(Semi-)autonomous ships

Applying for a navigation permit for unmanned ships

The Royal Decree (RD) on unmanned navigation in Belgian maritime zones was published on 16 June 2021. It is now mandatory to apply for a navigation permit for any unmanned ship operating in Belgian maritime zones and to register that ship.

Applications for a navigation permit are assessed by the minister in charge of maritime mobility, based on an opinion from DG Shipping after submission of a project-specific technical file. Depending on the specified sailing area, a project may be subject to additional conditions imposed by the regional authorities.

The central contact point of DG Shipping for all queries and communications regarding unmanned navigation is mass@mobilit.fgov.be.

Scope

The term ‘unmanned ship’[1] is defined in the RD and covers all types of seagoing ships, including submersibles, pleasure craft, USVs, drones, manned and unmanned seagoing ships with automated navigation functions and test ships. No distinction is made between a Belgian seagoing ship and a foreign seagoing ship.

The RD applies to all operations of an unmanned ship in Belgian maritime zones, including international voyages. The term ‘Belgian maritime zones’ means the territorial waters and the Exclusive Economic Zone (EEZ). Operations include trials and the commercial and non-commercial use of unmanned ships.

DG Shipping plays an active role in facilitating international projects by collaborating with other coastal States. One example is the Memorandum of Understanding on cooperation regarding the international operation of Maritime Autonomous Surface Ships (MASS).

Applying for a navigation permit

The applicant for a navigation permit is the person[2] who assumes responsibility in relation to the unmanned ship.

To begin with, the applicant must submit an application form for unmanned navigation. The form has several sections:

• Applicant’s details
• Contact point details
• Mission description
• Sailing area, operation or test area & route
• Data concerning the vessel
• Operation & control

On the basis of an application form, the project is categorised and the content of the technical file is determined.

Technical file

The technical file is aimed at assessing a project in terms of safety and protection of the marine environment. The technical file is compiled by the applicant. After a positive assessment, a navigation permit is issued, allowing the vessel to conduct activities or trials in a certain area, for a certain period of time and under the additional conditions specified in the navigation permit.

There are always four steps in the assessment procedure[3] of the technical file in order to obtain a navigation permit called trial permit. The four steps are: ConOps – Design – Operations – Mission planning. After the ConOps, Design and Operations are completed, the vessel and the associated Remote Operation Centre can be subjected to an inspection to assess compliance.

Depending on the sailing area and the size and specific characteristics of the vessel, the ConOps and the Design are evaluated and controlled by a recognised organisation or by the applicant themself.

The risk assessment based on risk analyses is part of the technical file and is always conducted by a qualified person on behalf of the applicant. The remaining risk is mitigated by elaborating and harmonizing design and operations as much as possible. The first assessment takes place during the design phase, the second one when operations are developed and the third one after the mission planning.

These three separate assessments will also focus on connectivity and cybersecurity.

Direct supervision is the continuous supervision of the unmanned ship, whether in combination with remote control or not, from a suitable manned ship (support ship) in the immediate proximity of the unmanned ship. Direct supervision can make the process easier as certain risks or non-compliances with legislation are overcome by the presence of a support ship.

Navigation permit

A navigation permit is an official permit to conduct the operations described in the permit in the Belgian maritime zones under the conditions specified therein with an unmanned ship.

With a trial permit, an unmanned ship can conduct a trial as described in the navigation permit obtained. A trial permit is always limited in time (maximum 3 months).

Obtaining a mission permit starts with a trial phase. This phase ends with a report and an assessment of the trial by DG Shipping. A decision is made after the assessment, namely:

1. Changes are needed to the ConOps, design, operations and/or mission planning. After a positive assessment of the changes, a new trial permit is issued.
2. The unmanned ship is given a mission permit, allowing the vessel to conduct operations under the specified conditions in a particular sailing area for an extended period of time.
3. The design and/or mission are a serious threat to the safety and/or protection of the marine environment. No new navigation permit is issued.

Each trial or mission ends with an evaluation and reporting including, but not limited to, specifying the distances covered, the duration of unmanned navigation and a summary of the (necessary) human interventions.

Registration

Registration is mandatory for every unmanned ship operating in Belgian maritime zones. An unmanned ship may be registered in a foreign register or in Belgium. The assessment of a foreign register is part of the technical file. There are several options for registration in Belgium, depending on the type of ship and the sailing area. The various shipping registers are:

• Special register of unmanned ships
• Special register of government ships
• Register of seagoing ships
• Register of pleasure craft

For sailing in Belgian maritime zones, registration as an unmanned ship in the register of unmanned ships is sufficient.

For international voyages including Belgian maritime zones, registration in the register of unmanned ships is not sufficient and additional registration is required for seagoing ships for professional use and pleasure craft. Government ships may be voluntarily registered in the special register of government ships.

[1] An unmanned ship is a seagoing ship that can sail partially without human intervention for all or part of its voyage or that can sail with remote control. For the application of that decree, remote control centres are considered an integral part of the unmanned ship. Estuary ships and tethered ROVs are excluded from the definition of ‘seagoing ship’.

[2] Natural or legal person.

[3] The technical file is always assessed taking into account the guidelines of the European Union (EU) and the International Maritime Organisation (IMO), including:

- EU Operational Guidelines for safe, secure and sustainable trials of Maritime Autonomous Surface Ships (MASS),

- MSC.1/Circ.1604: Interim guidelines for MASS trials,

- MSC.1/Circ.1455: Guidelines for the approval of alternatives and equivalents as provided for in various IMO Instruments.