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

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Article 6 of the Convention. Minimum age. The Committee notes the adoption of the Royal Order of 13 November 2009 on competency certificates for maritime fishing navigation. It notes that, under the terms of Rules 2, 4 and 5 of Annex I of the Royal Order, the minimum age to obtain the competency certificates for a mate and an engineer is set at 18 years. It also understands that, under the terms of Rules 1 and 3 of the Annex, the minimum age required to obtain a certificate of competency for a skipper is 19 years. The Committee recalls that Article 6 of the Convention establishes a minimum age of 20 years for the issue of a certificate of competency for a skipper, 19 years in the case of a mate and 20 years in the case of an engineer. The Committee also observes that the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation, which was applicable previously, established the minimum age for the issue of a certificate of competency for a skipper at 21 years and was therefore in conformity with the Convention on that point. The Committee hopes that the Government will take the necessary measures rapidly with a view to bringing its regulations into harmony with the requirements of the Convention in this respect and requests it to keep the Office informed of any further developments in this regard.

Articles 7, 8 and 9. Minimum experience required. The Committee notes that Rules 2 and 4 of Annex I to the Royal Order of 13 November 2009 establish at 24 months of deck duties the minimum experience required for the issue of a mate’s certificate of competency, while Article 7 of the Convention requires a minimum experience of three years’ sea service engaged in deck duties. It notes that under Rules 1 and 3 of the Annex, to obtain a skipper’s certificate of competency, it is necessary to meet the conditions required for the issue of a mate’s certificate of competency (and therefore to have acquired experience of at least 24 months in deck duties) and to have completed sea service of no less than 12 months as a mate (or as a skipper for the skipper’s certificate for unlimited waters). The Committee concludes that the minimum experience required for the issue of the skipper’s certificate of competency is 36 months, while Article 8 of the Convention provides that the minimum professional experience prescribed by national laws or regulations for the issue of a skipper’s certificate of competency shall not be less than four years’ sea service engaged in deck duties. Finally, with regard to engineers’ certificates of competency, the Committee notes that, in accordance with Rule 5 of the Annex, the minimum experience required is six months’ sea service for the engineer’s certificate 221 kW, 12 months’ service in the engine room for the engineer’s certificate 750 kW, and 12 months’ service in the engine room of a fishing vessel with a propulsion power above 750 kW for the engineer’s competency certificate for unlimited propulsion power. With regard to the latter two categories of certificates, the Committee recalls that Article 9(1) of the Convention requires professional experience of not less than three years’ sea service in the engine room. The Committee requests the Government to take the necessary measures to amend the respective provisions of its regulations so as to ensure full conformity with this Article of the Convention and to keep the Office informed of any progress achieved in that respect.

Article 15. Penalties. The Committee notes that section 179 of the Act of 6 June 2010 issuing the Social Penal Code establishes penalties against shipowners who, in violation of the applicable legislation, employ as a member of the crew under maritime fishing articles of agreement fishers who have not been approved, and that the requirements for approval determined by the Royal Order of 17 February 2005 include the issue of the required competency certificates for sea service. The Committee requests the Government to indicate whether other legal provisions determine the penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate.