Flemish Shipping Decree entered into force
On 1 June 2022, the brand new Flemish Shipping Decree entered into force. The Decree contains a general regulatory framework for inland waterways and shipping in Flanders. The elaboration of more detailed rules is left to the Flemish Government and, where possible, to “De Vlaamse Waterweg NV” and the Port Authorities. The tasks of the waterway manager as provided for in the decree of 2 April 2004 on the public agency De Vlaamse Waterweg nv are not affected. This decree contains a brief summary of the tasks, which are given a more extensive basis in the present decree.
It regulates, among other things, the police rules regarding traffic on the waterways, the transport of dangerous goods on the inland waterways and the rules regarding the safety of inland vessels and inland vessels that are also used for non-international journeys at sea (including the manning rules). The decree further addresses the enforcement on and around waterways, and the clearing of stranded or sunken ships or obstacles (which has been subject to discussion over the last decade) and it establishes an Investigation Authority for Shipping Accidents and Incidents on Inland Waterways. The Decree hereby (partially) implements the EU Directive 2009/18/EC of 23 April 2009 establishing the fundamental principles governing the investigation of accidents in the maritime transport sector and amending Directive 1999/35/EC
Finally, we note that the government has used the Shipping Decree to limit and exonerate the liability of the regional and local authorities to a very large extent.
Thus, article 7 of the Decree stipulates that the government cannot be held liable for a "deficient object" in case of the presence of objects and deviations from the established or customary navigation possibilities in a waterway as a result of "natural processes". For example, if an inland vessel should be damaged because of unexpected objects on the bottom of the waterway, the Government may no longer be held liable for this, if the object has come there by a "natural process". Of course, we expect heated controversy on this subject.
In addition, as per article 10 of the Decree, the government limits its own liability according to the type of waterway on which the damage-causing event occurred.
The limitation amounts are the following:
Type I 50.000,00 EUR
Type II 81.250,00 EUR
Type III 125.000,00 EUR
Type IV 187.500,00 EUR
Type Va 375.000,00 EUR
Type Vb 400.000,00 EUR
Type Via 750.000,00 EUR
Type VIb 1.500.000,00 EUR
Type Vic 2.250.000,00 EUR
Type VII 3.375.000,00 EUR
It is doubtful whether the Flemish Government was competent to grant itself these far-reaching exonerations and limitations of liability.
You can find the Decree via the following link.
