Key Benefits:
Law of 7 July 1988, laying down rules for pilotage
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
All of them, who will see or hear these, saluut! do know:
In this regard, we considered that it would be desirable to terminate the executive tasks of the State in terms of piloting of seagoing vessels and instead to institute a public body for the purpose of appeal, as referred to in Article 1 (1) of the Treaty. Article 134 of the Constitution In so doing, it also provides the basis for the implementation of conventions and decisions of international organizations, including the Directive of the European Parliament and of the Council of the European Parliament, including the rules governing the training of the profession and the power to exercise such an appeal. Council of the European Communities on the piloting of ships by North Sea pilots in the North Sea and in the English Channel ( Pb EG L33/32);
In this way, we, the Council of State, and with the mean consultations of the States-General, have been well-regarded and understood to be right and to be understood by the following:
1 The following shall be understood in this Act and the provisions which are based thereon:
a. Our Minister: Our Minister of Infrastructure and the Environment;
b. looting:
1 °. Registry hangars;
2. the person meeting the requirements relating to training, skills, experience and suitability in accordance with the requirements of Article 5, first paragraph ;
c. corporation: the Dutch lead enchantment, intended in Article 6, first paragraph ;
d. General Council: the general council of the Dutch lead law corporation;
e. Registry: the lead register referred to in Article 21, first paragraph ;
f. registry hangars: the person who is registered in the register;
g. Lead-spindly navigability: the ship's ships, subject to which the master of a ship is required by law, to make use of the services of a pilot;
h. Processing of personal data, responsible or responsible: which is understood by the Personal data protection law ;
i. Consumer and Market Authority: Consumer and Market Authority, mentioned in Article 2, 1st paragraph, of the Incomposition Act Authority of Consumer and Market ;
j. [ Red: Expiring;]
k. work allowance: work allowance for registry pilots, consisting of hourly rates for direct lead hours plus a storage for the indirect hours consisting of indirect tasks, travel hours, waiting hours and availability hours; It is differentiated according to ship classes.
2 The concepts contained in this Act and the provisions relied upon thereto, unless otherwise stated, have the same meaning as in the Maritime Traffic Act .
1 The pilot shall advise the master or the traffic participant on the navigation of the vessel to be carried out. Pilotage may act as a traffic participant in agreement with the master.
2 In so far as the pilot is unable to operate on board the ship to be piloded, it may advise the master or the traffic participant from another ship or from shore, and, as far as he is concerned, by Article 9 Shipping Traffic Act competent, give traffic information. If a pilot is located on board the ship to be piloded, a pilot shall be able to deliver opinions from shore on shore, in so far as it is intended to do so. Article 9 Shipping Traffic Act has jurisdiction, provide traffic information, in the case of reduced visibility, adverse weather conditions or other special circumstances.
3 In order to protect the interests, mentioned in Article 3, first paragraph, of the Maritime Traffic Act , are laid down in or pursuant to general rules of administration, rules which are to be taken into account in respect of and in respect of the exercise of their profession. These rules shall cover, inter alia, the conditions and conditions under which and the places from which the final opinions referred to in the second paragraph may be issued.
The warehouse is, as far as he is acting in the exercise of Article 2 said tasks and powers, only liable for damage caused by him caused by intent or gross misconduct.
1 By or pursuant to Regulation, rules shall be laid down concerning the jurisdiction of the registry warehouse in respect of lead navigable vessels and categories of ships and with respect to the maintenance of the relevant exercise of the profession of registry looting knowledge and skills. This Regulation and the rules to be adopted pursuant to that Regulation need to be approved by our Minister. Approval may be withheld because of conflict with interests mentioned in Article 3, first paragraph, of the Maritime Traffic Act .
2 The person who is not responsible for registration shall be prohibited from providing services such as pilotage or to the following:
a. Sea-going vessels on lead-spindly shipping lanes; and
b. ships which are otherwise required to use the services of a pilot under a statutory scheme.
3 The prohibition referred to in paragraph 2 shall not apply in respect of ships for the operation of lead-spindly ships designated under the conditions of Article 11 (b) of the Maritime Traffic Act In so far as these vessels are sailing on inland waterways.
4 The prohibition laid down in paragraph 2 does not apply to the warehouse which is part of the Belgian pilotage service under the Scheldereglement as such and the warehouse which is part of the German pilotage service under the Treaty between the EEC Treaty and the Kingdom of the Netherlands and the Federal Republic of Germany to regulate cooperation in the Eemsmonding ( Trb. 1960, 69) acts as such.
1 Without prejudice Article 4 , shall be required by or pursuant to general management measures relating to the training, skills, experience and suitability for piloting of ships to waters which are to be designated by general management and in respect of the fishing activities of the Member State concerned. A document to be issued in relation to the professional exercise.
2 The costs and expenses associated with the requirements laid down in or pursuant to paragraph 1 may be charged to the applicant for the examination or document referred to in that measure.
3 The amounts to be reimbursed for the costs referred to in paragraph 2 shall be determined by ministerial order.
4 In order to implement the requirements referred to in paragraph 1, personal data shall be processed in respect of health. The purpose of the data processing operation is to assess whether the suitability for piloting of ships is present or not present. Our Minister is responsible for this processing.
1 The joint pilots 'pilots' pilots ' associations form the Dutch lead law corporation. The corporation is a public body within the meaning of Article 134 of the Constitution She is based in Rotterdam.
2 The corporation has a chairperson, a general council and a member assembly.
The chairman shall represent the corporation in and out of law.
1 The General Council shall implement the management and management of the system. This Board shall be composed of the President and the Chairpersons of the Regional Corporations or their alternates.
The President shall be appointed by the Assembly for a maximum period of four years. He is not a member of the board of a regional corporation.
The President shall be replaced by a member of the General Council when he is prevented from attending, appointed by the Council.
1 The general task of the Council shall be to:
a. In respect of the use of registry hangars:
1 °. providing training to register pilotage and taking the examinations;
2 °. providing training to the person responsible for the registration of the person responsible for the registration of the person responsible for the registration of the General law on recognition of EU professional qualifications to be eligible, in so far as it concerns the part of the training which the person concerned must follow after demonstrating compliance with the requirements of eligibility laid down under the second paragraph;
3. promoting a proper exercise of professional life;
4. the promotion of professional competence;
5 °. providing information on subjects of interest to registry hangars; and
b. give advice to our Minister on the implementation of this law, either at the request of Our Minister or of his own accord.
2 In the case of, or under general management, rules shall be laid down concerning the training, skills, experience and suitability of the training and examinations referred to in paragraph 1 (a) of the first paragraph of this Regulation; below 1 °, and shall be subject to rules on the manner of examination.
3 For the purposes of the implementation of paragraph 1 (a) (1) and (2), second paragraph, and second paragraph, personal data shall be processed concerning health. The processing of these data is carried out in order to assess whether the suitability for the exercise of the profession of registry is present.
4 The tasks referred to in subparagraph (a) (3) and (5) of the first paragraph shall only be carried out to the extent that they relate to pilots ' registers in more than one region.
5 For the participation in one of the training courses referred to in paragraph 1 (a) (2), a fee shall be payable for the costs to the General Board, according to a decision of the Authority on Consumer and Market in accordance with the provisions of the Under Chapter VIA Rate to be fixed.
1 The joint register guides of the same region constitute the regional lead corporation in that region.
2 The names and locations of the regional lead corporations are as follows:
a. North of Delfzijl;
b. Amsterdam-IJmond te IJmuiden;
c. Rotterdam-Rijnmond in Rotterdam;
d. Scheldemonden to Vlissingen.
3 The boundaries of a region shall be determined by general management.
4 A regional corporation is a legal person.
5 A regional corporation has a chairperson, a board and a member assembly.
The chairman of a regional corporation represents the regional corporation in and out of law.
1 The board shall conduct the monetary management and other administration of the regional corporation.
2 The board of directors consists of the president of the regional corporation and:
a. At least two and a maximum of four members for regional corporations not counting more than one hundred members;
b. and at least two and a maximum of six members in the case of regional corporations that have more than one hundred members.
3 The chairman of the regional corporation, the other members of the board and their alternates shall be appointed by the assembly of members of the members of the regional corporation for a maximum period of four years.
4 The chairman of the regional corporation and the other members of the board shall be replaced by their alternates at the time of his absence.
1 The administration of the regional corporation shall, in particular, be responsible for:
a. In respect of the use of registry hangars:
1 °. to ensure that there is a sufficient number of persons being trained;
2. promoting a proper practice of occupation;
3. to provide information on subjects of interest to the registry;
b. providing training and providing a share in taking exams in order to carry out the pursuits. Article 10, second paragraph, part b, of the Maritime Traffic Act rules; and
c. prepare for membership meetings.
2 The tasks referred to in paragraph 1 (a), (2) and (3), shall be carried out only if not provided for in this paragraph. Article 9, first paragraph, part a, below 3 ° or 5 ° .
1 The chairman of the corporation or of a regional corporation shall convene a meeting as often as he deems it necessary or if this is requested in writing, giving details of the subjects to be dealt with:
a. for the assembly of members of the corporation: by the assembly of members of at least one regional corporation;
b. for a member assembly of a regional corporation: by at least 10% of its members;
c. for the General Board and for the administration of a regional corporation: by at least two members.
2 The members ' meetings of the corporation are public to the extent that they are subject to the draft regulations. This shall be communicated by the General Board in a manner to be determined by a general measure of management.
3 The assembly of members of a regional corporation provides for rules of procedure in the effective conduct of members ' meetings.
1 The assembly of members of the corporation shall adopt the regulations referred to in this Act and the provisions based thereon, as well as other regulations, including those in the interests of:
a. Good professional practice;
b. An efficient service provision, with at least a provision to provide:
1 °. the obligation of the registry warehouse to provide its services in a timely and non-discriminatory manner and to provide ships as intended for Article 4, second paragraph ; and
2 °. the obligation of the registry pilots to ensure, inter-related, transport for the purposes of their occupation and the further organization of the provision of services;
c. social welfare for registry pilots and survivors of deceased registry pilots; and
d. an effective course of the members ' meetings of the corporation.
2 In a regulation, power may be granted to the general council or to the administration of a regional corporation to lay down detailed rules on matters governed by that regulation.
1 The draft regulations shall be drawn up by the General Council, either on the basis of the assembly or on its own initiative.
2 On the preparation of regulations Section 3.4 of the General Administrative Law applicable, subject to the application of the general council.
3 The general council shall inform the members of the views expressed.
4 The Regulations shall be notified forthwith to our Minister and subsequently published in the European Parliament after the adoption of the State Gazette. If they require the approval of our Minister, the publication at the foot of the regulation shall state the decision to which it has been adopted.
5 The Regulations shall enter into force, unless otherwise specified, from the second day following that of publication.
6 The fourth and fifth paragraphs shall also apply to the detailed rules provided for in this Article. Article 15, second paragraph .
1 The Regulations shall be binding on the members, the corporation, the general council, the regional corporations and their boards and, in so far as they relate to persons trained for the use of registry pilotage, for such persons. persons.
2 Provisions laid down in or pursuant to a regulation which conflicts with the provisions of, or pursuant to, the law of which are not binding.
1 Decisions of the General Board or of the member assembly of the corporation may be quashed at the proposal of Our Minister by Royal Decree.
2 In the event of destruction, it shall be done within six months of the date of Article 16, fourth paragraph , shall be notified to it or, in the case of a different decision, within six months of the decision being made to the knowledge of our Minister.
1 There is a public lead register. For the purposes of this register, personal data shall be processed in respect of registered register pilots. The processing of these data shall be carried out in order to ensure the quality, continuity and legal certainty of the service of pilotage and the performance of the rules laid down by or pursuant to this Law. The General Board shall be responsible for this processing.
2 By regulation, rules shall be laid down on the establishment of the register, the method of registration and the removal from the register and the issuing of copies of the register.
3 The charges for the costs of issuing copies from the register shall be determined by decision of the Consumer and Market Authority, in accordance with the provisions of Chapter VIA .
4 In the register, the person who complies with Article 22, first paragraph , registered at his request as registry warehouse. In the case of invitations to tender, the name, surname, date of birth, place of birth, place of birth and place of residence of the applicant shall be entered in the register and the pilots ' means of piloting and the categories of ships for which he is competent and to which regional corporation he belongs to.
5 If a registry warehouse is competent in more than one region, the general council shall determine, after hearing the boards of the regional corporations concerned and the relevant register in respect of which regional corporation the tender shall be registered.
6 The General Board shall be responsible for the management of the register.
1 The person who, with good consequence, is the examinations, intended in Article 9 , has taken, or has, a recognition of professional qualifications as defined in respect of the profession of registered office of the kind used in the profession of registry Article 5 of the General Act on recognition of EU professional qualifications ' entered on his application in the register, if:
a. has the medical certificates provided for in Article 24, first paragraph, part e , and
b. has a certificate of admission issued by the board of the relevant regional corporation.
2 Personal data relating to health shall be processed in order to comply with the application for registration. The processing of these data shall be carried out in order to assess whether the legal requirements for the registration of the registered office are fulfilled. The General Board shall be responsible for this processing.
3 The applicant shall receive a declaration from the register in the register in accordance with a model to be established by regulation.
1 The entry in the register shall be refused if:
a. The applicant does not provide the supporting documents of the compliance Article 22, first paragraph , within 13 weeks of the submission of the last document, or, after the expiry of that period, not also an additional certificate of admission issued by the board of the relevant regional corporation, ; or
b. in relation to the applicant following: Article 28, first paragraph , or Article 48 , the jurisdiction as registered warehouse has been suspended or expired.
2 The general council shall issue a decision refusing registration in the register by means of a copy of the notice to the administration of the regional corporation.
1 The entry in the register shall be removed:
(a) in the event of the death of the attached Member;
b. at the written request of the attached Members;
c. where, in respect of the revocation of the jurisdiction, referred to in Article 28, first paragraph, part d, or Article 48, first paragraph, part b. or second member , it has become open to implementation;
d. at the time of reaching pensionable age, Article 7a, first paragraph, of the General old-age law , or of a lower age established by regulation,
e. where the attached person does not have valid medical certificates in accordance with rules to be given to or under general management of the scheme;
f. where, during a period to be determined by Regulation, the attached member has not effectively exercised, in a number of times, a number of times to be determined by that Regulation;
g. during the period for which jurisdiction has been suspended pursuant to a judgment or as a measure; or
h. if the reason for refusal of registration has been proven after the registration.
2 When removed is removed Article 23, second paragraph , mutatis mutandis.
3 Removal of the tender shall mean loss of relations, where the status of a member of the corporation or of the regional corporation, as a result of or pursuant to this law, is required for need or elective.
4 In the case of a deletion pursuant to the provisions of the first paragraph G The cancellation shall not take place after the expiry of the period referred to in that part.
The person who has been registered in the register shall, if the previous registration has been removed on the ground, be referred to in Article 24, first paragraph e, reentry in the register at his request if the application is submitted to the application for proof that this land has ceased to exist.
1 By regulation, rules shall be laid down in respect of the amounts, the chargeability thereof, the criteria for the determination and the payment in respect of:
a. The services of registry pilots;
b. the tasks to be performed by the General Board and the boards of the Regional Corporations under this Act;
c. the tasks to be assigned to the services to be provided by the registry pilots.
2 The rules laid down in the Regulation referred to in paragraph 1 shall take into account the total expected revenue from pilotage and shall, in any event, provide for:
a. a guarantee and a fund or other provision in which deposits are made for the purpose of meeting obligations arising from the functional age pension of registered pilots and under collective agreement right to a functional age-dismissal of the staff responsible for carrying out the tasks referred to in point (c) of the first paragraph;
(b) a proportionality of the measures relating to the amounts for the services of pilots and the different regions;
c. a guarantee for the ability to take care of the tasks of the General Board and the boards of the Regional Corporations.
3 By way of derogation from Article 15, first paragraph , the Regulation, referred to in paragraph 1, shall be fixed by the General Council for the first time.
4 Article 16, first, second and third paragraphs , the determination referred to in the third paragraph shall not apply.
5 Under the functional age pension referred to in paragraph 2 (a), the term 'allowance' is defined as a result of the entry in the register of the entry in the register as a result of the attainment of the rate of entry into the register of the goods concerned. Article 24, first paragraph, part d , age determined, and when that age is reached after a pre-recorded citation under Article 24, first paragraph, part e .
Adoption of a Regulation amending the Regulation referred to in Article 26, first paragraph In so far as it relates to a change in the amounts or the criteria for its adoption, only a decision of the assembly of members shall be taken by a two-thirds majority of the members of the assembly in that assembly. valid votes cast.
The rates of pilotage and the rates for the provision of other services entrusted to or under the Law to exclude registry pilots shall be subject to the reimbursement of the tasks assigned to or under the Law to the General Council. whether a regional lead corporation is dedicated, shall be determined in accordance with the provisions of this Chapter.
1 The member assembly of the corporation states in the interest of a cost-based tariff setting an imputation system for the cost of the services and tasks specified in Article 27a , and obligations referred to in Article 26, second paragraph, point (a) .
2 The imputation system shall contain a description of:
a. the manner in which the costs of the services and tasks, referred to in Article 27a , the rates are passed on, and,
b. the manner in which and the frequency with which reservations for financing the obligations, referred to in Article 26, second paragraph, point (a) They're done.
3 The imputation system shall be drawn up in accordance with the provisions of the Article 15ba, third member, of the Shipping Traffic Act .
4 The attribution system needs the consent of the Consumer Authority and Market Authority. Section 10.2.1 of the General Administrative Law Act shall apply mutatis mutandis to the agreement.
5 Prior to the adoption of the imputation system, the General Council shall appoint representatives of public bodies to be designated by ministerial arrangements, involved in the management of one or more sea ports and representative bodies of the Community. operators in the shipping and port companies ' ability to express their views on a design for an imputation system. The assembly of members shall inform the Consumer Authority of the views it has received. The assembly of members shall justify its considerations on the points of view which have been put forward.
6 The Consumer and Market Authority may contribute to the assembly of members of the Member Assembly to modify an established imputation system. The member assembly is required to follow a command. The third, fourth and fifth paragraphs shall apply.
7 Without prejudice to paragraph 6, the imputation system shall be revised no later than five years after the date of entry into force.
1 The General Board shall propose to the Consumer and Market Authority the rates and fees for the services and tasks specified in the Article 27a .
2 A proposal as referred to in paragraph 1 shall be drawn up in accordance with the principle that each tariff is reasonable and non-discriminatory.
3 A proposal as referred to in the first paragraph in respect of pilotage rates shall be drawn up in accordance with the following principles:
a. The pilotage rates are cost-oriented for the whole, and,
b. A proposal for differentiated tariff adjustment for each sea port area will contribute to a more cost-oriented tariff per individual vessel.
4 Prior to the submission of a proposal as referred to in the first paragraph with regard to pilotage rates, the General Council shall seek a view of a number of regional consultation committees, to be determined by ministerial arrangement, consisting of: Management of the relevant regional lead corporation, representatives of public bodies, involved in the management of one or more sea ports and representative organisations of operators in the shipping and port business. The views received shall be annexed to the proposal. The General Council, in the proposal, motivates its reflections on the views expressed.
5 A proposal relating to pilotage rates shall be submitted annually, based on the financial accounts of the calendar year preceding the submission and shall relate to the following calendar year.
6 A proposal on pilotage rates shall contain at least:
an estimate of all pilotage operations to be delivered in the calendar year in question and the intended quality;
an estimate of the turnover to be achieved by piloting operations referred to in point (a), based on actual turnover in the calendar year preceding the calendar year in which the proposal is made;
(c) an estimate of the work allowance based on the fee actually received in the calendar year preceding the calendar year in which the proposal is made;
d. an estimate of the changes to the cost of tangible fixed assets, the estimated investments and the estimated return;
(e) an estimate of the other turnover and costs, based on the actual turnover and costs of the calendar year preceding the calendar year in which the proposal is made;
f. an estimate of the costs, payments and return on the amounts paid up, relating to the obligations, intended to be carried out in accordance with the provisions of the Article 26, second paragraph, point (a) , for the relevant calendar year,
g. an estimate of the overall saving on costs foreseen for the calendar year concerned;
(h) the adjustment provided for in the calendar year concerned in relation to existing irregularities in the degree of costness of the tariffs for the different sea port areas;
a settlement of the difference between the estimated and actual changes in the physical assets and investments carried out in the calendar year preceding the year in which the proposal is made;
j. an underpinning of the estimates referred to in (a) to (g).
7 A proposal as referred to in the first paragraph with regard to rates other than pilotage rates shall be cost-oriented for each individual tariff. A proposal contains an underdeveloped estimate of costs and turnover for each individual service or task.
1 In the interest of determining cost-oriented pilotage rates, the general measure of governance shall be subject to further rules on reasonable grounds for use in the sea port area. Article 27c, second paragraph The cost orientation referred to in point (a) of Article 27c and may be governed by other criteria for the structure of these tariffs. This measure allows tasks and powers to be entrusted to the Consumer and Market Authority.
2 An annual indexation of the hourly rates of the labour allowance shall be fixed by general measure of management.
3 By ministerial arrangement, a correction factor to be taken into account when fixing the rates of pilotage shall be fixed in relation to existing imbalances in the degree of costsness of the rates of pilotage in the various Member States. sea port areas.
4 In the case of ministerial arrangements, detailed rules on the composition of the Regional Consultation Committees are set out in the Article 27c, fourth paragraph .
1 The Consumer and Market Authority lays down, by decision, a schedule for payments to be made to finance the obligations of the Article 26, second paragraph, point (a) .
2 The Consumer and Market Authority may, by decision, fix a correction factor to be taken in respect of the balanced financing of the obligations arising from the fixing of the fixed rate of payment of the duty. Article 26, second paragraph, point (a) . Prior to taking the decision, the Authority shall obtain the opinion of an actuary.
3 Decisions referred to in the first and second paragraphs shall be published by the Official Journal.
1 The Consumer and Market Authority shall fix the pilotage rates by decision for each calendar year.
2 The Consumer and Market Authority shall decide by decision the rates and allowances for other services and tasks, as set out in Annex II. Article 27a -I'm sure.
3 pilotage rates and other rates and fees may vary by sea port area and per operation.
4 Decisions referred to in the first and second paragraphs shall be published by the Official Journal.
1 The Consumer and Market Authority makes a decision as intended Article 27f, first and second paragraphs , shall be determined by way of derogation from the proposal in question, if the opinion of the Consumer and Market Authority is to be considered:
a. does not comply with the at or under the Articles 27c to 27e requirements;
(b) not to contribute adequately to achieving the most efficient functioning of registers and the productivity and quality of pilotage services; or
c. is not based on a reasonable return on investment.
2 The Consumer and Market Authority may, of its own motion or at the request of the General Board, make adjustments to the fixing of rates and allowances in respect of special circumstances.
3 The Consumer and Market Authority may, when fixing the rates and fees, make corrections if the fees or fees for a calendar year preceding the calendar year for which the rates and fees are applied 3.
a. by court ruling or with application of the Articles 6:19 or 7:11 of the General Administrative Law Act changed, or
Have been established taking into account incorrect or incomplete data and the Consumer and Market Authority, if it had the appropriate and complete information, tariffs or fees that would be significantly deviate from the rates or charges laid down.
1 The Consumer and Market Authority may, without prejudice to or under the conditions of Article 2, third paragraph , 4, first paragraph , 9, second paragraph , 15 first member , 24, first paragraph, point (d) , and 26, first paragraph , of this law and Article 12 of the Maritime Traffic Act , establish conditions under which registries shall provide the services they provide to or under the law to exclusion.
2 The conditions apply only to the quality of service and non-discriminatory treatment.
3 Prior to the adoption of these conditions, the Consumer and Consumer Authority invites the General Council to submit a proposal for that purpose. Article 27c, fourth paragraph , shall apply mutatis mutandis.
1 The warehouse and the under- Articles 15a, second paragraph , and 15b, first paragraph, of the Maritime Traffic Act designated organisations shall be required to Article 27f and 27g to apply rates set.
2 The registered office and associations of pilots ' registers implementing the provisions of the Article 15, first paragraph, point (b) , its or its being established are mandatory in accordance with Article 27h the conditions laid down.
1 The General Council shall, by 1 May of each year, draw up a financial statement of the previous calendar year consisting of:
a. An operating account of the services and tasks, referred to in Article 27a , including accounts for turnover;
b. an overview of the tangible fixed assets allocated to the operation of such services and tasks;
c. a justification of the depreciation methods used and the depreciation periods applied;
d. A statement of expenditure, referred to in Article 26, second paragraph, point (a) ;
e. a justification of the payments made for future expenses, intended for: Article 26, second paragraph, point (a) ;
f. a justification of the overall saving, intended in Article 27c, sixth paragraph, point (g) ;
g. an explanation of the documents referred to in (a) to (f);
h. A statement from an independent auditor as referred to in Article 393 of Book 2 of the Civil Code .
2 The General Board shall, by 1 May of each year, be responsible for accounting for the quality of the services and tasks referred to in the General Council. Article 27a , in respect of the previous calendar year. Prior to the determination of accountability, the General Board asks a view of the public bodies to be designated by ministerial arrangement, involved in the management of one or more seaports, management bodies in charge of the nautical management of one or more sea ports and representative organisations of entrepreneurs in the shipping and port business. The views received shall be annexed to the accounts. The General Council shall justify its considerations on the views expressed.
3 The general council shall simultaneously transmit to the Consumer and Market Authority the responsibilities referred to in the first and second paragraphs, together with the views received.
1 The general council, in the interests of promoting the most efficient management of registers and the levying of reasonable non-discriminatory and cost-based rates, will carry out a comparative study every two years. the level of pilotage rates, the method of cost allocation, the realised quality level and productivity development.
2 Comparative research is in any case related to the pilotage rates levied in the Netherlands, Flanders and the Federal Republic of Germany. The Consumer and Market Authority may designate other countries or port areas to be included in the investigation.
3 The examination report contains an explanation of the discrepancies found.
4 The research report shall be sent to the Consumer and Market Authority.
1 In the case of a general measure of management, detailed rules shall be laid down:
a. the device and the degree of detail of the imputation system, intended in Article 27b ;
(b) the period within which an established imputation system is sent to the Consumer and Market Authority for the purpose of obtaining consent;
(c) the time at which the proposals, referred to in the Articles 27c and 27h must have been done, together with documents to be provided;
(d) the period within which the fixing of rates takes place;
e. the décor and the degree of detail of the responsibility, intended in Article 27j .
2 In the case of a general measure of administration, rules may be laid down on the establishment and degree of detail of the comparative study, which is to be found in Article 27k .
3 In the case of the measure referred to in paragraph 1, tasks and powers may be entrusted to the Consumer and Market Authority.
1 The registered court is subject to disciplinary action in respect of any infringement of a regulation or of the detailed rules laid down pursuant to a regulation, as referred to in Article 4 (2) of the Regulation. Article 15 . For such an infringement, one of the following measures may be imposed:
a. Berisping;
a. A fine of € 2 250 not more than € 2 250;
suspension or limitation of the power for a maximum period of one year;
d. Revocation or limitation of competence.
2 If a fine has been imposed, the amount of money to be paid shall be payable to the State. Payment of the money shall be made to Our Minister. The money must be paid within six weeks from the date on which the decision of the disciplinary college has become irretrievably. For the application of Title 4.4 of the General Administrative Law The decision of the disciplinary board shall be deemed to be a decision in the Article 4:86 of that Act . In the decision of the disciplinary committee, two or more time limits may be fixed in which the sum of money must be satisfied.
3 Our Minister is empowered to issue a warrant for the recovery of the money owed.
4 service of the service and enforcement of a compulsory order shall be effected by the care of the recipient in accordance with Article 2, first paragraph, part (i) of the 1990 Act of Invorting and by the tax bailier intended in Article 2, first paragraph, part j of that Act with application of the Articles 13 and 14 of that Act .
5 As long as the receiver is charged with the care of recovery, he may make a claim on the basis of Article 19 of the Act of Invorting as well as netting under Article 24 of that Act.
6 With respect to the opposition to the implementation of a warrant, Article 17 of the Act of Invorting mutatis mutandis, except that in that article for "the recipient who issued the warrant" must be read all the time: the receiver responsible for the enforcement of the order of order.
7 With respect to the cost of formal notice and further recovery, the Articles 6 and 7 of the Invording Law 1990 applicable mutatis mutandis.
1 There is a disciplinary committee established in Gravenhage.
2 The disciplinary board shall be responsible for the handling of cases as referred to in Article 2 (2). Article 28 .
3 The disciplinary board shall consist of a chairperson and four pilots ' registers.
The following may be appointed as chairman:
a. to whom on the basis of the final examination of an education in scientific education by a university or the Open University, to which the Law on higher education and scientific research The degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted, or
b. which on the basis of the final examination of an education in the field of entitlement to a university or the Open University, to which the Law on higher education and scientific research The right has acquired the right to master the title.
1 The President and the other members, and each of them, one or more alternates shall be appointed by Our Minister for the period of six years. They shall again be eligible for appointment. On their own request, they can be dismissed by our Minister. The term of appointment of him appointed for the completion of an interim vacancy shall end upon the expiry of the term of appointment of the person in whose seat he is in the place of appointment.
2 The chair must comply with the requirements for appointment to court in a court of law. Each regional corporation is appointed by a nominating board of a regional corporation which contains at least two persons belonging to the regional corporation and not a member or an alternate member of the regional corporation. of that board.
3 For the alternates referred to in paragraph 1, the provisions of the second paragraph shall apply mutatis mutandis.
4 Piloting shall have a Secretary and, if necessary, a Deputy Secretary:
a. to whom on the basis of a final examination of an education in scientific education by a university or the Open University, to which the Law on higher education and scientific research The degree Bachelor in the field of law and also the degree Master in the field of entitlement has been granted, or
b. which on the basis of the final examination of an education in the field of entitlement to a university or the Open University, to which the Law on higher education and scientific research The right has acquired the right to master the title.
They are appointed by our Minister, suspended and dismissed.
5 The President and the Secretary, and their deputies, shall in any case be dismissed as from the month following that in which they reached the age of 70.
1 Spouses or registered partners, relatives or relative to the third degree enclosed cannot lead together with his chairman or deputy chairman, member or alternate member and secretary of the disciplinary college.
2 If the marriage or registered partnership was first made after the appointment, the justappointed of the spouses or registered partners will not be able to hold office.
3 If the appointment was first made after the appointment, the person who caused it will not be able to retain his office, unless he is authorized by our Minister.
4 The adoring relationship is due to the dissolution of the marriage or the registered partnership that caused it.
It in the Articles 46c, second paragraph , 46d, second member , 46f , 46l, first paragraph, introductory wording and point (a) and (third) , 46m , 46o , and 46p of the Law on Civil Law The members of the judiciary shall apply mutatis mutandis to the members of the disciplinary committee and their alternates.
The Articles 13a , 13b, except for the first paragraph, parts b and c, and fourth member , and 13c to 13g of the Law of the Judiciary shall be applicable, mutatis mutandis, to conduct of the members of the disciplinary college and their alternates, subject to the following conditions:
(a) for the corresponding application of those articles under the term "the judicial authority concerned" shall mean the chairperson of the disciplinary board; and
b. The Attorney General is not obligated to the request, intended in Article 13a , to be complied with, if the applicant is reasonably insufficiently interested in an investigation as referred to in that Article.
1 The chairman shall be entitled to the members and their alternates of his own motion, who neglect the dignity of their duties, their duties or of their duties or who are guilty of any wrongdoing on the part of the President. Article 34 , to make the necessary warning, after having given them the opportunity to be heard.
2 The President of the College as intended by Article 44 , shall have equal jurisdiction over the chairman of the disciplinary committee and his deputies.
1 Those who are members of the disciplinary college and their alternates may not, either directly or indirectly, decide on any matter dealt with by them or of which they know or suspect that they will be treated by them, in any way engage in special maintenance or conversation with parties, or their advisers or agents, or take any particular information or writing in writing.
2 It is those who are part of the disciplinary committee and their alternates shall not be allowed to publish what they have known as such beyond the performance of their duties. The obligation of secrecy shall not apply to officials, to the extent that notification is required under a legal requirement.
3 Those who form part of the disciplinary college and their alternates shall be obliged to keep secret of the feelings expressed in the Council Chamber on pending cases.
4 The first, second and third members shall also apply to the secretary of the disciplinary committee and his deputy.
The President, the other members and the Secretary, as well as their deputies, shall receive a vacancy, as well as reimbursement of travel and subsistence expenses and further surpluses, according to the rules to be laid down by our Minister.
The disciplinary board holds session in the composition as mentioned in Article 29, third paragraph .
1 A case concerning a subject as referred to in Article 28, first paragraph It shall be brought before the disciplinary board by a written complaint from the general council, the management of a regional corporation or of the person directly affected in its interest.
2 As soon as a complaint has been made, the President shall submit a preliminary investigation. The bodies of the corporation or of a regional corporation shall cooperate upon request in such cases.
If it is clear that the complaint has been lodged by a person who is not competent to do so by virtue of the first paragraph, the President of the disciplinary court shall declare the complainant to be inadmissible in writing without further investigation in the reasoned decision. It is clear that the complaint is manifestly unfounded in that it does not apply to the facts on which it is based. Article 28, first paragraph The President of the disciplinary committee may lead, without further investigation, to dismiss the complaint by way of a reasoned decision in writing. If the disciplinary college is not competent, the chairman of the disciplinary committee shall give a written decision to the complaint by reasoned decision.
4 Withdrawal of the complaint, after it has been received, or cessation of work by the person complained of, does not affect further treatment when, in the judgment of the disciplinary committee, the public interest is that has been suspected of being continued or where the person complained of has stated in writing to request the continuation of the treatment of the complaint.
1 Those who form part of the disciplinary committee may be changed and may be affected if there are any facts or circumstances which may result in the judicial impartiality of being harmed.
2 An emergency shall be decided upon as soon as possible by those who form part of the disciplinary college, with the exception of the person who is being exchanged or who desires to be changed. In the event of a tie, the objection shall be assigned to the change of the difference in the first place.
1 The treatment of a case, on a subject as referred to in Article 28, first paragraph If the disciplinary board is to hold a public hearing, unless the disciplinary committee recommends that the case be dealt with wholly or in part with closed doors, the disciplinary procedure shall be recommended. The order to do so involves the considerations upon which it is based.
2 The President shall be responsible for maintaining order and shall be able to take the necessary measures to that end.
3 The decision in a case dealt with by the disciplinary committee shall be delivered by the President in public in the presence of the Secretary.
4 Of time and place of a public session or of a public pronunciation shall be held at least two weeks and no more than four weeks in advance Official Gazette Communication.
1 Except in the cases, as referred to in Article 37, third paragraph , the disciplinary college shall not take a decision on a complaint lodged than after hearing, at least due to a reasonable notice of the person complaining and of the complainant.
2 The person complained of may be, unless the disciplinary board orders lead and that he may appear in person, to be represented at the hearing by a lawyer or by a written person. He can be assisted by a counsellor.
3 The disciplinary board may refuse to admit certain persons who are not a lawyer, acting as agent or as an adviser. In the event of such a refusal, the disciplinary board shall hold the case until a subsequent sitting.
4 The person complained of and his counsellor shall be given the opportunity to take notice of at least 14 days before the start of the examination at the hearing of the procedural documents.
1 The disciplinary board may, at the request of the person complaining about who has complained of it or at the request of the complainant or of its own motion, call and hear witnesses and experts. The summons shall be effected by registered letter. Any person who has been summoned as a witness or expert shall be obliged to act on the summons.
If a witness or expert does not appear on the summons, the D.A. shall, at the request of the disciplinary court at the request of the Court of Justice, lead him to summons him.
If a witness or expert does not appear on the summons, the officer referred to in the preceding paragraph shall, at the request of the disciplinary college, summons him once again, at the request of the order to bring him to the notice of a notice.
4 Article 556 of the Code of Criminal Procedure shall apply mutatis mutandis.
5 The witnesses put in the hands of the president of the disciplinary committee shall take the oath or promise that they shall say the whole truth, and nothing but the truth. The witnesses are required to give testimony, the experts to provide their services as such.
6 Regarding the witnesses and experts, the Articles 217 to 219 of the Code of Criminal Procedure applicable mutatis mutandis.
7 The witnesses and experts received on request of their summons or summons to pay compensation in accordance with or pursuant to the provisions of the Law Rates in Criminal Matters ( Stb. 1963, 130).
1 The decision of the disciplinary committee on a complaint lodged shall hold the recital on which it is based and shall be in writing.
2 The Secretary of the Disciplinary Committee shall forward the decision of the disciplinary board without delay to the letter of a letter drawn up by registered letter:
a. to the person complaining about who is complaining;
b. to the complainant;
c. to the General Council.
3 The Secretary of the Disciplinary Board shall forward a copy of a decision of the President without delay to the complainant, on the basis of a copy of the letter.
4 The secretary of the disciplinary board shall provide the courts and the public prosecutor with information on irrevocable decisions at the request of the secretary of the disciplinary board.
Decisions taken by the disciplinary board, taken with a different number of persons or in a different composition other than those prescribed, shall be null and void.
The Articles 1, part b , 3 , 4, first paragraph , 5 , 31 to 43 and 44 first paragraph, of the Law on Jurisprudence in Business Organisation 2004 , as that law applied immediately prior to the date on which that law was repealed, shall apply mutatis mutandis, it being understood that:
a. Article 4, first paragraph , only the minimum penalty shall apply mutatis mutandis;
(b) under 'the chairman of the body', the term 'chairman of the body' shall be understood to mean the general council or the management of a regional corporation.
In the case of a general measure of administration, detailed rules may be laid down for:
a. the implementation of the measures mentioned in: Article 28, first paragraph, parts a, c and Ed ;
b. the complaints, as referred to in Article 37 ;
(c) the course of action, which shall ensure a proper judgment.
1 With the verification of compliance with or under this Act, with the exception of: Chapter VIA , the officials assigned to the decision, referred to in the Article 49, first paragraph , as well as other officials appointed by the decision of Our Minister.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
3 The supervisors do not have the powers, mentioned in the Articles 5:18 and 5:19 of the General Administrative Law Act .
1 The Consumer and Market Authority is entrusted with the supervision of compliance with the provisions of, or pursuant to Chapter VIA .
2 The following Article 12a, 1st paragraph, of the Incomposition Act Authority of Consumer and Market Officials shall be subject to the supervision referred to in the first paragraph, not to the powers specified in the Articles 5:18 and 5:19 of the General Administrative Law Act .
If the policy rules to be adopted by Our Minister deal with the interpretation of competition concepts, our Minister will establish those policy rules in accordance with our Minister of Economic Affairs.
(1) In the event of infringement of the provisions of or of the Articles 27c , 27i , 27j , 27k and 27l, 1st Member , the Authority may, the Consumer and Market Authority:
a. Imposition of an administrative penalty;
b. Impose a charge under penalty payment.
2 The fine referred to in paragraph 1 (a) shall amount to a maximum of € 900,000, or 10% of the joint turnover of the organisations, whichever is the greater, under the Articles 15a, second paragraph , and 15b, first paragraph, of the Maritime Traffic Act . Article 12o of the Act of Incomposition Consumer and Market Authority shall apply mutatis mutandis.
3 The administrative penalty, which may be imposed at most by the second paragraph, shall be increased by 100% if, within a period of five years preceding the day of the day's notice of the report of the offence, the amount of the administrative penalty is to be increased by 100%. Article 5:48, first paragraph, of the General Law governing the administrative law , an administrative fine imposed on that offender for a previous infringement of the same or a similar legal requirement has become irretrievable.
1 If under Article 45f or Article 12m from the Incomposition Act Authority of Consumer and Market An administrative penalty or penalty payment shall be imposed on the corporation, which shall be entitled to pay the fine or periodic penalty payment against the pilotage collected.
2 If an administrative penalty or penalty payment is imposed on a regional lead corporation or a consortium of registry pilots established for the purpose of execution of Article 15, first paragraph, point (b) These natural and legal persons shall be entitled to pay the fine or periodic penalty payment to be borne by the part of the pilotage collected to which the regional lead corporation in question, as a result of the corresponding regional lead, is responsible. partnership, has the right to be followed by and pursuant to Article 26 and the under Articles 15a, second paragraph , and 15b, third member, of the Maritime Traffic Act set rules and regulations.
3 A satisfaction referred to in paragraphs 1 and 2 shall take precedence over the present and under Article 26 and the under Articles 15a, second paragraph , and 15b, third member, of the Maritime Traffic Act set rules and regulations.
1 Our Minister is empowered to impose a charge under administrative coercion to enforce compliance with or under the control of Article 9, first paragraph, point (a) (1) and (2), second paragraph , Article 13, first paragraph, point (a) (1), and (b) , Article 15, first paragraph, b. 2 ° , 21, 6th paragraph , and Article 26 . The decision is to be communicated to the corporation, which is the regional corporation.
2 The Consumer and Market Authority is empowered to impose a charge under administrative coercion to enforce the provisions of, or pursuant to, the articles 27b, first and sixth member , and 27l, first paragraph, points (a) and (b) . The decision shall be communicated to the corporation.
3 The measures taken under the first or second paragraph shall be drawn up within twenty-four hours of a written report which shall be forwarded without delay to the parties concerned and to the General Council. management of the regional corporation.
1 Infringement of the provisions imposed by Article 2 (3) , in so far as expressly designated as a criminal offence, or Article 4, second paragraph , shall be punished with custody of a maximum of two months or a fine of the third category.
2 The offences referred to in the first paragraph are offences.
1 In case of a conviction for a violation mentioned in Article 47, first paragraph , the judgment may also include:
(a) suspension or limitation of the right to suspend or restrict the suspension or suspension of the under-law of the Article 5 the power acquired, for the duration of a maximum of one year;
(b) the revocation or limitation of the jurisdiction as a registered or limitation of the revocation or limitation of the under-law Article 5 power acquired.
2 The first paragraph of paragraph 1 shall also apply in the case of a conviction on the grounds of a contravention, mentioned in the Maritime Traffic Act -if the warehouse has committed that offence in the exercise of his/her profession.
1 Shall be subject to the detection of offences under this Act, without prejudice to Article 141 of the Code of Criminal Procedure , in charge of designated Special Investigation Officers. These officials are also responsible for the detection of the facts, punishable in the Articles 179 to 182 and 184 of the Code of Criminal Law , to the extent that these facts relate to an order, a claim, or an act, done or taken by themselves.
2 Of a decision referred to in paragraph 1 shall be communicated by the State Official Gazette.
3 The Articles 5:13 , 5:15 to 5:17 and 5:20 of the General Law governing law shall be applicable mutatis mutandis.
4 The officials referred to in paragraph 1 shall be empowered to enter a residence without the permission of the occupant, with a view to the necessary equipment.
1 Without prejudice to: Articles 7, 1st paragraph , and 8, first paragraph, of the Coordination Act of Exceptions if exceptional circumstances make it necessary, by royal decree, upon the proposal of Our Minister-President, Article 52 are put into operation.
2 Where the decision referred to in paragraph 1 has been taken, a proposal for a law shall be forwarded to the Second Chamber forthwith, on the continuation of the operation of the provision in force for that decision.
If the proposal is rejected by the States-General, a royal decree, on the proposal of our Minister-President, shall without delay delay the provision which has been brought into force under paragraph 1.
4 By royal decree, upon the proposal of Our Prime Minister, the provision which has been brought into force under paragraph 1 shall be excluded as soon as the circumstances permit it to be considered.
5 The decision referred to in paragraphs 1, 3 and 4 shall be published in accordance with the procedures to be laid down therein. It shall enter into force immediately after the publication.
6 The decision, referred to in the first, third and fourth paragraphs, shall in any case be placed in the State Sheet .
This part has not (yet) entered into force; see the summary of changes
At or under the War Act for the Netherlands designated military authority shall be empowered to lay down, by way of derogation from the provisions of, or under this law, rules concerning the availability of registry pilots if the restricted or general state of emergency has been declared. Provision of services as referred to in Article 2, first and second paragraphs , and the provision of such services by registered pilots, as well as in respect of the tasks assigned to them by the bodies of the corporation and the regional corporations in respect of the tasks entrusted to them by the authorities and the bodies of the Member States, as regards the tasks assigned to them by the authorities and the bodies of the Member States. registry pilots shall, in so far as they are necessary for the execution of the military task to maintain external or internal security, provide services.
1 Register shed as a result of designation as intended Article 52, first paragraph , is limited in its possibilities for the provision of services as referred to in Article 2, first and second paragraphs Consequently, and as a result of a disproportionate financial disadvantage, the Minister granted a remuneration to be determined by the Minister, which is calculated in accordance with rules to be laid down by a general rule.
2 Where: Article 53 application, the corporation may be granted a fee calculated in accordance with rules to be set by a general management measure. These rules may derogate from the provisions of: Article 26 .
1 Violation of the compliance Article 52 instructions given, and of the indications given to or under the provisions of Article 53 rules shall be punished in custody of a maximum of two months or a fine of the third category.
2 The offences referred to in the first paragraph are offences.
1 The setting of rules under the Article 2, third paragraph , 5, 1st Member , and 9, second paragraph , may serve as a result of a treaty or a decision of an international organisation.
2 shall derogate from the provisions of this Law, in so far as the provisions of a Treaty or a decision of an international organisation so require.
1 The delegated authority of other public entities than mentioned in Article 6, first paragraph , shall remain in relation to the subject in which or under this Act is provided.
2 In the case of or under general management measure, rules governing the financial consequences of a regulation as referred to in paragraph 1 may be laid down.
3 The adoption of rules to be laid down pursuant to paragraph 2 shall be determined after consultation with the administration of the public body concerned.
4 The adoption of a general measure of management as referred to in paragraph 2 shall be made on a proposal from Our Minister and our Minister for the Interior.
The General Board and the Board of a Regional Corporation, as well as the one on whom an obligation rests as intended Article 46, first paragraph , are required to provide our Minister with the intelligence he deems necessary to assess whether triggering application of the law. Article 46, first paragraph .
1 De Loodswet 1957 ( Stb. 292) shall be repealed.
2 Separate articles of the Civil Code of Law 1957 may be repealed by Royal Decree, prior to the date of entry into force of the first paragraph.
In the Articles 63 , 65 , 67 and 68 , under a transitional date shall be understood as:
a. for those, intended in Article 63, first paragraph, part a, and the second member : the date on which Article 3 of the Act of Civil Code 1957 is repealed;
b. for those, intended in Article 63, first paragraph, part B : the date on which Article 2 (3) of the Civil Code Act 1957 is repealed;
c. for those, intended in Article 63, third paragraph : the date on which Article 9, part a, of the Loodswet 1957 is repealed.
1 At their request, the register shall register those who, without complying with the provisions of the Article 22, first paragraph , on the day prior to the transitional date:
a. or loods as referred to in Article 3 of the Loodswet 1957;
b. are municipal port hangars as referred to in Article 2, third paragraph, of the Loodswet 1957.
2 Upon request, those who on the day prior to the transitional date are adspirant-loods as referred to in Article 6 of the General Tanning Regulation ( Stb. 1932, 433), or as such have been designated as adspirant pilotage as intended Article 19, first paragraph . They have the right to a learning contract as intended in Article 19, first paragraph b. with a regional corporation to be referred to or under general management, starting from the date on which the transitional date is to be used.
3 Those who, on the day prior to the transitional date, belong to the staff of the pilot service referred to in Article 4 of the General Rules of Entitlement, and to whom the first or second member is not applicable, shall have the right to employ step by a legal person to be referred by Our Minister to a contract of employment under civil law, starting from the date of transition. This also applies to the staff employed by the Ministry of Transport and the Water State of a municipality which perform a function for the purpose of the performance of the piloting service and whose function is as such by Our Minister. In the case of staff employed by a municipality, this designation shall be in accordance with the administration of that municipality. Designation of the legal person shall be carried out in accordance with the management of that legal person.
4 The contract of employment as referred to in paragraph 3 shall be limited to an indefinite period if the staff member was engaged in a permanent service or for an indefinite period of time in temporary employment or was an indefinite contract of employment. If the staff member was engaged or employed on an employment contract for a specified period of time, the contract of employment of the temporary service or contract of employment shall not be the same.
5 The contract of employment concerns a duty corresponding to the function which the staff member was last employed by the Ministry of Transport and Water State, on the service of the commune, subject to the conditions of employment of the Member State concerned. Our Minister for Elaboration of the functions.
6 The conditions of the contract of employment shall at least correspond to those applicable to the staff member in respect of his employment with the Ministry of Transport and Water State. This shall apply mutatis mutandis to the staff of the municipality. Our Minister, in agreement with our Minister of the Interior, may lay down detailed rules on this matter.
7 The legal person designated under the third paragraph is required to contract without further selection or verification.
8 Our Minister may, in agreement with our Minister of the Interior, lay down detailed rules for the implementation of the first, second and third paragraphs.
Those who are under Article 63, first paragraph , are entered in the lead register, those who are a learning contract as intended in Article 63, second paragraph , have closed, and those who are a contract of employment as referred to in Article 63, third paragraph Have concluded, from the date of that registration as from the date of registration of that contract, they shall be automatically discharged from the employment relationship with the State in question with the municipality in question.
1 As from the transitional date, obtain in Article 64 the persons referred to in a pension fund to be referred to by the Regulation shall be one of the directors of the legal person as defined by the management of the legal person. Article 63, third paragraph The fund to be allocated as referred to in the Article 1 of the Pensions and Savings Funds Act ( Stb. 1981, 18), which are equivalent to those which those persons on the transitional date under the General Civil Pensions Act ( Stb. In 1986, 540), the fund is committed to the general civil pension fund, and the fund in question assumes the related obligations.
2 Where the first paragraph applies, the claims of the persons referred to in that paragraph shall lapse under the General Civil Pensions Act and the obligations of the General Civil Pension Fund resulting therefrom. Transitional date.
3 When applying the first paragraph, the Executive Board of the General Civil Pension Fund shall, on the transitional date, transfer to the fund referred to in that paragraph an amount of funds from which Our Ministers of Transport, Finance and the State of Water, Finance and Finance of the Internal Affairs jointly, the Executive Board of the Fund and the Commission referred to in Article L16 of the General Civil Pension Act, heard, determine the amount according to the rights established under the General Civil Pension Act of the Fund are built up for the benefit of the persons referred to in paragraph 1.
4 Our Minister and Our Minister of Finance shall give in accordance with our Minister of the Interior rules relating to the implementation of the provisions of the preceding paragraphs.
1 If the determination of the amount, intended Article 65, third paragraph , if there is no agreement with the pension funds designated under the first paragraph of that article, rules governing the undertreatment of a disadvantage in the construction of a pension may be laid down by a general measure of management. Persons referred to in Article 63 , possibly arises as a result of the Article 64 Intended to resign
2 The person in whom the pension of a person is considered to be Article 63 , is insured, as well as the legal person referred to in Article 63, third paragraph , shall be obliged to inform our Minister, if requested, within a time limit set by the Minister, of which knowledge is required in the opinion of Our Minister in connection with the preparation or implementation of the general measure of management, as referred to in the first paragraph.
3 In the case of a general measure of management, rules may be laid down concerning the reimbursement of costs associated with the provision of data as referred to in paragraph 2.
1 Our Minister may make regulations as referred to in Article 15, first paragraph , to lay down, for the first time as a ministerial arrangement, in so far as they, in the opinion of our Minister, on the transitional date, are to be Article 62, part A , should enter into force. They shall remain in force until they have been repealed and replaced by Regulation, unless the Secretary of State has previously withdrawn it.
2 Our Minister appoints, in accordance with the majority of the persons referred to in Article 63, first paragraph , for the first time the chairman of the corporation. This applies according to the administration of a regional corporation. These appointments shall be valid for no more than 90 days. Within that period, the assembly of members of the corporation shall, among other things, implement the assembly of members of a regional corporation Article 8, second paragraph , below Article 12, third paragraph .
3 Transfer of ownership of the movable and immovable property of the Kingdom to be used for the purpose of the conduct of the pilotage shall be carried out automatically. Our Minister and our Minister of Finance are pointing out these goods.
4 Our Minister determines in accordance with the corporation:
(a) the organizations to whom the goods are transferred; and
b. the date of transfer.
5 Our Minister and Our Minister of Finance determine in accordance with the organizations referred to in the fourth paragraph. a, the value of the goods designated.
1 The legal person designated under Article 63, third paragraph , is kept all of the tasks of the staff as intended by Article 63, third paragraph Where, until the transitional date, the municipality has been provided by the local authority in his own administration for a period of at least five years after the date of the transitional period, it must also be provided in its own management. The corporation, subject to application of paragraph 2, is required to apply to or under the Regulation as referred to in Article 4 (1) of the Regulation. Article 15, first paragraph B , 2 ° -to take this into account.
2 Our Minister may waive the management of the legal person referred to in paragraph 1, in accordance with our Minister of the Interior, from paragraph 1 if that board has obtained sufficient guarantees for the maintenance of the of employment of the personnel concerned as referred to in Article 63, third paragraph , until the expiry of the period referred to in paragraph 1.
The articles of this Law shall enter into force on a date to be determined by royal decree, which may be made different for the various articles or parts of such articles.
This law is cited as: Loodsen law.
Burdens and orders that are in the State Sheet will be placed, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Issued in Gravenhage, 7 July 1988
Beatrix
The Minister of Transport and Water,
N. Smit-Kroes
The Minister of Justice,
F. Korthals Altes
The Minister of the Interior,
C. P. van Dijk
Published on the 28th July 1988The Minister of Justice,
F. Korthals Altes
