Key Benefits:
Law of 15 December 2004 laying down rules for the safe loading and unloading of seagoing vessels (Wet loading and unloading seagoing vessels)
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 2001 /96/EC of the European Parliament and of the Council of the European Union of 4 December 2001 establishing harmonised rules and procedures for the safe loading and unloading of bulk carriers (PbEG 2002, L 13) is necessary to lay down rules on the safe loading and unloading of seagoing vessels;
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 This Act and its provisions shall, unless otherwise provided for in this Act, be defined as:
a. Our Minister: Our Minister of Transport and Water State;
b. SOLAS Convention: the Convention for the Safety of Life at Sea (Trb, adopted in London on 1 November 1974). 157) and the binding protocols, appendices and annexes thereto;
c. Loading and unloading Directive or Regulation: Directive, of the European Parliament and of the Council of the European Union, which is based on Article 80 (2) of the EC Treaty, relates to maritime transport and rules on procedures, duties and responsibilities before, during and after the loading or unloading of a ship, or on technical requirements, on the provision of information or on the handling of damage related to the loading or unloading;
d. delegated Directive or regulation: Commission Directive or Regulation of the European Communities based on a loading and unloading directive or regulation;
e. Fixed bulk charge: solid landfill charge referred to in Regulation XII/1 of the SOLAS Convention, excluding grain;
f. bulk ship: a ship as referred to in Regulation IX/1 of the SOLAS Convention and Resolution 6 of the 1997 SOLAS Conference, which is understood to mean:
1 °. a ship constructed with only deck, top-side tanks and hopper-side tanks in the cargo spaces, intended mainly for the transport of solid bulk cargo;
2 °. an ore ship: a seagoing ship with only deck, with two longitudinal bulkheads and a double bottom in the entire loading area, intended to transport only in the intermediate spaces of ore slayings; or
3 °. a combination carrier as referred to in Regulation II-2/3 of the SOLAS Convention;
g. terminal means a fixed, floating or mobile device equipped for the loading or unloading of solid bulk cargo in or out of bulk carriers and used for that purposes;
h. terminal operator: the owner of a terminal, or any other organisation or person to whom the owner has transferred responsibility for loading and unloading operations in the terminal for a particular bulk vessel;
the master: the commander of a bulk vessel or the ship's officer designated by the commander for loading or unloading operations;
j. ISO: International Organisation for Standard Disation;
k. Load-or Loplan: the plan, intended in Article 9, first paragraph ;
l. supervisor: the person who, unless otherwise specified, pursues Article 15, first or second paragraph , is designated, to the extent that he carries out a task for which he is responsible;
Class office: legal person authorised to carry out investigations on behalf of the flag State for the purposes of certification of a ship;
n. Inspector General: Inspector General of Inspection Traffic and Water State;
o. Officers of the Inspection Traffic and Water State: the officers designated by Our Minister for Inspection Traffic and Water State.
2 This law and the provisions adopted thereto shall, unless otherwise provided for in this Act, include grain: wheat, maize, oats, rye, barley, rice, pulses, seeds and their processed forms, the behaviour of which is equal to that of cereals in unprocessed state.
1 This Act shall apply to:
a. seagoing bulk vessels entering a terminal for the loading or unloading of solid bulk cargo;
b. Terminals served by bulk vessels to which this Law applies.
2 This Act does not apply to provisions which are used only in exceptional circumstances for the loading or unloading of solid bulk cargo in or from bulk carriers, or when the loading or unloading is exclusively used for the loading or unloading of bulk vessels. of equipment of the bulk ship.
1 The terminal operator verifies that a bulk ship operating a terminal operated by it is capable of operating for the loading or unloading of fixed bulk cargo.
2 In the case of a ministerial arrangement, it shall be established which aspects of a bulk vessel shall be verified for satisfaction of the first paragraph.
1 The terminal operator shall ensure that:
a. For the loading or unloading of fixed bulk, only bulk vessels shall be authorised in the terminal which can be safely afloat, taking into account factors relevant to the ministerial arrangement which are relevant in that context;
b. manuals shall be drawn up and made available to the captains of bulk vessels calling at the terminal to load or unload fixed bulk cargo.
2 The information contained in the manual referred to in paragraph 1 (b) shall be determined by ministerial arrangement.
1 The terminal operator shall ensure that a certified quality management system is developed and applied in the terminal, which shall comply with ISO standards to be established by ministerial regime or equivalent standards.
2 The quality management system shall be maintained in accordance with the standards referred to in paragraph 1 and shall periodically be subject to checks according to ISO standards or equivalent standards to be established by Ministerial Regulations.
3 In the case of ministerial arrangements, detailed rules may be laid down in respect of the obligations referred to in the first and second paragraphs.
The terminal operator shall set up one or more persons as terminal representatives in charge of the preparation, implementation and completion of loading or unloading operations at the terminal for the benefit of a particular bulk vessel.
1 The master shall communicate to the terminal representative well before the estimated time of arrival of the bulk ship at the terminal, the information to be established under ministerial arrangements.
2 The terminal representative shall, after receiving the first announcement of the probable arrival time of the bulk vessel, provide the master with the information to be provided by the ministerial order.
1 The master:
a. shall be responsible at any time for the safe loading or unloading of the bulk ship under its authority;
b. carried out before embarkation or unloading, and during loading or unloading, the tasks to be determined by ministerial arrangement;
c. ensures that he has received the data to be established under ministerial arrangement before loading solid bulk clodings.
2 The terminal representative:
a. effected before embarkation or unloading, and during loading or unloading, the tasks to be determined by ministerial arrangement;
(b) whether or not the master has at the earliest possible stage the information to be established by ministerial arrangement.
1 The master and the terminal representative shall agree on a loading or unloading plan, before any fixed bulk charge is loaded or unloaded, that shall ensure that the maximum longitudinal forces and bending moments established for that bulk ship shall be agreed upon. bulk ship will not be exceeded during loading or unloading. The loading or unloading plan shall be accompanied by the control lists to be established by ministerial arrangements.
2 Any change in the loading or unloading plan which, according to the master or the terminal representative, may affect the safety of the bulk vessel or crew shall be agreed upon in the form of a modified plan.
3 The master and the terminal representative shall sign the loading or unloading plan, including changes to the plan, and the check-lists referred to in paragraph 1.
4 In the case of a ministerial arrangement, rules may be laid down regarding the models to be used in the establishment or modification of the loading or unloading plan and the checklists referred to in paragraph 1.
1 The master and the terminal representative shall carry out the loading or unloading operations according to the agreed loading or unloading plan.
2 The terminal representative shall, in the case of loading or unloading of solid bulk, comply with the order of cull, the quantities to be loaded or unloaded and the rate of loading, as indicated in the loading or unloading plan, and the rate at which the discharge is loaded or unloaded.
3 Without prior consultation with and written agreement of the master, the terminal representative shall not deviate from the agreed loading or unloading plan.
4 The master and the terminal representative shall establish and maintain effective communication in order to respond to requests for information on the course of loading or unloading and to ensure that prompt action is taken. a direct order of the master or the terminal representative to stop the loading or unloading operations.
1 After loading or unloading, the master and the terminal representative shall make a written statement confirming that the loading or unloading has expired, according to the load or unloading plan, including any agreed changes.
2 The other information contained in the written declaration shall be determined by ministerial arrangement.
The loading or unloading plan and any subsequent agreed changes shall be kept by the master and the terminal representative for a period of six months.
The terminal representative shall set up the supervisor, Article 15, first paragraph , and the master was immediately aware of any deficiencies detected by him on board a bulk vessel, which may endanger the safety of the loading or unloading of solid bulk.
1 Where damage is made to the structure or equipment of the bulk ship during loading or unloading, this damage shall be reported to the master by the terminal representative and repaired if necessary.
2 When the damage referred to in paragraph 1 may adversely affect the sturdiness of the structure, the watertightness of the hull or the essential technical installations of the bulk carrier, the competent authorities of the vessel shall be responsible for the conditions of the relevant flag State or the relevant class office, and the supervisor, referred to in Article 15, first paragraph , notified to it by the master or the terminal representative.
Once the terminal representative or the master has complied with his obligation under the second paragraph, that obligation shall be waived for the other.
4 The supervisor, referred to in Article 15, first paragraph , decides whether the damage referred to in paragraph 2 shall be repaired without delay, taking into account any advice given by the competent authorities of the flag State or the class office concerned, and with that of the master.
1 With the supervision of compliance with or pursuant to this Act, the officials of the Inspection Traffic and Water State shall be responsible.
2 The supervision of compliance referred to in paragraph 1 shall also be responsible for officials of other servants appointed by the decision of Our Minister for certain tasks. If the appointing authority is responsible for a Ministry other than that of our Minister, the relevant decision shall be taken in accordance with our Minister for whom it is to take effect.
3 By ministerial rules, rules may be laid down concerning the manner in which the officials referred to in the first or second member of the Member State concerned carry out their duties.
4 Of a decision referred to in the first or second paragraph shall be communicated by the State Official Gazette.
1 The supervisor shall stop the loading or unloading of fixed bulk clodings if it has clear indications that the safety of the bulk vessel or crew would be endangered by the loading or unloading operations.
2 The supervisor may terminate the loading or unloading of fixed bulk clothingin order to maintain the prohibition specified in Article 19, first paragraph , a prohibition as referred to in Article 24, fourth paragraph , or if a designation as referred to in Article 22 is not followed.
3 The supervisor shall lift the discontinuation of loading or unloading under the first paragraph if the safety of the bulk vessel or crew is no longer placed at risk by the loading or unloading operations.
4 Section 5.3.1 of the General Administrative Law Act shall not apply to the power referred to in the first paragraph.
1 The supervisor, referred to in Article 15, first paragraph , a bulk ship may be held if damage caused during loading or unloading of fixed bulk is liable to endanger the safety of the bulk vessel or crew.
2 The supervisor shall lift the detention if the damage has been repaired in such a way that the safety of the bulk vessel or crew will no longer be endangered.
3 Section 5.3.1 of the General Administrative Law Act shall not apply to the power referred to in the first paragraph.
1 By way of derogation from the first paragraph of Article 3:41 of the General Administrative Law, the publication of the decision to stop loading or unloading or detention to the extent that it is addressed to the bulk ship shall be published by the issuing of this Decision. The captain.
2 If it is not possible to award to the master, the publication of a decision referred to in paragraph 1 shall be published by the competent authority as soon as possible by the award of this decision to the person most concerned. followed by notification to the master.
3 The supervisor shall immediately notify the Administration of the flag State concerned or the Consul or, in his absence, the nearest diplomatic agent, in writing of the cessation of loading or unloading or detention; and the circumstances which led to the cessation or arrest, in knowledge.
4 The first, third and third paragraphs shall apply mutatis mutandis to decisions on the lifting of cessation of loading or unloading or to the removal of detention.
1 It is the terminal operator prohibited from loading or unloading bulk ships in its terminal without at or under the command. Articles 3 to 6 to fulfil its obligations.
2 If the loading or unloading has been stopped, the master, the terminal representative and operator shall be prohibited to continue loading or unloading, or to resume loading or unloading as long as the cessation has not been lifted.
3 It is the master of an apprehend bulk ship prohibited from moving that ship without prior approval from the supervisor.
4 It is the captain of an apprehend bulk ship prohibited from sailing with that ship.
5 Without prior authorisation as referred to in paragraph 3, or as long as the bulk ship has been held, all officials and registries concerned shall refuse to cooperate in the clearance and movement of the bulk vessel.
1 Against decisions of a supervisor, any interested party may institute proceedings with our Minister.
2 Article 6:5, third paragraph, of the General Administrative Law Act does not apply to appeals in the English language.
1 Our Minister grants an application for a maximum of 12 months waiver of the obligation, according to the Article 5 for the purpose of a terminal taken into operation after 5 February 2005, if the terminal operator has demonstrated sufficient plans to be in that terminal a quality assurance system as specified in Article 5, first paragraph -To introduce it.
2 In addition to Article 4.2, first paragraph, of the General Administrative Law Under ministerial rules, rules may be laid down in relation to the application procedure.
The supervisor, referred to in Article 15, first paragraph , may give a clue to the terminal representative and the captain on the application of the Articles 9 to 11 .
1 The costs associated with the processing of the application and the issue of the waiver, referred to in Article 21, first paragraph , or a waiver as intended Article 24, fifth paragraph , and duplicates and certified copies of a waiver shall be charged to the applicant for the exemption.
2 The charges for the reimbursement of costs shall be fixed by ministerial order.
3 The procedure referred to in paragraph 2 may stipulate that the reimbursement of costs prior to the examination of the application and the issue of the exemption, as well as duplicates and certified copies of the derogation, or in time limits, may be determined shall be paid.
1 By or under a general measure of management, for the implementation of loading and unloading directives or for implementing provisions of the SOLAS Convention relating to shipping and to rules on procedures, tasks and procedures, responsibilities before, during and after the loading or unloading of a ship, or about technical requirements, disclosures or the handling of damage in connection with loading or unloading, rules are set.
2 In the case of ministerial arrangements, rules may be laid down for the proper implementation of the loading and unloading regulations and of the delegated regulations.
3 In the case of ministerial arrangements, rules may be laid down for implementation of delegated directives.
4 The rules, referred to in paragraphs 1 to 3, may stipulate that the terminal operator may be prohibited from loading or unloading ships in its terminal without the use of, or under certain articles of that general measure of, ships in the terminal. to fulfil obligations under certain articles of the scheme.
5 The rules referred to in the first to third paragraphs may, for the purpose of implementing the loading and unloading directives, delegated directives, or implementing provisions of the SOLAS Convention referred to in the first paragraph or for the proper implementation of the provisions of the SOLAS Convention of loading and unloading regulations and delegated regulations shall stipulate that our Minister may waive the prohibitions and obligations imposed by or pursuant to those rules.
6 A derogation as referred to in the fifth paragraph may be granted under restrictions. Rules may be attached to the exemption.
7 Conduct in violation of the restrictions and conditions referred to in paragraph 6 shall be prohibited.
An amendment to the SOLAS Convention shall apply to the application of this Act from the date on which the amendment in question enters into force at international level, except where a ministerial order published in the Official Journal of the European Union is published. shall be determined.
On Article 5, first paragraph , it will be:
(a) in respect of the development and application of the quality management system, at the latest from 5 February 2005;
(b) as regards the certification of the quality management system at the latest from 5 February 2006.
This Law shall enter into force on a date to be determined by Royal Decree. That decision shall apply, where appropriate, to Article 16 of the Temporary Referendum Act.
This law is cited as: Law loading and unloading seagoing ships.
Burdens and orders that it will be placed in the Official Gazette, and that all ministries, authorities, colleges and officials who so concern will keep their hands on the precise execution.
Given at The Hague, 15 December 2004
Beatrix
The Minister of Transport and Water,
K. M. H. Peijs
Issued the 23rd December 2004The Minister of Justice,
J. P. H. Donner
