Judicial prosecution
An official report is drawn up for all violations of the MARPOL regulations. This is passed on to the national judicial authorities when an offense in Belgian territorial waters or Exclusive Economic Zone (EEZ) arises, or through diplomatic channels to the Flag state or one of the neighboring coastal states for violations outside the Belgian marine areas.
Under Belgian law, these official reports are seen as proof until the contrary can be provided subject to respecting a period of 14 days. If this period is not respected, it will become an official report of notification.
Ships responsible for deliberate illegal discharges into the sea expose themselves to very high fines, as laid down by the Belgian Maritime Code of 8 May 2019.
Merchant ship
| THE RESPONSIBLE IS: | FINE (€) |
|---|---|
| the owner, the shipping agent or the manager of the ship (*) | 500.000 – 1.000.000 |
| the captain | 10.000 – 25.000 |
| an officer | 2.000 – 10.000 |
They can be doubled again in the event of a recurrence.
Pleasure boat or fishing boat
| THE RESPONSIBLE IS: | FINE (€) |
|---|---|
| the owner, the shipping agent or the manager of the ship (*) | 10.000 – 25.000 |
| the skipper | 3.000 – 25.000 |
They can be doubled again in the event of a recurrence.
The amounts, which are determined as such by law, must still be increased by so-called "surcharges" in order to arrive at the actual fine amount. The value of the surcharges evolves with time. Nowadays this means that the amounts above must be multiplied by a factor of 8.
The public prosecutor's office can also propose an arrangement, but the amount thereof may in no case be less than one tenth of the minimum fine determined by law plus the surcharges.
Administrative fines
Since 2017, violations of shipping laws, including the Belgian Maritime Code of 8 May 2019, are open to administrative prosecution in addition to the possibility of criminal prosecution. The Administrative Fines Service, within the Directorate-General for Shipping of the Federal Public Service Mobility and Transport, has been designated as the competent authority and is competent for imposing administrative fines.
The minimum and maximum amounts of the administrative fine correspond to the respective amounts, increased by the declarations of the criminal fine, determined in the shipping laws that sanction the same facts. When determining the amount of the administrative fine, the competent authority considers the seriousness of the facts and any repetition. In the event of a repeat within the year following a decision imposing an administrative fine, the amounts can be doubled.