Key Benefits:
Law of 8 October 1992, laying down provisions on the nationality of sea-going vessels in the Netherlands.
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 lay down legal provisions on the nationality of sea-going vessels in the Netherlands, in order to ensure that Dutch maritime transport is developed to ensure that it is developed to ensure that there is a permanent development of the Netherlands ' maritime transport. The Netherlands in an owner register 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:
For the purpose of this Act:
(a) seagoing vessels shall mean ships which, according to their construction, are intended solely or principally for floating in the sea, with the exception of:
1 °. Warships,
2 °. rescue vessels; and
3 °. sea-sea vessels;
b. hull-chartering: the agreement, whereby one party, the barter, undertakes to make a seagoing ship without crew available for a specified period of time to the other party, the barter charterer, without having any control over it. And the hull charterer operates the ship;
c. Our Minister: Our Minister of Transport and Water State;
d. to be published outside the Netherlands: book outside the Netherlands in a register similar to the public registers provided for in the Section 2 of Title 1 of Book 3 of the Civil Code ;
e. notaris: a notary established in the Netherlands.
1 There is a public bareboat register, held by Our Minister.
2 The hull-charting register shall contain the following information in respect of each seagoing vessel registered in the register:
(a) the name of the ship;
b. the name under which the ship is located outside the Netherlands;
c. the gross and net tonnage of the ship according to the letter of measurement issued by Our Minister;
d. the description of the ship, which shall contain the following information:
1 °. the type and layout of the ship,
2 °. the material of which the hull was made,
3 °. the other special features of the ship,
4 °. The unique ship identification number,
5 °. the name and location of the yard in which the ship was built;
6 °. the year of construction and the construction number,
7 °. the number of engines from which the propelling plant is composed, and
8 °. the type, the power, the manufacturer and the factory number of each engine;
e. the name and address of the office, where the ship is located outside the Netherlands, giving notice of the daily drawing and the numbering of the test statement;
f. the name and address of the owner;
g. The name and address of the bareboat charterer;
h. The day drawing of the charred hull contract and the length of time for which that contract is concluded.
3 Deserates free access to the hull-charting register, free of charge, and shall issue certified extracts from it at cost.
4 The purpose of the hull-charting register is to ensure that the rules adopted by or pursuant to this Law are properly implemented.
A seagoing vessel, which is located outside the Netherlands, may be entered in the hull-chartering register if the following requirements are met:
a. The ship has been surrendered in hull chartering to one or more of the following:
1 °. natural persons who are nationals of a Member State of the European Union, of any other State party to the Agreement on the European Economic Area, of Switzerland or of which a Member State is equivalent to EU nationals; as a result of the law derived from Community law;
2 °. companies governed by the law of a Member State of the European Union, one of the countries, islands or territories referred to in Article 299, second to fifth paragraph and sixth paragraph, point (c) of the EC Treaty, of another State which is a party to the the Agreement on the European Economic Area, or of Switzerland is applicable;
3. natural persons or companies not covered by a rate of 2 ° or 2 ° which are entitled to the European right of establishment under an agreement between the European Union and a third State;
b. The bareboat charterer has a principal place of business or an ancillary establishment in the Netherlands within the meaning of the Commercial Registry Act 2007 ;
One or more natural persons holding office in the Netherlands are responsible for the ship, the master and the other members of the crew on behalf of the ship, as well as the related matters and are responsible for the ship, the ship, the ship, the ship, the ship, the ship, the ship, the ship, the together with decision-making powers and have powers of representation;
d. One or more of the natural persons referred to in (c) or, when prevented from attending, an alternate shall continue to be accessible and have powers to act without delay in situations in which that commandments are provided;
e. the owner and the romper-if any of them are different from the owner-in writing, in order to obtain the status of Dutch ship;
f. the bareboat charterer accepts responsibility for the ship and its people who derive from the status of Dutch ship; and
g. under the legislation of the State where the ship is due, there are no impediments to obtaining the status of Dutch ship in connection with entering into a bareboat contract with a Dutch ship established in the Netherlands. hull charterer.
1 In the case of an application for registration of a seagoing vessel in the hull-charting register, the hull charterer shall provide the following information:
a. A recently authentic copy of the sea ship's teBook statement outside the Netherlands;
b. a recent copy of the entry in the trade register of the site of the bareboat charterer in the Netherlands from which he will operate the ship;
(c) an authentic copy of the rules in force of the charred charterer if that person is a legal person, or of the act of entering into a company or a company if the barter charterer is a company which is not incorporated or incorporated in the register; or a shipping company and an indication of a notary concerning the names and addresses of the directors or members of the main liability or of the members of the barnishing charterer, or if the charred charterer is a natural person. person is, a notarial indication of the name, address and nationality of the hull charterer;
d. an indication of the person or persons referred to in Article 3 (c) (c) ;
e. a written declaration of the barekeeper and the barter charterer in the Dutch or English language, that the former is committed to the vessel described in this declaration for the duration specified therein. to make the latter, without holding any control, and that the latter will operate the ship;
f. a written declaration of the owner of the vessel in the Netherlands or in the English language, as well as of the barkkeeper-if it is different from the owner-that they consent to the granting of the quality of the vessel; Dutch vessel to the involved seagoing ship;
g. a written declaration from the bareboard charterer certifying that he accepts responsibility for the ship and his or her people on board arising as a result of the status of Dutch ship;
h. The letter of measurement issued by Our Minister.
2 The hull charterer also shows, to the satisfaction of our Minister, that the ship is not entitled to fly the flag of the State where the ship is located outside the Netherlands, as long as the ship is registered in the Netherlands in the charred register.
3 Our Minister may make a statement about the authenticity of that in paragraph 1. A , require the said transcript. He may also require a translation of the copy by a sworn translator in the language of the Netherlands or in English.
4 Our Minister may for the part of the first paragraph, P. , f. and G , provide detailed rules for the said declarations. These statements must be accompanied by a statement made by a notary on the identity and powers of representation of the signatory.
5 Our Minister refuses the registration or allows it subject to conditions if the acquisition of the status of Dutch ship is not compatible with international obligations on the part of the Kingdom, under the conditions of law and order. would not be compatible.
6 Our Minister may attach to the tender conditions in order to ensure the satisfaction of claims arising from the master's contracts and the other members of the crew for at least one year.
1 By registration in the hull-chartering register, a sea ship, which is located outside the Netherlands, obtains the status of a Dutch ship.
2 The vessel shall lose the status of a Dutch vessel as from the day of the day of the cancellation of the registration in the register of bareboat.
Our Minister shall inform without delay any registration of a seagoing vessel in the case of the vessel owners and seafarers, as well as the competent authority of the office, where the ship is situated outside the Netherlands, of the office. Hull-charting register, and any amendment or supplement to registered data.
The bareboat charterer shall inform our Minister without delay in writing of changes in data relating to the bareboat contract, of entering into any further agreement, and of any changes in the circumstances, of the circumstances, of the may be interested in the registration or the cancellation of a registration of a seagoing vessel in the register of bareboat chartering.
1 Our Minister shall pass the registration of a seagoing vessel in the bareboat register by:
a. At the end of the hull-chartering agreement;
b. at the request of the bareboat charterer;
c. if submitted from data by the hull charterer according to the provisions of the Article 7 proves that the requirements are no longer met in the Article 3 ;
d. if our Minister has found that one or more of the data submitted is as referred to in Article 4 were incomplete or inaccurate that, if this were known at the time of the evaluation of the application for registration, the application would have been rejected;
e. if our Minister has disclosed facts or circumstances, preliminary cases have occurred after the time of filing, which are of such nature that no longer meets the requirements mentioned in Article 3 ;
f. if our Minister has found that the bareboat charterer has entered into agreements which have the effect of substantially affecting the responsibility of the bareboat charterer, or
g. if the status of Dutch ship is no longer compatible with international obligations of the Kingdom and its incompatibility cannot be lifted by the lodging of conditions.
2 Our Minister may pass the registration of a seagoing vessel in the hull-charting register:
a. For violation of Article 3, second paragraph, of the Sea letter Act ( Stb. 1963, 229);
b. if any of the facts arise, mentioned in Article 8, fourth paragraph, of the Law on the Sea ;
c. if the ship is used for the transport of narcotic drugs within the meaning of the Opium Law ( Stb. 1928, 167);
d. if the ship has been used in such a way that the relations of the Kingdom with one or more other States are severely disadvantaged;
e. if by Our Minister on the grounds of Article 4, fifth or sixth paragraph , conditions imposed are not complied with.
3 Our Minister shall immediately inform the shipowners 'and seafarers' representative organisations and the competent authority of the office, where the ship is located outside the Netherlands, of any decision to forward the registration of the registration of the vessel. a sea-going vessel in the hull-charting register.
1 The Second paragraph of Article 4 does not apply to seagoing vessels that are listed in the public register, mentioned in the Code of Commerce Aruba, Curaçao, or Sint Maarten.
2 Of a registration in the charred register, of any alteration or addendum of registered information, and of a cancellation of the registration of a seagoing vessel that is a tebuyer in Aruba, Curaçao or Sint Maarten, the Keeper of the vessel Ships ' certificates in Aruba, the Main Custodian Of Ship Certificates in Curaçao, informed the Main Depositary Of Ship Certificates in Sint Maarten forthwith in writing.
The barter charterer shall pay compensation in order to cover the costs incurred by the State in respect of each registration and any amendment to the registration of a seagoing vessel in the register of barter-charting. The level of compensation and the way in which it is collected shall be determined by our Minister.
1 With the monitoring of compliance with the case of Articles 3 and 8 Certain officials appointed by the decision of Our Minister of Transport and Water State shall be responsible.
2 Of a decision referred to in paragraph 1 shall be communicated by means of a decision of the Official Gazette .
3 The supervisors do not have the powers, mentioned in the Articles 5:15 and 5:17 to 5:20 of the General Administrative Law Act .
Our Minister shall report to the States-General for five years after the entry into force of this Act on the manner in which it has been applied.
1 This Act shall enter into force from the second day following the date of issuance of the State Sheet where it is placed.
2 The text of the Sea breeze Act is being led by Our Minister of Justice in the State Sheet placed.
This law can be cited as: Law nationality seagoing vessels in bareboat chartering.
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.
Given at The Hague, 8 October 1992
Beatrix
The Minister of Transport and Water,
J. R. H. Maij-Weggen
Issued the 20th October 1992The Minister of Justice
E. M. H. Hirsch Ballin
