of seafarers calling at a foreign port when they are working under the Belgian flag or calling at a Belgian port, whether they are working under the Belgian or a foreign flag. The Committee also notes that the Royal Order of 15 December 2010 deals with first aid defined as all acts needed to limit the consequences of an accident or traumatic or non-traumatic incident and to ensure that injuries are not aggravated while waiting, if necessary, for specialist assistance. The Committee draws the Government’s attention to the fact that Standard A4.1, paragraph 1(c), is not solely concerned with situations of first aid. The Committee therefore requests the Government to provide detailed information on the national measures giving full effect to Standard A4.1, paragraph 1(c). The Committee also notes the Government’s indication that seafarers on ships sailing in Belgian territorial waters or calling at a Belgian port have access to medical facilities on shore when they need immediate medical or dental care (Regulation 4.1, paragraph 3), but the Government does not specify the applicable measures. The Committee requests the Government to indicate the measures giving effect to Regulation 4.1, paragraph 3.

In response to its previous comment on the level of training required for seafarers who are not medical doctors and who are in charge of providing medical care (Standard A4.1, paragraph 4(c)), the Committee notes with interest the Government’s reference to the relevant provisions of the Royal Order of 24 May 2006 and to the Royal Order of 7 January 1998 concerning medical assistance on board ships, as amended. The Committee also requests the Government to send the standard medical report form for seafarers adopted pursuant to Standard A4.1, paragraph 2.

Regulation 4.2 and the Code. Shipowners’ liability. The Committee previously noted that under section 65 of the Act of 3 June 2007, the assistance due from shipowners in the event of illness or accident covers only medical treatment and the provision of medicines and other therapeutical appliances, and that board and lodging expenses appear to be borne by the shipowner only in the event of repatriation. The Committee recalled in this connection that Standard A4.2.1, paragraph 1(c), provides that shipowners shall be liable to defray the expense of board and lodging away from home until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character. It further noted that these costs also appeared not to be covered by the social security scheme applying to merchant navy seafarers. The Committee asked the Government to provide information on the measures taken to ensure that shipowners bear the costs of board and lodging for seafarers suffering accident or illness when they are not repatriated, if such costs are indeed not covered by the applicable social security scheme. The Committee notes the Government’s statement that it goes without saying that if the seafarer is not repatriated following an accident or illness and he or she remains on board, the obligation established in section 65 of the Act of 3 June 2007 still applies. The Committee notes this information, which responds to the point raised previously.

The Committee previously noted that the Act of 3 June 2007 does not provide for the shipowner to bear the cost of burial expenses. The Committee emphasized that Standard A4.2.1, paragraph 1(d), also makes the shipowner liable to pay the cost of burial expenses in the event of death occurring on board or ashore during the period of engagement, while Standard A4.2.1, paragraph 6, allows an exemption for the shipowner if such liability is assumed by the public authorities. The Committee therefore asked the Government to indicate the measures taken or envisaged to give effect to the requirements of Standard A4.2.1, paragraphs 1(d) and 6. The Committee notes the Government’s reference to clause 9 of the collective agreement of 8 May 2003 issuing provisions common to the collective labour agreement for officers and ratings registered with the Belgian pool of merchant navy seafarers employed by a Belgian company, which is in conformity with the requirements of Standard A4.2.1, paragraph 1(d). The Committee requests the Government to indicate the measures ensuring that seafarers not covered by this collective agreement enjoy the protection prescribed by Standard A4.2.1, paragraph 1(d).

In its previous comment, noting that sections 65 and 66 of the Act of 3 June 2007 continue to specify the end of the voyage or the actual repatriation of the seafarer as limits to the shipowner’s liability, the Committee asked the Government to indicate the measures adopted or envisaged to provide seafarers working on board Belgian-flagged ships with protection that meets the requirements of Standard A4.2.1, paragraphs 2 and 4. The Committee notes the Government’s reference to the collective agreement of 3 August 2012 concerning the working conditions of seafarers not registered with the pool who are employed on ships flying the Belgian flag, as established by section 1bis(1) of the Legislative Order of 7 February 1945. The Government adds that the usual social security rules apply to seafarers registered with the pool. All are covered by the regulations relating to occupational accidents and compulsory health insurance. The Government points out that the laws and regulations exceed the requirements of the MLC, 2006. The Committee notes this information, which responds to the point raised previously.

In its previous comment, the Committee noted the Government’s indication that an employer that has paid the requisite remuneration or a share in medical or travel expenses may recover these costs from the seafarer or the seafarer’s dependants if it demonstrates that the illness or accident is due solely to serious misconduct on the part of the seafarer. The Committee asked the Government to indicate whether this serious misconduct must also be wilful, as provided in the Convention. The Committee notes the Government’s indication that, by analogy with the general regulations on occupational accidents, which provide, in section 48 of the Act of 10 April 1971, that compensation established by the present Act is not due when the accident was deliberately caused by the victim, the expression “serious misconduct” referred to in section 67 of the Act of 3 June 2007 should be interpreted as serious misconduct involving a deliberate act carried out with the intention of causing harm. The Committee notes this information, which responds to the point raised previously.

Regarding the safeguarding of property left on board by sick, injured or deceased seafarers, the Committee noted that neither the Act of 3 June 2007 nor the applicable collective agreements establish an obligation to return the property to the seafarers or to their next of kin (Standard A4.2.1, paragraph 7). The Committee asked the Government to indicate the provisions adopted or envisaged to ensure compliance with Standard A4.2.1, paragraph 7. The Committee notes the Government’s reference to the provisions of two collective agreements: the agreement of 22 October 2015 for masters and officers registered with the pool; and the agreement of 8 May 2003 for ratings registered with the Belgian pool and employed by a Belgian company. The Committee notes that these two collective agreements indeed provide for the coverage of baggage transport costs, but only in cases of repatriation and not in cases of death as required by Standard A4.2.1, paragraph 7. The Committee also notes that these collective agreements are only concerned with seafarers registered with the pool. The Committee therefore requests the Government once again to indicate the measures that give full effect to Standard A4.2.1, paragraph 7, for all seafarers within the meaning of the MLC, 2006.

Regarding the financial security that shipowners are required to provide in order to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard (Standard A4.2.1, paragraph 1(b) and paragraphs 8–14, and Standard A4.2.2), the Committee notes with interest the adoption of the Act of 6 March 2017 “amending the Act of 3 June 2007 on labour law” and the Act of 13 June 2014 “implementing and monitoring the application of the MLC, 2006”, which gives effect in Belgian law to the 2014 amendments to the MLC, 2006. The Committee notes that section 7 of the Act of 13 June 2014 provides that any ship of 500 gross tonnage or more flying the Belgian flag and engaged in an international voyage or operating from a port or between ports of another country shall hold on board and keep up to date a Maritime Labour Certificate, a DMLC and insurance certificates as required by the MLC, 2006. The present title also applies to any other ship flying the Belgian flag at the request of the shipowner or designated official. The insurance certificates designate the certificate of insurance relating to repatriation and the certificate of insurance or any other financial security relating to the shipowner’s responsibility. The Committee recalls that Standard A4.2.1, paragraph 11, provides that all ships – and not only those obliged to be certified pursuant to Regulation 5.1.3, paragraph 1 – must carry on board a certificate or other documentary evidence of financial security issued by the financial security provider. The Committee therefore requests the Government to indicate the measures giving full effect to Standard A4.2.1, paragraph 11. The Committee also requests it to send a copy of a standard certificate or other documentary evidence of financial security containing the information required in Appendix A4-I to the Convention (Standard A4.2.1, paragraph 14.)

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee previously noted the Government’s indication that implementation of the requirements of Regulation 4.3 is ensured mainly through the provisions of the Act of 3 June 2007, the Act of 4 August 1996 concerning the welfare of workers in the performance of their work and the International Safety Management Code (ISM Code), pursuant to Regulation (EC) No. 336/2006 of 15 February 2006 on the implementation of the International Safety Management Code within the Community. The Committee asked the Government to specify the categories of seafarers that fall within the scope of the Act of 4 August 1996. The Committee also asked the Government to provide detailed information on national guidelines pertaining to the management of occupational safety and health on board ships flying the Belgian flag that have been promulgated or that are being developed (Regulation 4.3, paragraph 2) and on occupational safety and health policies and programmes on ships that have been adopted and are being effectively implemented at national level (Standard A4.3, paragraph 1(a)). The Committee notes the Government’s indication that the Act of 4 August 1996 concerning the welfare of workers is applicable to workers bound by a seafarers’ employment agreement and workers bound by an inland waterways employment agreement. The Government indicates that all the legislation concerning worker welfare and the various Royal Orders implementing them are therefore applicable to seafarers employed on ships, including seafarers not registered with the merchant navy pool. The Government explains that certain generally applicable regulatory texts are not concerned with seafarers who are covered by specific instruments and that self-employed persons do not come within the scope of the Belgian legislation relating to worker welfare. However, regarding these workers, the Government refers to section 5(1)(2) of the Act of 13 June 2014, which provides that the shipowner must ensure that seafarers having a status other than employee enjoy decent living and working conditions equivalent to those afforded to seafarers with employee status by the national provisions giving effect to the requirements of the MLC, 2006. The Committee requests the Government to send copies of specific instruments that deal with the prevention of occupational hazards for workers employed on ships to which the MLC, 2006, applies.

The Committee previously noted that clause 29(5) of the collective agreement of 8 May 2003 for ratings registered with the Belgian pool of merchant navy seafarers employed by a Belgian company refers to an “advisory committee on safety and health”, which has authority to examine the nature and gravity of occupational accidents on board ships, to explore possible preventive measures and to present advice and proposals to competent bodies, organizations and institutions, and shipowners in connection with the health and safety of crews. Recalling that Standard A4.3, paragraph 3, requires member States regularly to review the laws and regulations and other measures taken, in consultation with the representatives of the shipowners’ and seafarers’ organizations and, if necessary, revise them to take account of changes in technology and research and of the need to improve them continuously, the Committee asked the Government to indicate whether the “advisory committee on safety and health” has actually been established and, if not, to specify the framework in which such regular review takes place. The Committee notes the Government’s indication that this collective labour agreement is no longer applicable. The Committee notes this information, which responds to the point raised previously.

Regulation 4.5 and the Code. Social security. The Committee previously noted that access to benefits provided to seafarers residing in Belgium, in respect of social security protection supplementary to that specified in Regulations 4.1 and 4.2, is ensured through affiliation to the national social security scheme, pursuant to sections 2, 2bis and 2ter of the Legislative Order of 7 February 1945 concerning the social security of merchant navy seafarers. The Committee asked the Government to provide detailed information on the different categories of seafarers who are actually allowed to join this social security scheme. The Committee notes the Government’s indication that the application of the Legislative Order of 7 February 1945 is very broad and makes no distinction between the various categories of seafarers. The Government explains that the crucial elements for determining seafarer status are: (1) employment on a seagoing ship, which excludes persons employed on pleasure craft or inland waterway vessels; (2) being assigned to operation of the ship, which excludes divers, scientists or instructors on training ships; and (3) the signature of a seafarers’ employment agreement with a shipowner, which excludes pilots, for example. However, the Committee notes that the Legislative Order of 7 February 1945 mainly refers to the flag of the ship to determine its scope of application. The Committee also notes that section 30 of the Act of 3 June 2007 issuing various labour provisions indicates that its provisions are applicable to employment agreements for seafarers on Belgian seagoing ships, regardless of the place where the agreement was concluded and the nationality of the employer, shipowner or seafarer. Its provisions are also applicable to seafarers’ employment agreements concluded between a Belgian employer or a Belgian shipowner and a seafarer principally resident in Belgium employed on ships flying a flag other than the Belgian flag. The conclusion of an employment agreement gives rise, for seafarers whose shipowner or employer comes under the authority of the joint committee for the merchant navy, to the statutory application of the Belgian social security scheme, as established by the Legislative Order of 7 February 1945. The Committee recalls that Standard A4.5, paragraph 3, provides that each Member shall take steps according to its national circumstances to provide the complementary social security protection referred to in paragraph 1 of this Standard to all seafarers ordinarily resident in its territory. This provision therefore does not limit this responsibility to agreements concluded with a Belgian shipowner or employer, as section 30 of the Act of 3 June 2007 appears to indicate. The Committee requests the Government to adopt the necessary measures in order to extend the protection provided under Standard A4.5, paragraph 3, to all seafarers ordinarily resident in its territory and who work on board foreign-flagged ships.

In its previous comment, the Committee also noted that the collective agreement of 3 August 2012 concerning the working conditions of seafarers not registered with the Belgian pool who are employed on merchant ships flying the Belgian flag – which, according to its preamble, concerns seafarers residing outside the European Union – deals with certain social security benefits. The Committee noted that clause 20 of the collective agreement requires the employer to take out adequate insurance to cover in full any unforeseen circumstances arising under the terms of the collective agreement. The Committee asked the Government to indicate the specific risks that must be covered by this insurance and any applicable penalties for non-compliance with this requirement. The Committee notes the Government’s indication that all risks deriving from obligations determined by the collective labour agreement of 3 August 2012 are insured. The Committee notes the Government’s explanation that the collective agreement of 3 August 2012 does not lay down any penalties but that the competent authority must decide them if necessary. The Committee requests the Government to indicate all the measures taken or contemplated that seek to provide social benefits to seafarers who do not reside in the national territory, who work on ships flying the national flag and who do not have adequate social security coverage (Standard A4.5, paragraphs 5 and 6; Guideline B4.5, paragraph 5).

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee previously noted that three bodies had been established with competence to implement the requirements of Title 5 of the Convention (follow-up committee, coordination task force and single contact point) through a memorandum of understanding (MoU) concluded pursuant to section 5 of the Act of 13 June 2014 implementing and monitoring the application of the MLC, 2006. It asked the Government to specify the composition of the above-mentioned bodies. The Committee notes the transmission of the MoU, which specifies the composition, tasks and functioning of these three bodies. The Committee notes that clause A.6 of the MoU indicates that the follow-up committee shall evaluate the implementation of the MoU each year. The evaluation shall address any deficiencies recorded, their nature and the measures taken to rectify them. The Committee notes this information, which responds to the point raised previously.

The Committee previously noted that section 5 of the Act of 13 June 2014 states that “in the case of ships flying the Belgian flag, this Act applies only to the seafarers specified in the Act of 3 June 2007 issuing various labour provisions and in its implementing orders, and to seafarers holding a status other than that of employee. The shipowner shall ensure that seafarers with a status other than that of employee enjoy decent working and living conditions equivalent to those established for seafarers with employee status in the national laws and regulations giving effect to the requirements of the MLC, 2006”. The Committee recalled that Regulation 5.1 of the Convention applies to all seafarers working in any capacity on board ships flying the flag of the State concerned, irrespective of their State of residence or their nationality. The Committee asked the Government to indicate the categories of seafarers that are excluded from the scope of application of the Act of 13 June 2014. The Committee notes the Government’s reference to the Royal Order of 7 March 2016 establishing the categories of persons who are not seafarers pursuant to section 28/1 of the Act of 3 June 2007, and notes that no other category of seafarers is excluded from the scope of application of the Act of 13 June 2014. The Committee notes this information, which responds to the point raised previously.

Regulation 5.1.2 and the Code. Flag State responsibilities. Authorization of recognized organizations. The Committee previously noted that under section 3(4) of the Royal Order of 13 March 2011 setting common rules and standards for ship inspection organizations and for the relevant activities of maritime administrations, inspection and certification activities may be delegated to bodies approved by a decision of the competent minister. The Committee asked the Government to provide further information on any such delegation granted. The Committee notes that the Government has provided an example of a contract for the delegation of tasks relating to the renewal of ships’ certificates and also a document entitled “The Work Matrix” (version 7), which describes the conditions in which recognized organizations perform their tasks. The Committee notes this information, which responds to the point raised previously.

Regulation 5.1.3 and the Code. Flag State responsibilities. Maritime Labour Certificate and DMLC. The Committee recalls that Regulation 5.1.3, paragraph 6, provides that where the competent authority of the Member or a recognized organization duly authorized for this purpose has ascertained through inspection that a ship that flies the Member’s flag meets or continues to meet the standards of this Convention, it shall issue or renew a Maritime Labour Certificate to that effect and maintain a publicly available record of that certificate. The Committee requests the Government to indicate the provisions ensuring that the record of the Maritime Labour Certificate is indeed publicly available.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee takes note of the Government’s first report on the application of the Maritime Labour Convention, 2006 (MLC, 2006). It notes that the Government previously ratified 20 Conventions and one Protocol on maritime labour, which were denounced following the entry into force of the Convention. The Committee notes the efforts made to implement the Convention through the adoption of several legislative and regulatory texts. Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Paragraphs 1(f), 2 and 3 of Article II of the Convention. Scope of application. Seafarers or mariners (“marins”). The Committee notes that the national legislation organizes the protection of seafarers, within the meaning of the Convention, through a number of regimes established in laws and agreements. Accordingly, seafarers with a status other than that of employee are not covered by the Act of 3 June 2007 setting forth various provisions pertaining to labour or by its implementing orders. However, one title of the Act, on seafarers’ agreements, contains provisions on living and working conditions on board ships and these are relevant to the Convention. Among seafarers with employee status, some of those employed on dredgers appear to be covered not by the Act of 3 June 2007 but by the Labour Act of 16 March 1971. Furthermore, the collective agreements to which the Government refers in its report differ according to whether or not the seafarers are registered with the merchant navy pool or whether they work on board seagoing ships operating in the shortsea area. The Committee recalls that the Convention – which makes no distinction between “seafarers” and “mariners” – applies to all seafarers (paragraph 2 of Article II), who are defined as “any person who is employed or engaged or works in any capacity on board a ship to which this Convention applies”. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is guaranteed to all seafarers within the meaning of the Convention.

As to the maritime authorities’ competence, in the event of doubt, to determine whether certain persons belong to the category of “mariners” or that of “seafarers”, the Committee notes that, according to the Government, section 28/1 of the Act of 3 June 2007 allows the King to establish, after consultation of the relevant joint committee, the categories of persons who are not mariners. The Committee also notes that the same section provides that, in case of doubt, on whether certain persons belong to the category of “mariners”, the issue is decided by the General Directorate of Maritime Transport, after consultation with the relevant joint committee. The Committee requests the Government to indicate whether decisions have been taken regarding the determination of categories of seafarers who are not regarded as mariners within the meaning of the national legislation.

Regulation 1.1 and Standard A1.1. Minimum age. The Committee notes that the Government indicates that the dredging sector is covered by the Labour Act of 16 March 1971, which defines the notion of “night” as the period between 8 p.m. and 6 a.m. Section 34bis of the Act provides that for “young workers over 16 years of age the limits set are 10 p.m. and 6 a.m. or 11 p.m. and 7 a.m. in the case of: (1) work the performance of which, by reason of its nature, cannot be interrupted; (2) work organized in shifts”. The Committee recalls that paragraph 2 of Standard A1.1 of the Convention requires that the term “night” “shall cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m.”. However, the periods referred to in section 34bis cover a period of only eight consecutive hours. The Committee requests the Government to indicate the measures ensuring that young seafarers employed on dredgers are afforded the protection required by Standard A1.1. The Committee further notes that in connection with the determination of the types of work likely to jeopardize the health or safety of seafarers under 18 years of age (paragraph 4 of Standard A1.1), the Government refers to a Royal Order of 3 May 1999 on the protection of young persons at work. The Committee observes that this order contains no provisions that deal expressly with work on board seagoing ships. The Committee requests the Government to indicate the measures taken or envisaged to adopt a list of the types of work that are liable to jeopardize the health or safety of seafarers under the age of 18 and, if appropriate, to indicate whether the joint committee for the merchant navy was consulted in this connection.

Regulation 1.2 and the Code. Medical certificate. The Committee notes that the Government refers to the Royal Order of 20 July 1973 issuing regulations on maritime inspection but that it has not provided a copy. The Committee requests the Government to send an up-to-date copy of the Royal Order of 20 July 1973 issuing regulations on maritime inspection.

Regulation 1.4 and the Code. Recruitment and placement. The Committee notes that the Government indicates that no public or private services for the placement of seafarers operate in its territory. The Committee nonetheless notes that there are several national regulations which govern placement activities by both public institutions and private employment agencies, without excluding seafarer placement activities by these institutions or agencies. The Committee recalls that the Convention requires placement services operating in the national territory to comply with the provisions of Standard A1.4. The Committee emphasises that paragraph 5(vi) of Standard A1.4 requires private recruitment and placement agencies to establish a system of protection, by way of insurance or an equivalent appropriate measure, to compensate seafarers for monetary loss that they may incur as a result of the failure of such services or of the shipowner to meet their obligations. The Committee requests the Government to indicate the provisions that implement Standard A1.4.

The Committee recalls that in its previous comments on the application by Belgium of the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) it requested the Government to provide information on current procedures for dealing with complaints – other than on-board complaints – pertaining to the engagement of seafarers on ships registered in Belgium. It notes in this connection the adoption of a memorandum of understanding, pursuant to section 45 of the Act of 13 June 2014 to implement and monitor the application of the MLC, 2006, which determines the composition, duties and functioning of a body, the “Single Point of Contact”, which hears complaints and concerns about working conditions on ships flying the Belgian flag. The Committee requests the Government to indicate whether the abovementioned body has authority to deal with complaints concerning the activities of seafarer recruitment and placement agencies, in accordance with paragraph 7 of Standard A1.4.

Regulation 2.1 and the Code. Seafarers’ employment agreements. The Committee emphasizes that according to paragraph 1(e) of Standard A2.1, seafarers shall be given a document containing a record of their employment on board the ship. The Committee notes that section 52 of the Act of 3 June 2007 provides that “when the employment agreement ends, the employer shall give the seafarer all the social documents and a certificate recording only the date of the beginning and the end of the agreement, and the nature of the work. The certificate may contain no other entries, except at the express request of the seafarer.” The Committee notes that the Government has provided a document entitled “Certificate of service”, which has a field headed “Remarks” without specifying that it shall not contain any statement as to the quality of the seafarers work. The Committee draws the Governments attention to paragraph 3 of Standard A2.1, which specifies that this document “shall not contain any statement as to the quality of the seafarers’ work or as to their wages”. The Committee requests the Government to indicate the measures taken or envisaged to ensure that seafarers are given a document containing a record of their employment on board the ship, in accordance with paragraph 3 of Standard A2.1 of the Convention.

The Committee takes note of section 34 of the Act of 3 June 2007, which establishes the minimum content of the seafarer’s employment agreement in accordance with the prescriptions of paragraph 4 of Standard A2.1. It requests the Government to provide a sample of a seafarer’s employment agreement in English.

Regulation 2.3 and the Code. Hours of work and hours of rest. The Committee notes that section 10/1(2) of the Royal Order of 24 May 2006 on seafarers’ certificates of proficiency reproduces the content of paragraph 5 of Standard A2.3, by specifying that the limits on hours or work or rest shall be established in reference to maximum duration of work or in reference to minimum duration of rest. The Committee recalls that paragraph 2 of Standard A2.3, requires Members to fix either a maximum number of hours of work which shall not be exceeded in a given period of time, or a minimum number of hours of rest which shall be provided in a given period of time. The first option is more favourable for the seafarer than the second. The Government indicates in its report that “both options are possible. As a rule shipowners opt for minimum hours of rest”. The Committee requests the Government to take the necessary measures to establish either a maximum number of hours of work not to be exceeded in a given period, or a minimum number of hours of rest to be granted in a given period (paragraphs 2 and 5 of Standard A2.3).

In its previous comments under the Seafarers’ Hours of Work and the Manning of Ships Convention, 1996 (No. 180), the Committee noted with interest that according to clause 14 of the collective labour agreement of 1 February 2006 for masters and officers registered in the Belgian pool of merchant navy seafarers employed by a Belgian company, as amended by the collective agreement of 2 September 2009, a period of actual work performed immediately before or after a safety watch, calculated on the basis of actual duration, may not exceed 14 hours in any 24-hour period, and not 16 hours in any 24-hour period as was previously the case. It further noted that under the terms of this section, “safety watches” are understood to mean a period of compulsory presence on board attaining a maximum of 12 hours and not involving any actual work with the exception, however, of surveillance and activities relating to the safety of the ship and the crew, the cargo and the protection of the environment. The Committee again requests the Government to provide further information on the performance of safety watches and in particular to indicate whether the surveillance and other activities referred to in clause 14 above are carried out on an ad hoc or a permanent basis during safety watches, and whether seafarers have rest periods during safety watches.

The Committee further noted in its comments on Convention No. 180 that under the terms of clause 6 of the collective labour agreement of 14 December 2005, in the case of seafarers registered in the pool of seafarers and employed on board shortsea ships flying the Belgian flag, the master retains the right to order at any time work relating to, inter alia, fire drills, lifeboat drills and any similar exercise prescribed by international agreements. The Committee draws the Government’s attention to the fact that paragraph 7 of Standard A2.3 requires such exercises to be conducted in a manner that minimizes the disturbance of rest periods and does not induce fatigue. The Committee requests the Government to indicate the measures taken to ensure observance of this provision.

The Committee also noted previously that clauses 14 and 15 of the collective agreement of 1 February 2006 do not establish the requirement of compensatory rest prescribed by paragraph 8 of Standard A2.3 in the event of actual work during an on-call period. The Committee again requests the Government to take appropriate measures to ensure compensatory rest for seafarers who are on call when the normal period of rest is disturbed by call-outs.

Regulation 2.4 and the Code. Entitlement to leave. The Committee notes that, according to the Government, leave entitlement for seafarers not registered in the pool is 18 days of leave in a 30-day period of work. The Committee notes that the applicable collective agreement of 3 August 2012 defines entitlement to leave in reference to a scale set out in an appendix. However, there is no indication as to whether the figures in this table refer to the number of days’ leave for each month worked or for each year worked, cadets having 18 days whereas the ship’s master has 171 days. The Committee requests the Government to indicate exactly how entitlement to leave is determined for seafarers who are not registered in the pool and who sail on ships flying the Belgian flag.

The Committee notes that, on the matter of shore leave granted to seafarers (paragraph 2 of Regulation 2.4), the Government refers to the entitlement to time off granted to seafarers in certain circumstances (marriage, death …). The Committee recalls that shore leave is granted to seafarers in order to benefit their health and well-being and in particular so that they can take advantage of recreational services and facilities in ports of call. If shore leave is subject to authorization from the ship’s master, the latter may not be restricted to the circumstances referred to by the Government. The Committee requests the Government to indicate the arrangements taken or envisaged to ensure that seafarers are granted shore leave in accordance with paragraph 2 of Regulation 2.4.

Regulation 2.5 and the Code. Repatriation. The Committee recalls that paragraph 2 of Regulation 2.5 requires that ships flying the national flag provide financial security to ensure that seafarers are duly repatriated in accordance with the Code. The Committee notes that, according to the Government, the Royal Belgian Shipowners’ Association ensures that its members guarantee the repatriation of seafarers in accordance with the conditions prescribed by law and collective agreements. The Committee requests the Government to indicate the provisions that require the provision of financial security.

Regulation 3.1 and the Code. Accommodation and recreational facilities. In its previous comments on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), the Committee noted that, following the ratification of the Protocol of 1996 to Convention No. 147, the Government is required to ensure that the provisions of its national legislation are substantially equivalent to those of the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), which it has not ratified. The Committee points out that for ships built before the entry into force of the MLC, 2006, the prescriptions for the construction and equipment of ships set forth in the Accommodation of Crews Convention (Revised), 1949 (No. 92) and Convention No. 133 shall continue to apply to the extent that they were applicable prior to that date, under the law or practice of the Member concerned (paragraph 2 of Regulation 3.1). The Committee notes that under the Act of 13 June 2014 to implement and monitor the application of the MLC, 2006, ships built before the entry into force of the Convention in Belgium are subject only to the prescriptions on the construction and equipment of ships set forth in Convention No. 92. The Committee requests the Government to indicate the measures taken to ensure compliance with the prescriptions of the Accommodation of Crews (Supplementary Provisions) Convention, 1970 (No. 133), in respect of ships built before the entry into force of the MLC, 2006.

The Committee notes that on 30 September 2014 Belgium adopted a Royal Order amending several orders to implement the Convention and give effect to an agreement concerning the Convention concluded on 19 March 2008 by the European Community Shipowners’ Associations (ECSA) and the European Transport Workers’ Federation (ETF). It amends the Royal Order of 20 July 1973 regulating maritime inspection, particularly its Appendix XIV, which deals with issues relating to accommodation on board and to which the Government refers in its report. The Committee requests the Government to provide an up-to-date copy of Appendix XIV of the Royal Order of 20 July 1973.

The Committee notes that, according to the Government, no exemptions or derogations have been granted with respect to the implementation of Standard A3.1 on the basis of paragraphs 20 and 21. The Committee notes, however, that sections 13 and 15 of the Royal Order of 30 September 2014 refer to permissible exemptions and derogations. It further notes that in its report the Government states that a follow-up committee has been established at national level, whose mandate includes issuing an opinion on the feasibility of derogations from the prescriptions of Standard A3.1. The Committee requests the Government to indicate the decisions, either adopted or under preparation, which would constitute exemptions or derogations from the application of Standard A3.1.

Regulation 4.1 and the Code. Medical care on board ship and ashore. The Committee recalls that under the Convention, ships which do not carry a medical doctor shall be required to have a seafarer on board who is in charge of medical care and administering medication as part of their regular duties or at least one seafarer competent to provide medical first aid. The Convention specifies that seafarers in charge of medical care on board who are not medical doctors shall have satisfactorily completed training in medical care that meets the requirements of the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, 1978 (STCW). The same applies to seafarers in charge of providing medical first aid (paragraph 4(c) of Standard A4.1). The Committee notes that the two royal orders referred to by the Government in its report – the Royal Order of 7 January 1998 on medical assistance on board (section 5 and Appendix V) and the Royal Order of 15 December 2010 on first aid provided to workers who suffer an accident or who are unwell (section 9 et seq., and Appendix) – do not specify the level of training required for seafarers who are not medical doctors and who are in charge of providing medical care or medical first aid, nor do they establish the conformity of such training with the provisions of the STCW. The Committee requests the Government to indicate relevant measures that have been adopted to meet the requirements of paragraph 4(c) of Standard A4.1.

The Committee notes that section 6 of the Royal Order of 7 January 1998 on medical assistance on board ships provides that the Minister designates the medical centres and doctors authorized to provide workers with radio medical assistance free of charge. At least two of the doctors called on to provide their services as part of the radio medical assistance afforded by these centres must have received instruction on the special conditions prevailing on board ships. The Committee recalls that such assistance must be provided for all ships irrespective of the flag they fly (paragraph 4(d) of Standard A4.1). The Committee requests the Government to indicate whether such assistance is actually provided free of charge to all ships irrespective of the flag they fly, and whether special conditions have been set for recourse to such assistance by ships that do not fly the Belgian flag.

Regulation 4.2 and the Code. Shipowners’ liability. In its earlier comments on the application of the Shipowners’ Liability (Sick and Injured Seamen) Convention, 1936 (No. 55), the Committee noted that under section 65 of the Act of 3 June 2007, the assistance due from shipowners in the event of illness or accident covers only medical treatment and the provision of medicines and other therapeutical appliances, and that board and lodging expenses appear to be borne by the shipowner only in the event of repatriation. The Committee recalls in this connection that paragraph 1(c) of Standard A4.2 of the MLC, 2006, provides that shipowners shall be liable for the expense of board and lodging away from home until the sick or injured seafarer has recovered or until the sickness or incapacity has been declared of a permanent character. It further noted that these costs too appeared not to be covered by the social security scheme applying to merchant navy seafarers. The Committee again asks the Government to provide information on the measures taken to ensure that shipowners bear the costs of board and lodging for seafarers suffering accident or illness when they are not repatriated, if it is indeed the case that such costs are not covered by the applicable social security scheme.

The Committee also recalls that in the same previous comments, it noted that the Act of 3 June 2007 does not provide for the shipowner to bear the cost of burial expenses. The Committee emphasizes that paragraph 1(d) of Standard A4.2 makes the shipowner liable to pay the cost of burial expenses as well in the case of death occurring on board or ashore during the period of engagement, while paragraph 6 of Standard A4.2 allows an exemption for the shipowner if such liability is assumed by the public authorities. Consequently, the Committee again asks the Government to indicate the measures adopted or envisaged to give effect to the requirements of paragraphs 1(d) and 6 of Standard A4.2.

The Committee notes that under the Convention, it is permissible to limit to 16 weeks from the day of the injury or the commencement of the sickness, the shipowner’s liability to defray the expense of medical care and other expenses incurred by injury or sickness and to pay wages, in respect of a seafarer no longer on board (paragraphs 2 and 4 of Standard A4.2). The Committee notes, however, that sections 65 and 66 of the Act of 3 June 2007 continue to include the end of the voyage or the actual repatriation of the seafarer as limitations to the shipowner’s liability. The Committee requests the Government to indicate the measures adopted or envisaged to provide seafarers working on board Belgian-flagged ships with protection that meets the requirements of paragraphs 2 and 4 of Standard A4.2.

The Committee recalls that the Convention allows national laws or regulations to exempt the shipowner from all liability where the injury or sickness is due to the wilful misconduct of the sick, injured or deceased seafarer (paragraph 5(b) of Standard A4.2). The Committee notes that in its report, the Government indicates that an employer that has paid the requisite remuneration or a share in medical or travel expenses may recover these costs from the seafarer or the seafarer’s dependants if it demonstrates that the illness or accident is due solely to serious misconduct on the part of the seafarer. The Committee requests the Government to indicate whether this serious misconduct must also be wilful, as provided in the Convention.

As regards the financial security that shipowners are required to provide in order to assure compensation in the event of the death or long-term disability of seafarers due to an occupational injury, illness or hazard (paragraph 1(b) of Standard A4.2), the Committee notes that, for the merchant navy sector, the Government refers to the Royal Order of 24 October 1936 amending and coordinating the regulations of the Seafarers’ Relief and Provident Fund and, for the dredging sector, to the Act of 17 July 1963 on overseas social security. The Committee notes that these texts organize coverage in the event of death or long-term incapacity in the form of a contributory social security scheme, but do not establish that the cover provides all seafarers, within the meaning of the Convention, with the protection required by paragraph 1(b) of Standard A4.2. The Committee request the Government to provide detailed information on the type of financial security that shipowners are required to provide pursuant to the applicable provisions and to specify whether these provisions cover all seafarers within the meaning of the Convention.

As regards the safeguarding of property left on board by sick, injured or deceased seafarers, the Committee notes that neither the Act of 3 June 2007 nor the applicable collective agreements establish an obligation to return the property to the seafarers or to their next of kin (paragraph 7 of Standard A4.2). The Committee requests the Government to indicate the provisions adopted or envisaged to ensure compliance with paragraph 7 of Standard A4.2.

Regulation 4.3 and the Code. Health and safety protection and accident prevention. The Committee notes that the Government indicates that implementation of the prescriptions of Regulation 4.3 is ensured mainly through the provisions of the Act of 3 June 2007, the Act of 4 August 1996 on the welfare of workers in the performance of their work and the International Safety Management Code (ISM Code), pursuant to Regulation (EC) No. 336/2006 of 15 February 2006 on the implementation of the International Safety Management Code within the Community. The Committee notes that the Act of 4 August 1996 applies to employers and workers and to categories of persons treated as workers (section 2(1) and (2)), and that the King may order that all or part of the provisions of the Act and its implementing orders shall apply to other persons in the workplaces covered by the Act and its implementing orders (section 2(3)). The Committee emphasizes that this Act does not expressly provide that seafarers and mariners fall within its scope. The Committee requests the Government to specify the categories of seafarers that fall within the scope of the Act of 4 August 1996. The Committee also requests the Government to provide detailed information on national guidelines pertaining to the management of occupational safety and health on board ships flying the Belgian flag that have been promulgated or that are being developed (paragraph 2 of Regulation 4.3) and on policies and programmes on occupational safety and health on board ships that have been adopted and are being effectively implemented at national level (paragraph 1(a) of Standard A4.3).

The Committee notes that the collective agreement of 8 May 2003 for junior seafarers registered with the Belgian pool of merchant navy seafarers employed by a Belgian company refers in clause 29(5) to an “advisory committee on safety and health”, which has authority to examine the nature and gravity of occupational accidents on board ships, to explore possible preventive measures and to provide advice and present proposals to competent bodies, organizations and institutions and shipowners in connection with the health and safety of crews. The Committee recalls that paragraph 3 of Standard A4.3 requires member States regularly to review the laws and regulations and other measures referred to, in consultation with the representatives of the shipowners’ and seafarers’ organizations and, if necessary, revise them to take account of changes in technology and research and of the need to improve them continuously. The Committee requests the Government to indicate whether the safety and hygiene advisory committee has actually been instituted and, if not, to specify the framework in which such regular review takes place.

Regulation 4.5 of the Code. Social security. The Committee notes that, in accordance with paragraphs 2 and 10 of Standard A4.5, the Government specifies the following branches of social security: medical care; unemployment benefit; old-age benefit; occupational accident or disease benefit; family benefit; maternity benefit; invalidity benefit; and survivors’ benefit. The Committee notes the information supplied by the Government on the benefits provided to seafarers residing in Belgium, in respect of social security protection supplementary to that specified in Regulations 4.1 and 4.2 of the MLC, 2006. It notes that access to such benefits is ensured through membership of the national social security scheme, pursuant to sections 2, 2bis and 2ter of the Legislative Order of 7 February 1945 on the social security of merchant navy seafarers. The Committee requests the Government to provide specific information on the different categories of seafarers who are effectively allowed to join this social security scheme.

The Committee notes that the collective agreement of 3 August 2012 on the working conditions of seafarers who are not registered on the pool list and who work on board merchant ships flying the Belgian flag, which, according to its preamble, concerns seafarers residing outside the European Union, addresses certain social security benefits such as widow’s or survivor’s benefits (clause 17) or invalidity benefit (clause 19). The Committee notes that, according to the Government, the shipowner must notify to the Seafarers’ Relief and Provident Fund, at the same time as the declaration, the name of the ship and the names of the crew members who are insured in their country of origin, and must also provide all the particulars and data needed to enable the Fund to satisfy itself that the seafarers in question are duly insured. The Committee notes that clause 20 of the collective agreement requires the employer to take out adequate insurance to cover in full any unforeseen circumstances arising under the clauses of the collective agreement. The Committee requests the Government to indicate the specific risks that must be covered by this insurance and any applicable penalties for non-compliance with this requirement.

Regulation 5.1.1 and the Code. Flag State responsibilities. General principles. The Committee notes the information supplied by the Government in its report to the effect that three bodies have been established with competence to implement the prescriptions of Title 5 of the Convention, by means of a memorandum of understanding concluded pursuant to section 45 of the Act of 13 June 2014 to implement and monitor application of the Convention. The Committee requests the Government to specify the composition of the three bodies – the follow-up committee, the coordination task force and the single contact point – and to provide a copy of the memorandum of understanding.

The Committee notes that section 5 of the Act of 13 June 2014 states that “in the case of ships flying the Belgian flag, this Act applies only to the seafarers specified in the Act of 3 June 2007 setting forth various provisions on labour and in its implementing orders, and to seafarers holding a status other than that of employee. The shipowner shall ensure that seafarers with a status other than that of employee enjoy decent working and living conditions equivalent to those established for seafarers with employee status in the national laws and regulations giving effect to the prescriptions of the MLC, 2006.” The Committee recalls that Regulation 5.1 of the Convention, in that it determines the responsibilities of the flag State, applies to all seafarers working in any capacity on board ships flying the flag of the State concerned, irrespective of their State of residence or their nationality. The Committee requests the Government to indicate the categories of seafarers that are excluded from the scope of application of the Act of 13 June 2014 to implement and monitor application of the Convention.

Regulation 5.1.2 and the Code. Responsibilities of the flag State. Authorization of recognized organizations. The Committee notes that according to section 3(4) of the Royal Order of 13 March 2011 setting common rules and standards for ship inspection and survey organizations and for the relevant activities of maritime administrations, inspection and certification activities may be delegated to bodies approved by a decision of the competent Minister. The Committee requests the Government to indicate whether there has been any such delegation.

[The Government is asked to reply in detail to the present comments in 2017.]