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

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

Previous comment

The Committee notes the reports provided by the Government on the application of Conventions Nos 113, 114, 125 and 126 respecting the fishing sector. In order to provide an overview of matters arising in relation to the application of these Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113) Fishermen ’ s Articles of Agreement Convention, 1959 (No. 114) Accommodation of Crews (Fishermen) Convention, 1966 (No. 126)

The Committee notes the Government’s indication that the national legislation implementing Conventions Nos 113, 114 and 126 has been amended with a view to the transposition of Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the Work in Fishing Convention, 2007 of the International Labour Organisation. The Government adds that the procedure for the ratification of Convention No. 188 is still under way. The Committee takes note of this information.

Fishermen ’ s Competency Certificates Convention, 1966 (No. 125)

Articles 6 to 9 of the Convention. Minimum age and minimum experience required. In reply to its previous comment, the Government refers to the Act of 12 June 2020 on work in fishing, and the two royal orders implementing Council Directive (EU) 2017/159 of 19 December 2016 implementing the Agreement concerning the implementation of the ILO Work in Fishing Convention, 2007 of the International Labour Organisation. The Committee takes note of this information.

Article 15. Penalties. The Committee notes the Act of 25 December 2016 establishing administrative fines applicable in the event of offences under maritime laws, which has been provided by the Government. The Committee notes that the Act does not provide for penalties applicable to persons obtaining by fraud or forged documents an engagement to perform duties requiring certification without holding the requisite certificate. The Committee therefore requests the Government to indicate the national provisions that have been adopted or are envisaged to give effect to Article 15 of the Convention.

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

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

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

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report refers to the adoption of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation and the Royal Order of 12 June 1996 amending the Royal Order of 20 July 1973 issuing regulations on maritime inspection (RIM). The Committee would like to receive further information on the following points.

Article 1 of the Convention. Scope of application. The Committee notes that section 1(3) of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation refers to the definition of “fishing vessel” found in section 1 of the RIM. The Committee asks the Government to communicate a copy of the latter provision as it currently stands.

Article 3. Definitions. The Committee asks the Government to communicate a copy of the legal provisions which contain a definition of the terms “skipper” and “engineer”.

Article 5, paragraph 3. Obligation to carry a certificated engineer. The Committee notes that, under the new section 94, paragraph 5, of the RIM, vessels with an engine power not exceeding 221 kW are required to carry at least one crew member holding an engineer’s certificate for inshore fishing. Moreover, paragraph 6(a) of this provision provides that vessels with an engine power between 221 and 775 kW are required to carry an engineer holding, at the very least, an engineer’s certificate for an engine of 750 kW, if the engine can be controlled from the bridge. Lastly, paragraph 6(b) provides that vessels with an engine power exceeding 750 kW are required to carry one extra engineer and one extra seafarer if the engine can be controlled from the bridge. The Committee asks the Government to indicate whether fishing-vessel owners’ and fishers’ organizations were consulted prior to the establishment of the levels, in terms of engine power, above which fishing vessels are required to carry a certificated engineer, as envisaged in the Convention.

Article 5, paragraph 5. Granting of derogations. The Committee asks the Government to indicate whether the competent national authority may, in individual cases, permit a fishing vessel to put to sea without the full complement of certificated personnel if it is satisfied that no suitable substitutes are available and that, having regard to all the circumstances of the case, it is safe to allow the vessel to put to sea. If so, the Government is requested to communicate a copy of the text that allows such authorization to be issued and to provide information on authorization that has been issued on this basis.

Article 6, paragraph 1. Minimum age. The Committee notes that, under section 7, paragraph 1(1), and section 7, paragraph 2(1), of the Royal Order of 12 June 1996 on the certificates and declarations of service required for maritime fishing navigation (hereafter referred to as the Royal Order of 12 June 1996), the minimum age for obtaining a mate’s certificate is 18 years, whereas the Convention stipulates a minimum age of 19 years. The Committee also notes that, in accordance with section 7, paragraph 6(1), section 7, paragraph 7(1), and section 7, paragraph 8(1), of this Royal Order, the minimum age for obtaining an engineer’s certificate is 18 years, whereas the Convention sets a minimum age of 20 years for the issue of such a certificate. The Committee hopes the Government will take the necessary steps to raise the minimum age required for the issue of mates’ and engineers’ certificates, so as to bring these provisions into line with the Convention.

Article 7. Minimum professional experience required for the issue of a mate’s certificate. The Committee notes that, under section 7, paragraph 1(3), and section 7, paragraph 2(3), of the Royal Order of 12 June 1996, the experience required for the issue of a mate’s certificate is 24 months’ sea service engaged in deck duties, whereas the Convention envisages a minimum experience of three years’ sea service engaged in deck duties. The Committee hopes the Government will take the necessary steps to bring its legislation into line with the provisions of the Convention in this regard.

Article 8, paragraph 1. Minimum professional experience required for the issue of a skipper’s certificate. The Committee notes that, under section 7, paragraph 3(3), of the Royal Order of 12 June 1996, 24 months’ sea service engaged in deck duties is required for the issue of a skipper’s certificate for inshore fishing. Moreover, section 7, paragraph 4(3), requires 12 months’ sea service engaged in deck duties as a certificated mate in inshore fishing to become an inshore fishing skipper; in other words 36 months of deck duties experience (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). Lastly, section 7, paragraph 5(3), provides that, in order to obtain a skipper’s certificate for deep-sea fishing, 12 months’ sea service engaged in deck duties as a certificated mate in deep-sea fishing is required, hence 36 months of deck experience in total (12 months as a certificated mate and the 24 months required for the issue of a mate’s certificate). The Committee draws the Government’s attention to the fact that, pursuant to Article 8, paragraph 1, of the Convention, 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. The Committee hopes the Government will take the necessary steps to amend its legislation so as to bring its requirements relating to professional experience for the issue of a skipper’s certificate into line with those set forth in the Convention.

Article 9, paragraph 1. Minimum professional experience required for the issue of an engineer’s certificate. The Committee notes that section 7, paragraph 8(2), of the Royal Order of 12 June 1996 provides that the minimum amount of experience required for the issue of an engineer’s certificate for fishing shall be 12 months’ sea service in the engine room as a certificated 750 kW engineer (the issue of the 750 kW certificated engineer’s certificate in itself requires 12 months of experience under section 7, paragraph 7(2), of this Royal Order) or 24 months as a trainee engineer. The Committee emphasizes, however, that pursuant to Article 9, paragraph 1, of the Convention, the minimum professional experience prescribed by national laws or regulations for the issue of an engineer’s certificate of competency shall not be less than three years’ sea service in the engine room. The Committee therefore hopes the Government will take the necessary steps to bring its legislation into line with the Convention in respect of the professional experience required for the issue of an engineer’s certificate.

Article 11(b). Knowledge required to obtain an engineer’s certificate. The Committee notes that Annex VI of the Royal Order of 12 June 1996 sets forth the types of knowledge required to obtain an engineer’s certificate for inshore fishing. It also notes, however, that these requirements seem very cursory, unlike the requirements for obtaining a junior engineer’s certificate or a 750 kW engineer’s certificate, which are listed in Annex VII of the same Royal Order. The Committee draws the Government’s attention to the fact that Article 11(b) of the Convention contains a far more substantial list of minimum knowledge requirements for obtaining an engineer’s certificate. The Committee therefore requests the Government to indicate whether any other legislative or regulatory provisions set forth in greater detail the minimum knowledge that a candidate is required to show to obtain an engineer’s certificate for inshore fishing and, if so, to provide a copy thereof.

Article 14 and Part V of the report form. Inspection and enforcement in practice. The Committee requests the Government to provide information on the inspection system which ensures the enforcement of national laws or regulations giving effect to the provisions of this Convention. The Government is requested, in particular, to indicate the cases in which the national authorities may detain vessels registered in its territory on account of a breach of these laws or regulations. The Committee asks the Government to give a general indication of the manner in which the Convention is applied in practice by providing, for example, extracts from inspection service reports, information on the number of different competency certificates issued on average each year, and information on the number and nature of reported infringements and the measures taken as a result.

Article 15. Penalties. The Committee asks the Government to communicate information on the penalties or disciplinary measures prescribed for cases in which the national laws and regulations giving effect to the Convention are not respected.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 6, paragraph 1(b), of the Convention. Further to its previous comments the Committee notes from the Government's most recent report that the candidates to exercise the duties of mate on board all fishing vessels should not only meet all the requirements provided for in section 15 of the Royal Order of 21 May 1958 concerning certificates of competency in merchant shipping, maritime fishing and pleasure craft, but also those of section 1 of the Law of 29 June 1983 regarding school obligations: meeting the requirement of part-time schooling. The fishing skipper candidate, having met all the requirements for the exercise of the duties of mate on board all fishing vessels, would, in practice, be older than 19 years old. The Committee recalls that this Article of the Convention requires the minimum age for the issue of a certificate of competency in the case of a mate to be prescribed by national laws or regulations and hopes that the necessary measures will be taken in due course in this respect.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee has noted the information provided in the Government's most recent report, and especially the adoption of the Royal Orders of 10 January 1986 and 4 September 1986, amending the Royal Order of 21 May 1958 respecting certificates of competency in merchant shipping, maritime fishing and pleasure craft.

Article 6, paragraph 1(b), of the Convention. In its previous comment, the Committee noted that under the amended section 15 of the Royal Order of 21 May 1958, the certificate of fishing skipper candidate creates the right to exercise the duties of mate on board all fishing vessels if the person has reached the age of 18 years and has fulfilled certain sea service requirements. The Committee pointed out that the minimum age prescribed by national law for the issuance of a certificate of competency may not be less than 19 years in the case of a mate. It requested the Government to indicate any measures it envisages to bring the legislation into conformity with this provision of the Convention.

Since the new Orders referred to appear to repeat the previous provision in this respect, the Committee expresses the hope that the Government will indicate in its next report the measures taken or contemplated.