Practical implementation: non-convention ships
Practical implementation of the inspection policy for non-convention ships
Ships
Non-convention ships include non-self-propelled barges and ships with a gross tonnage of less than 500 flying the Belgian flag, excluding fishing vessels and pleasure craft.
These ships must comply with the rules laid down by the Belgian Maritime Inspectorate pursuant to international, European and national legislation, in particular the Royal Decree of 20 July 1973 on the maritime inspection regulation, as amended.
Due to the wide variety of non-self-propelled barges, they are evaluated against this legislation on a case-by-case basis.
The following paragraphs set out the inspection policy for ships with a gross tonnage of less than 500 flying the Belgian flag, excluding non-self-propelled barges.
IACS 99 and Belgian specific requirements
The ships referred to above must comply with recommendation number 99 issued by the International Association of Classification Societies (IACS 99). These “Recommendations for the safety of cargo vessels of less than convention size” are supplemented (or replaced where explicitly stated) by the Belgian specific requirements and interpretations as set out in the document “IACS 99 - Belgian specific requirements and interpretations”.
The table of contents of both documents is the same until chapter 9 which lists additional mandatory Belgian requirements.
Inspection policy
The Belgian Maritime Inspectorate ensures that the legal requirements regarding the inspection and survey of seagoing ships and the issue of statutory certificates are properly complied with.
These ships are inspected annually. Inspection on board focuses mainly on safeguarding the environment and the safety of the crew and ship. The shipowner must invite the Belgian Maritime Inspectorate for each inspection. If ships are located in Belgium, the Netherlands or France, the inspection is conducted by the Belgian Maritime Inspectorate. Every ship is inspected at least twice by the Belgian Maritime Inspectorate itself within a five-year period, regardless of where it is located. The Belgian Maritime Inspectorate may decide to give delegation to a recognised organisation authorised by Belgium.
Since 1 April 2020, the Maritime Inspectorate inspects these ships for the requirements of IACS 99 and the associated Belgian specific requirements and interpretations.
In case an inspection is conducted by a recognised organisation, the inspection report of the recognised organisation must clearly state that this inspection is also based on the Belgian specific requirements and interpretations.
Certificate of Seaworthiness
A certificate of seaworthiness or COS is a document issued by the Maritime Inspectorate after a technical inspection of the ship if the ship is in a state of safety. The certificate establishes that the ship complies in all parts with international, European and national legislation applicable to the ship and thus holds all required international and national certificates.
The validity period of the COS is one year for these ships. The COS is no longer valid if the validity period has expired, if one or more required (inter)national certificates are no longer valid or if the ship is found to no longer be in a state of safety.
Exemption Certificate
Sometimes it is not possible for a ship to comply with a certain legal requirement. In such a case, a request for exemption must be submitted. Such a request is addressed to the Maritime Inspectorate and must be justified.
Once received, requests are examined on a case-by-case basis. If there are clear grounds for the exemption and if there is no danger to ship, crew or the environment, it can be granted. This is confirmed in an official certificate, called the exemption certificate. Reference to this exemption certificate shall be made on the certificate of seaworthiness.
Procedure for newbuilds and flagging in
Those wishing to build a new ship can request the specific procedure from the Maritime Inspectorate. They are asked to forward available plans, certificates and calculations if they are already available.
Anyone wishing to register an existing ship in Belgium should contact the Maritime Inspectorate in good time. A copy of the certificates issued by the current Flag State and the classification society, as well as the ship's plans, have to be forwarded. Recent reports of inspections and audits by the current Flag State, the classification society and/or Port State Control that may be useful for registration should also be forwarded.
If the ship is more than 15 years old (the delivery date is the reference), a survey always precedes registration. The aim of this survey is to examine the structure of the ship while it is in dry dock.
Contact: Ship.Belflag@mobilit.fgov.be
To register a ship under the Belgian flag and obtain a certificate of registry, the ship must have a real link to Belgium. Please contact the Belgian Ship Registry to check whether this requirement has been met.
Contact
For sending plans:
Federal Public Service Mobility and Transport
Maritime Inspectorate – Flag State
Natiënkaai 5
8400 Oostende
CONTACT
Preferably by email: Ship.Belflag@mobilit.fgov.be
By phone: + 32 (0)2 277 42 50 (secretarial office Flag State)