Law of 4 May 1977, laying down rules for the adoption of reprisal measures in the field of maritime navigation
We JULIANA, 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 have taken the view that it is desirable to define the interests of the defence of the interests of the Dutch merchant navy with a view to the implementation of an international agreement or a decision. relating to an organisation of international law relating to transport at sea;
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:
For the purposes of applying to or pursuant to this Act, the following definitions shall apply:
Our Minister: Our Minister of Transport and Water State;
sea-ship: a seagoing ship within the meaning of Article 2, 1st paragraph, of Book 8 of the Civil Code ;
Dutch Sea Sea vessel: a sea ship that meets the requirements of Article 311 of the Code of Commerce or is registered in the hull-chartering register, mentioned in Article 2 of the Law on the nationality of seagoing vessels ( Stb. 1992, 541).
1 If the defence of the economic interests of the Dutch merchant navy, or an international agreement or a decision of an international organization relating to the sea transport so requires, We by general measure of governance, in this law further called reprisal decree:
a. prohibit, without authorization from our Minister
1 °. as a commander of a seagoing vessel, flying under a flag designated by that measure, with that ship to carry goods on Dutch waters;
2. as the owner of an undertaking intentionally, that goods are transported by a vessel, varende under a flag designated by that measure;
3. a Dutch seagoing vessel for the purpose of carrying out a contract of rental and rental, hull-chartering or time-chartering at the disposal of a natural or legal person established in a country designated by that measure;
(b) establish a levy by imposing a tariff to be determined by our Minister on sea-going vessels flying the flag of Netherlands waters under a flag designated by that measure.
2 In the case of a reprisal decision, it may be determined that the decision shall apply to seagoing vessels under a flag other than the flag designated by the decision, which is subject to a contract of hire and hire, bareboat chartering whether time-of-age is at the disposal of a natural or legal person established in the country of that designated flag, where such ships are granted the same privileges as ships sailing under the flag of that country; That country.
3 A prohibition or charge, as referred to in the first paragraph, under A , 1 ° or B , does not apply in respect of a ship, which is located in Dutch waters only
a. In transit, or
b. for the safety of the ship or of the persons on board; or
c. because of the danger to life or of health of the persons who live on board; or
d. For undergoing maintenance or recovery operations or taking bunkerstock or proviand.
4 The nomination, amendment or revocation of a reprisal decision is made to Us by Our Minister in accordance with Our Ministers of Foreign Affairs, Economic Affairs, Agriculture and Fisheries, and for Development cooperation.
1 A reprisal decision, or any decision to amend or revoke thereof shall not enter into force less than two months after the date of issuance of the reprisal. State Sheet , where it's placed.
2 A reprisal decision shall lapse, unless otherwise provided for by further law, three years after the entry into force, except as a matter of earlier withdrawal.
1 Our Minister may waive or grant exemption from any prohibition or levy set by a retaliatory decision and, on request.
2 A decision to grant an exemption, or any decision to amend or revoke thereof, shall be adopted by our Minister in accordance with our Ministers for Economic Affairs and for Agriculture and Fisheries.
The permits, exemptions and exemptions may be granted under restrictions. The licences, exemptions and exemptions may be subject to rules.
In the case of or pursuant to a reprisal decision, the information to be supplied when applying for a licence or a waiver may be provided.
The particulars to be provided may include documentary evidence to be provided.
Our Minister may withdraw a licence or a waiver if the information given in the course of the request proves false or incomplete, that another decision would have been taken on the application, if its assessment is the correct one. Circumstances have been known.
1 Our Minister can withdraw the permits or exemptions belonging to a group designated by him if a weighty reason makes this necessary in his judgment.
2 In a decision under paragraph 1, the provisions of the Article 4, second paragraph , mutatis mutandis.
1 Of a under Article 2 (b) (b) The charge imposed shall be communicated by our Minister in writing to the commander of the vessel.
The notification shall contain an indication of the manner in which the amount of the levy has been calculated.
2 With regard to this charge, the Act of recovery 1990 a corresponding application, where the notification referred to in the preceding paragraph is to be regarded as an invitation to payment.
3 It is not permissible for the commander of the seagoing vessel to travel abroad, before payment of the charge imposed or lodged for payment of the charge.
1 Our Minister may, when contemplating a nomination, amendment or withdrawal of a retaliatory decision and, in his judgment, require an immediate provision of an immediate provision, in accordance with Our Minister. Ministers for Foreign Affairs, of Economic Affairs, of Agriculture and Fisheries and for Development Cooperation, by arrangement, further reprised in this Act, in accordance with the provisions of the measure under consideration and in the arrangements for the non-operation of the existing Decision.
A reprisal arrangement shall remain in force subject to previous withdrawal until a reprisal decision, which is the same subject, shall enter into force, but not later than eight months after the entry into force of the reprisal settlement.
1 Our Minister may require any person involved in the carriage of a transit market to be defined by him to obtain the information which he considers necessary for the purposes of assessing whether or not to apply the information Article 2 or Article 10 .
2 Our Minister may, if an international agreement or decision of an international organization relating to sea transport is required, from any person to be included in the transport of a maritime transport market which he considers to be a market. require information that he considers necessary in order to comply with the obligations laid down in that agreement or decision.
1 If there are assignable circumstances, our Minister may, on the basis of which he may suspect that Article 2 or Article 10 has been applied, of the judgment in the carriage of goods to be defined by him access to the market concerned, access to all books and documents requiring consultation, which it considers necessary to satisfy himself or not with the presumption of its presumption.
2 Our Minister may, if an international agreement or decision of an international organization relating to maritime transport so requires, from the transport market to which he considers it to be a transport market. interested parties, shall inspect all books and documents, of which it considers the consultation necessary to comply with the obligations laid down in that agreement or by that decision.
3 The examination of books and records may be borne by the person in writing to each case in writing.
4 Persons referred to in paragraph 3 shall have access to any place, to the extent that it is reasonably necessary for the performance of their duties. Where necessary, they shall provide access, access to books and documents, using the strong arm. Where necessary, they shall provide access and access to books and records using the strong arm.
1 Each of whom on the grounds of Article 11 A It is obliged to provide the requested information in full and in truth in the manner and within the time limit, by which our Minister will determine.
2 Each of whom on the grounds of Article 11 B , first and second members , access to books and documents is required, subject to the instructions to be given by Our Minister.
3 They may, by reason of their status, occupation or the office of secrecy, be free to exchange information, but only as far as they are entrusted to them in their capacity. They may also have access to the Article 11 B , first paragraph -refuse to grant such books or records where their obligation to secrecy requires them to do so.
1 Our Minister may in the cases referred to in Article 11 B , first or second Member In order to determine that any person involved in the transport of a maritime transport market to be defined by him is obliged to carry out a description of the records to be defined.
2 Any person who pursues or has pursued an administration under the first paragraph shall be obliged, for two years after the calendar year to which they relate, to the documents in respect of which the administration is composed, to which the administration is based. Netherlands to be stored.
By way of derogation from Article 8:72, 2nd paragraph, of the General Law governing the administrative law shall operate a destruction from the date on which it is pronounced.
Where, in the interests of proper implementation of the law, further arrangements may be necessary in this Act, they may be carried out in the case of a general measure of management.
It shall be prohibited to supply incorrect or incomplete information in respect of an application for authorization or exemption.
This law can be cited as: Reretaliatory Maritime Shipping Act.
Burdens and orders, which are in the State Sheet will be placed, and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise execution.
Issued at Paleize Soestdijk, 4 May 1977
The Secretary of State for Transport and Water,
M. H. M. VAN HULTEN.
The Minister for Foreign Affairs,
M. VAN DER STOEL.
The Minister for Economic Affairs,
R. F. M. LUBBERS.
The Minister for Agriculture and Fisheries,
-FROM THE STEE.
The Minister for Development Cooperation,
J. PRONK.Issued the 14th of June 1977.
The Minister of Justice,