On June 27, 2024, the Belgica was issued a sailing ban by the inspection services of the Belgian Port Authority. Allegedly, there was illegal employment of the crew on the ship; specifically, according to the Belgian Port Authority, the crew should have been employed in accordance with the Maritime Labor Convention (MLC). Prior to that sailing ban, the ship’s operator had already decided to suspend operations due to certain safety hazards on board. This suspension of operations, as well as the sailing ban, led to a number of legal proceedings in 2024.
Resumption of activities
In the meantime, an agreement was reached between the operator and the Belgian State, which led to the resumption of the ship’s operations in March 2026. The outcome is the satisfactory result of, on the one hand, thorough legal proceedings and, on the other hand, intensive negotiations, during which this case was handled at the Elegis office in Antwerp by Jan Delanote, Esq., and a team of dedicated specialists in their respective fields. The solution lay in a comprehensive agreement that addressed and resolved every aspect of the dispute, with all stakeholders—including the Belgian State on the one hand and the private sector (the ship operators) on the other—contributing their part.
Legislation gap
Nevertheless, this case has highlighted a serious gap in Belgian legislation. After all, the Belgica is a government vessel used for non-commercial purposes, specifically as a research vessel. Furthermore, the ship is also a so-called auxiliary vessel of the Navy. Such ships are legally excluded from the application of maritime labor law (MLC). This gap is a very painful reality for Belgian maritime practice, because, moreover, Joint Committee 316 does not cover such ships either.
Review
Ultimately, the parties decided to voluntarily apply maritime labor law. However, the fundamental illegality of this situation must not be overlooked. In the meantime, the Belgian stakeholders have decided to subject the maritime collective bargaining agreements to a review. This is sorely needed and will provide legal certainty for the future in this important sector of Belgian industry.