Law of 6 November 1997 laying down rules on the supervision of ships flying an external flag in Dutch ports of compliance with international regulations in the field of safety, pollution prevention and living conditions and working conditions (Port State Control Act)
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 have taken into consideration that, having regard to Directive No 95 /21/EC of the Council of the European Union of 19 June 1995 on compliance with ships using Community ports and sailing in the waters under the jurisdiction of the Member States of international standards the area of ship safety, pollution prevention and shipboard living and working conditions (port State control) ( PbEG L 157), in order to replace the provisions relating thereto in certain laws, to lay down general rules on port State control;
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 this Act and the provisions based thereon, the following definitions shall apply:
a. Our Minister: Our Minister of Transport and Water State;
1 °. The Convention on Load Lines in London adopted on 5 April 1966 ( Trb . 1966, 275),
2 °. The Convention on the Measurement of Ships, adopted in London on 23 June 1969 ( Trb 1970, 122),
3 ° on the Convention on the Prevention of Collisions at Sea, which was established in London on 20 October 1972 ( Trb . 1974, 51),
4 ° on the Convention on the Prevention of Pollution from Ships, adopted in London on 2 November 1973 ( Trb . 1975, 147),
5 ° on the Convention on the Safety of Life at Sea, adopted in London on 1 November 1974 ( Trb 1977, 77),
6 °. the Maritime Labour Convention, 2006, adopted in Geneva on 23 February 2006 ( Trb . 2007, 93).
7 ° the Convention on Standards of Training, Certification and Watchkeeping for Seafarers, adopted in London on 7 July 1978 (2). Trb 1981, 144),
8 °. The Protocols in London on 11 November 1988 relating to the Convention of 1 to 5 °, with annexes ( Trb . 1990, 57),
9 °. a Protocol, binding annex or binding Appendix, of the Netherlands annexed to (1) to 7 °, or
10 °. any other treaty or the Netherlands to designate a general measure of administrative action on the organisation of international law on the safety of ships, the prevention of pollution from ships or living and working conditions ships, or any corresponding Netherlands binding protocol, binding annex, or binding appendix;
(c) Directive: Directive No 2009 /16/EC of the European Parliament and of the Council of the European Union of 23 April 2009 on port State control (PbEU L 131);
d. Port: an anchor or berth for ships, whether or not at sea, under the jurisdiction of a port which, unless otherwise specified, is located in the Netherlands;
e. inspection means a visit on board a vessel in order to verify compliance with the existing conventions and regulations which carry out at least the checks provided for in Article 13 (1) of the Directive;
f. more detailed inspection: inspection in which the ship, equipment and crew, in whole or, where applicable, in part, under the circumstances described in Article 13, third paragraph, of the Directive, are subjected to a thorough investigation, comprising the construction of the ship, equipment, personnel strength, living and working conditions, and compliance with the operational requirements on board;
g. comprehensive inspection: an inspection comprising at least the elements listed in Annex VII to the Directive and may include, where appropriate, a more detailed inspection if appropriate, if duly justified, as referred to in Article 13; Third paragraph, of the Directive;
h. operator: the owner, bareboat charterer or any other person controlling the use of the ship;
i. exit: leaving one on the external side of the line, intended in Article 1, first paragraph, point (a) of the Creation Act , located anchor-or berth under Dutch jurisdiction, or crossing this line in the direction of the sea;
Detention: the prohibition of the master of a ship for the purposes of sailing with that ship;
k. cessation of an activity: the prohibition on the operator or the master of a ship to continue an activity;
l. The officials of the Inspection Traffic and Water State: the officials designated by Our Minister for Inspection Traffic and Water State.
Port Manager: The person who is responsible for the implementation of the Article 4, first paragraph, of the Maritime Traffic Act Rules laid down, or by the competent authority, as referred to in Article 4 (2). Article 2 of the Maritime Traffic Act , of the relevant vessel, shall be responsible for the performance of the duties imposed on or on the basis of the Maritime Traffic Act powers granted in respect of the participation in the shipping traffic in a port or on a shipping network giving access to a port;
n. MOU: the Memorandum of Understanding on the supervision of ships by the port State, established in Paris on 26 January 1982 ( Trb . 1996, 248);
o. ship/port interface: the interaction that takes place when a ship is directly and immediately involved in operations involving the movement of persons or goods, or the provision of port services to or from the ship;
p. complaint: information or report submitted by a person or organisation that has a legitimate interest in the safety of a ship, including the safety and health risks to the crew, living and working conditions on board and the prevention of pollution;
q. inspection database: the information system which contributes to the implementation of the port State control system in the European Union and on the data of inspections carried out in the European Community and in the MOU member port States.
1 The provisions of this Act apply to a ship which is not entitled to fly the flag of the Kingdom on the basis of rules of law in the Netherlands, and that, with the exception of the situations referred to in the Act, Articles 11 , 11a and 12, second paragraph , a port is called to carry out an interaction ship/port interface.
2 By or pursuant to this Act, does not apply to warships, naval auxiliary ships or other vessels in use for the execution of the military task, wooden ships of primitive construction and for other than commercial purposes. public vessels and recreational craft used.
1 An official of the Inspection Traffic and Water State may submit to an inspection or an extensive inspection a ship for which a certificate or other document is required under one or more of the Conventions.
2 If the ship is not fitted with a certificate or other document required under one or more of the Conventions, or if there are reasonable grounds to believe that the condition of the ship, equipment, crew or life, and working conditions on board are not in accordance with the data of the relevant required certificate or document, or with the regulations of one or more of the treaties, subject to an official of the Inspection Traffic and Water State the ship to a more detailed inspection.
3 After an inspection, a more detailed inspection or an extensive inspection, the Official of the Inspection Traffic and Water State shall, in copy, provide a report to the master of the ship containing information concerning:
a. the results of the inspection, the more detailed inspection or the comprehensive inspection,
b. Decisions taken by the Official of the Inspection Movement and Waterstate; and
c. the measures to be taken by the master or the operator of the ship.
Where applicable Article 3 does not apply, an official of the Inspection Traffic and Water State may ship a ship for which, under one or more of the treaties, no certificate or other document is required, or a ship flying the flag of a State which is not party is in one or more of the treaties, subject to a control, in order to meet as much as possible as intended in Article 3 verify that the ship's condition, equipment, crew members, or living and working conditions on board the ship do not pose a risk to safety, health or pollution of the marine environment.
1 In accordance with the Directive, rules shall be laid down in respect of the minimum requirements to be laid down, to which the officials shall, in accordance with the Directive, be Article 1, part k , must comply and the manner in which those officials exercise their duties under this law.
2 The rules shall at least lay down rules on:
a. numbers of ships to be inspected annually,
b. Priority categories to inspect ships;
(c) excluding categories of an inspection;
d. timing and periods within which an inspection, a more detailed or an extended inspection is carried out,
e. conditions in which an inspection may be delayed,
f. justified grounds for a more detailed inspection;
g. to check certificates and other documents,
h. the requirements to be laid down in the report, referred to in Article 3, third paragraph ,
i. the procedures and guidelines to be followed for an inspection, a more detailed inspection, an extensive inspection and a check as referred to in Article 4 .
3 The scheme may stipulate that it shall not apply in whole or in part to fishing vessels.
An official of the Inspection Traffic and Water State puts an activity stop if at an inspection, a more detailed inspection, an extensive inspection or a check as intended Article 4 , shortcomings have been identified either individually or jointly that the continuation of this activity is clearly dangerous to safety or to health or is harmful to the marine environment.
1 An official of the Inspection Traffic and Water State shall hold a vessel:
a. where one or more of the criteria which may lead to the detention of a ship pursuant to Annex X of the Directive are met;
(b) if it is not equipped with a travel data record system that is functioning, and its use for that ship is mandatory under Directive 2002 /59/EC of the European Parliament and of the Council of the European Union of 27 June 2002 on the introduction of a Community vessel monitoring and information system for shipping and repealing Council Directive 93 /75/EEC (OJ L 208, p.
c. if the master or crew does not comply with operational requirements specified in one or more of the Conventions;
d. if any deficiencies other than those referred to in (a) are identified separately or jointly that the exit of the marine environment is hazardous to safety or health or is harmful to the marine environment;
e. if the official is impeded in the exercise of his task; or
f. if the standards of the convention referred to in Article 1 (b) (6) are repeatedly or seriously violated.
2 By way of derogation from paragraph 1 (a), for the arrest of a fishing vessel, it shall not apply to parts of Annex X to the Directive which are to be adopted under a ministerial arrangement which, in accordance with the Treaties, do not apply to fishing vessels. can be applied.
3 The first paragraph, point (c), shall not apply to the detention of fishing vessels, except that any lack of awareness of operational rules may constitute an arrest warrant for fishing vessels, provided that the provisions of the Treaties permit it.
4 The first and second members shall apply mutatis mutandis to a ship as referred to in Article 4 .
Section 5.3.1 of the General Administrative Law Act does not apply to the Articles 6 and 7 power.
1 By way of derogation from Article 3:41, 1st paragraph, of the General Law governing the administrative law shall be the publication of the decision to end an activity or detention by issuing this Decision to the master.
2 Where the award is not possible to the master, the publication of the decision to stop an activity or detention shall be effected by the decision of the official of the inspectorate. Traffic and Water State for that most restated person, followed as soon as possible by notification to the captain.
3 The official of the Inspection Traffic and Water State shall immediately inform the Administration of the flag or consul concerned or, in his absence, the nearest diplomatic representative, in writing of the arrest and detention order. any circumstances which have led to the arrest.
1 If any arrested vessel cannot be repaired in the port of arrest or if the defect is intended to be Article 7, second paragraph, part b , unable to be remedied without more at the port of detention, the Inspect Traffic and Water State Department official may allow the vessel to the nearest by the Captain and the Official of Inspection Traffic and Water State. Appropriate repair yard to leave. If the repair yard is located outside the Netherlands, it shall be determined by the conditions laid down by the competent authority of the flag State and approved by the official of the Inspection and Water State.
2 If the repair yard, referred to in paragraph 1, is located outside the Netherlands, the Official of the Inspection Traffic and Water State shall inform the competent authority of the State where the repair yard is located and the Administration of the relevant flag State, or consul, or in his absence, the nearest diplomatic representative, as well as the designated inspectors or the approved organisations responsible for issuing class certificates or legal prescribed certificates issued in accordance with the Treaties; of the conditions referred to in paragraph 1.
3 If the defect is intended to Article 7, first paragraph, part b , unable to be remedied without more at the port of detention, the official may, instead of allowing the vessel to leave the nearest repair yard on the basis of the first member, demand that this defect be remedied within a period of no more than 30 days.
4 To avoid port congestion, at the request of the Port Manager, the Official of the Inspection Traffic and Water State may allow a detained ship to move to another part of the port if that can be safely. They will
1 An official of the Inspection Traffic and Water State shall charge the cessation of an activity where there is no obvious hazard to safety, health and the marine environment.
2 An official of the Inspection Traffic and Water State shall lift the detention if:
(b) the operator's fee for the costs, Article 14, first paragraph , has satisfied whether or not the satisfaction of our Minister has provided sufficient security for the compensation for these costs.
3 By way of derogation from Article 3:41 of the General Administrative Law shall be the publication of the decision to remove the cessation of an activity or detention by issuing this Decision to the master.
4 The decision to abolish the cessation of an activity or to the detention is to be Article 8, second and third paragraphs , mutatis mutandis.
1 The port manager refuses access to the port of any ship, which:
a. Shipping under the flag of a State with an arrest rate covered by the blacklist established in accordance with the MOU on the basis of information recorded in the inspection database and as published annually by the European Commission; published more than twice, or whose deployment has been prevented more than twice in the previous 36 months in a port of a Member State or a State which has signed the MOU, or
b. sail under the flag of a State with an arrest rate covered by the grey list established in accordance with the MOU on the basis of information recorded in the inspection database and published annually by the European Commission; published more than twice, or whose deployment has been prevented more than twice in the previous 24 months in a port of a Member State or a State which is a signatory to the MOU.
2 The refusal of entry, referred to in paragraph 1, shall apply as soon as a vessel has left the port of a Member State where it has been held for a third time and where a decision has been made public to the master of the ship, the person responsible for the operation shipping and the flag State, informing them that the ship will be refused entry to all ports of the Member States.
3 The port manager of a port shall refuse a ship access to its port in the event of a detention of that vessel in a port of a Member State after a ship has already been granted a refusal of access on two occasions.
4 The port manager shall permanently refuse a ship access to a port if:
a. A vessel 24 months after the issuing of the refusal of access as intended Article 11a, first paragraph, introductory wording and point (b) , does not comply with the conditions referred to in Article 11a, paragraph 4, or
(b) a ship has been held at a port in a Member State and this arrest follows a third refusal of access.
5 By way of derogation from the provisions of the first to third paragraphs, the port manager may, in agreement with our Minister, permit a ship to travel to a port for the purpose of carrying out a reinspection of the ship as Reference is made to Annex VIII to the Directive.
1 Our Minister takes a decision as intended Article 11, second paragraph , if:
a. the third arrest, for the purpose of Article 11, first paragraph , takes place in a port,
b. the arrest provided for in Article 11, third paragraph , takes place in a port, or
c. the arrest provided for in Article 11, fourth paragraph, point (b) , takes place in a port, where it is also communicated that the refusal of access by the ship to all ports of the Member States is permanent.
2 Our Minister withdraws the decision referred to in the first paragraph, introductory wording and point (a) if a period of three months has expired after the publication of this Decision and is fulfilled in paragraphs 3 to 9 of Annex VIII to the Directive.
3 For a second refusal of access, the period referred to in the second paragraph shall be 12 months.
4 Our Minister draws the decision referred to in paragraph 1, introductory sentence and point (b) after the expiry of a period of 24 months, if within this period:
a. the ship is flying the flag of a State with an arrest rate which does not fall under the black or grey list referred to in paragraph 1;
(b) The statutory certificates and certificates of classification of the ship have been issued by an organisation or organisations which are, respectively, approved under Regulation (EC) No 248/EC of the European Parliament and of the Council. 391/2009 of the European Parliament and of the Council of the European Union of 23 April 2009 on common rules and standards for ship inspection and survey organisations (PbEU L 131),
(c) the ship is operated by a shipping company which performs well as referred to in Annex I, Section I. 1, of the Directive; and
(d) the conditions set out in Annex VIII, points 3 to 9 of the Directive are fulfilled.
5 Our Minister shall make the decision referred to in the first paragraph known to the master of the ship, the shipping company responsible and the flag State and shall transmit a copy to the organisations referred to in point 2 of Annex VIII to the Directive.
6 Our Minister shall inform the organisations referred to in points 10 and 11 of Annex VIII to the Directive in writing of the decision referred to in paragraphs 2 and 4 of this paragraph.
1 The port manager shall refuse to grant access to a vessel, with the exception of a fishing vessel, authorised to go to a repair yard, access to port, if that ship is out of a port of a Member State, or from the port of a Member State; or another port State which is affiliated to the MOU has departed from the sea:
a. Without having fulfilled the conditions laid down for the trip, or
b. Without moving to the chosen nearest repair yard.
2 The port manager shall confirm a refusal as referred to in the first paragraph in writing as soon as possible.
3 In a situation as referred to in paragraph 1, the port manager shall allow the ship in port when the master or operator considers the competent authority of the Member State where the fault is detected to be present to the ship; has demonstrated that the ship complies with the requirements of the Treaties.
By way of derogation from the provisions of Article 11 and 11b the port manager may, in agreement with our Minister, permit a ship in the port in case of force majeure, overriding safety reasons or to reduce or minimize the risk of pollution or to remedy shortcomings, provided the master, or the operator, in the view of the port manager, has taken sufficient measures to ensure the safe entry of the port.
1 Our Minister may decide to remove a ship from a port if it is established by an inspection that the certificate provided for in Annex IV, under 41, of the Directive is not on board.
2 The port manager of a port shall refuse a ship access to its port if, in respect of that ship, a decision has been taken in a port of a Member State to remove it for the purpose of non-boarding of the certificate, In Annex IV, point 41, of the Directive until the operator gives notification of such evidence.
1 The master and the operator of a ship are obliged to meet the conditions specified in Article 9, first paragraph, second sentence .
2 As long as a ship is refused entry to a port, it shall be prohibited from the master to enter the port.
3 The master of an arrested vessel shall be obliged to take berth after the boarding at a place of inspection by an official of the Inspection Traffic and Water State in accordance with the port manager.
4 If it is the master of a ship on the basis of Article 11, fifth paragraph ' If a ship is authorised to enter the port, the master and the operator shall be prohibited from carrying out cargo handling operations until the decision referred to in Article 11 (2) has been withdrawn.
1 It is the master of an apprehend ship prohibited to transfer that ship without prior approval from an official of the Inspection Traffic and Water State.
2 It is the master of a detained ship prohibited from sailing with that ship.
3 If an activity has been discontinued, the master and the operator shall be prohibited from continuing this activity, or resume this activity.
4 Without prior authorisation as referred to in paragraph 1, or as long as a vessel has been detained, all officials and registries concerned shall refuse to cooperate in the clearance and movement of the ship.
1 If a vessel, with the exception of a fishing vessel, has been detained, the operator of that ship shall pay the inspector general a fee:
a. for all the cost of the inspection, the more detailed inspection, the comprehensive inspection, or the check, intended Article 4 , which has led to the arrest,
b. for all inspection expenses, more detailed inspection, expanded inspection, or control, intended in Article 4 , which has led to its abolition, and
c. for all costs related to the detention at the port.
2 If a ship that has been denied access to port is subject to inspection before the decision, intended Article 11, second paragraph , shall be withdrawn or the ship on the basis of Article 11b, third paragraph , may be admitted, pays the operator of that ship to Our Minister a fee for the cost of this inspection.
3 In the case of ministerial arrangements, the fees shall be fixed for the allowances referred to in the first and second paragraphs.
1 Our Minister may, for certain tasks to be assigned by him, relate to the inspection, more detailed inspection, expanded inspection, or control, intended Article 4 , provide officials of other service branches at the disposal of the Inspection Traffic and Water State. If the posting of officials is subject to a Ministry other than that of our Minister, the decision shall be taken in accordance with the Minister of the other Ministry.
2 The decision referred to in the first paragraph shall be communicated in the Official Gazette .
1 The Articles 5:12 , 5:13 and 5:15 to 5:20 of the General Administrative Law Act , shall apply mutatis mutandis to an official of the Inspection Traffic and Water State in performing duties related to the inspection, more detailed inspection, expanded inspection or control, intended to be carried out in Article 4 , and on an official referred to in the Article 15, first paragraph .
2 An official of the Inspection Traffic and Water State carries, as necessary, by way of derogation from Article 5:12, third member, of the General Administrative Law -a certificate of identification, in accordance with the model referred to in Article 22 (4) of the Directive.
An official of the Inspect Traffic and Water State and an official referred to in the Ministry of Justice Article 15, first paragraph The competent authorities shall be empowered to enter into ships of the necessary equipment without the permission of the occupant.
An official of the Inspection Movement and Water State shall have the power to subject crew members to an examination of their professional competence, including their competence in the conduct of operational operations.
1 Against decisions of an official of the Inspection Traffic and Water State, or a port manager, any interested party may appeal to our Minister.
2 The appeal is written in the English language or in the English language.
(3) If the appeal is submitted by telex or by telex, the signature may, by way of derogation from Article 6: 5 of the General Administrative Law Act -No, don't move.
4 If immediate urgency, having regard to the interests involved, requires that, Our Minister may determine that the appeal suspends the operation of the decision against which it is addressed, with the exception of the decision that extends to the arrest or refusal of access of a vessel.
1 Our Minister is responsible for the handling of all complaints submitted.
2 By ministerial arrangement rules are laid down regarding the treatment of complaints as referred to in the first paragraph.
An operator who invokes an unnecessary arrest or undue delay on appeal to the Court shall bear the burden of proof thereof.
In the case of ministerial arrangements to implement the Chapters II to V and subject to the provisions of Articles 19, 21 and 23, first and second paragraphs, of the Directive, concerning the authorities:
a. with whom and how to consult an official of the Inspection and Water State, or by whom and in what manner to consult with him; or
b. To whom an official of the Inspection Traffic and Water State can or must report data, or by whom data can or should be reported to him.
In order to implement international agreements or decisions of international organizations on matters covered by this Law, detailed rules may be laid down under a ministerial arrangement.
1 A modification of Annex X to the Directive, of the model referred to in Article 22, paragraph 4, of the Directive or of Articles 19, 21 and 23, first and second paragraph, of the Directive, shall apply to the application of the Directive. Article 7, first paragraph, point (a) and second paragraph , 17, second paragraph , and 29 shall apply from the date on which the relevant amending Directive is to be implemented.
2 An amendment to the Treaties goes for the application of the Articles 3 , 4 , 7, first paragraph, point (c) and (third) , and Article 11a, third paragraph , as from the day on which the change in question was accepted by the Netherlands and entered into force at international level, shall apply.
3 An amendment to Annex 2 of the MOU goes for the application of Article 9, second paragraph , shall apply as from the day of entry into force of the amendment.
1 Infringement of Article 12, second paragraph, shall be punished with custody of a maximum of two months or a fine of the third category.
2 The offence referred to in the first paragraph shall be an infringement.
This Law shall enter into force on a date to be determined by Royal Decree.
This law is cited as: Port State Control Act.
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, 6 November 1997
The Minister of Transport and Water,
A. Jorritsma-LebbinkPublished the twenty-seventh of November 1997
The Minister of Justice,