Board for Maritime Investigation, G. v Belgium, Nr. 3109, 3 June 2025
Following severe budget cuts, the Belgian Ministry of Defence could only provide the Belgian State-owned oceanographic vessel RV Belgica with three military crew members. To operate the vessel – which sails under a Belgian flag and under Navy operational command – a public tender was awarded to a French operator (G), which assumed responsibility for management and crewing. Following complaints about labour conditions, Belgian authorities identified serious breaches of the 2006 Maritime Labour Convention (MLC), revoked the vessel’s MLC certificate and eventually prohibited the vessel from sailing on 27 June 2024.
G. challenged this decision, arguing that the Belgica fell outside the MLC’s scope as a naval auxiliary and therefore benefited from the exemption in MLC art. II(4). Observing that the vessel could not meet the definition of a warship under art. 29 UNCLOS (given the composition of its crew), the Board rejected this argument and held that, under MLC art. II (5) and art. 4 §3 of the Belgian Law of 13 June 2014, in cases of doubt regarding a vessel’s inclusion, the determination rests with the flag State’s competent authority after consultation with shipowner and seafarer representatives. In casu, the Belgian Directorate-General for Shipping (the competent authority), after consultation with Commission paritaire 316, had validly determined that the vessel fell within the MLC regime, given its predominantly civilian crew and minimal military complement. G., designated as the “shipowner,” was therefore bound by its obligations under the 2006 MLC. The sailing ban was upheld and the appeal dismissed.