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Rijkswet Emergency Facilities Shipping

Original Language Title: Rijkswet Noodvoorzieningen Scheepvaart

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Rijkswet of 23 June 1972, providing for exceptional circumstances in the field of marine 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 necessary to impose new rules to ensure that, in the event of war, danger of war, related or related exceptional circumstances, in the interests of the Kingdom, be able to obtain the transfer and movements of goods or persons with sea-going vessels under the flag of the Kingdom and the unlimited disposal of them can be obtained;

It is true that we, the Council of State of the Kingdom, and with the common accord of the States-General, considered the provisions of the Statute for the Kingdom, have been deemed to have been approved and understood to be the same as This:


I. Introductory Provisions

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Article 1

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For the purposes of applying to or under this State law, the following definitions shall apply:

  • a. "Our Minister": Our Minister of Transport and Water State;

  • b. "Ship under the flag of the Kingdom":

    • 1 °. a ship which, under the laws of the Netherlands, is entitled to fly the flag of the Kingdom of the Netherlands, other than a warship, or

    • 2 °. a Dutch fishing vessel, which is used in commercial terms for sea fishing, inshore fishing or fishing on the IJsselmeer, in the sense of the Fisheries Act 1963 , either

    • 3. a ship which, in accordance with the rules of law in force for Aruba, Curaçao, or Sint Maarten, is entitled to fly the flag of the Kingdom of the Netherlands, or

    • 4 °. a national regulation of Aruba, Curaçao, or Sint Maarten as such in Aruba, Curaçao, or Sint Maarten homebelonging to the home.

  • c. "shipower" shall mean the owner or, in the case of hull-charting, the barter charterer.

  • d. "Register of ships" means the public register for the testing of maritime vessels of Aruba, Curaçao, or Sint Maarten, as a result of the registration of the sea.


Article 2

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  • 2 Where the decision referred to in the preceding paragraph has been taken, we shall without delay propose to the States-General a proposal from the State Act concerning the continuation of the power.

  • 3 Is the session of the States-General closed, then they shall be convened immediately by Us in extraordinary session.

  • If the proposal is withdrawn or rejected, the power shall expire on the fourth day following the date on which revocation or rejection took place; this time shall be communicated to us without delay.

  • 5 Upon nomination of Our Minister-President, we can revoke the power.

  • 6 Without prejudice to the provisions of the fourth paragraph, the jurisdiction shall not and shall not end before our decisions, which are referred to in the first, or the preceding paragraph, are generally known in the manner in which it is to be determined by us.

  • 7 Our decisions referred to in the first and the fifth member, are placed in the State Gazette, in the Afkoner magazine of Aruba, in the Official Journal of Curaçao and in the Afkoner leaf of Sint Maarten.


Article 3

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  • 2 measures taken by Our Minister under paragraph 1 shall lapse after a week unless a decision as referred to in Article 1 has been taken the first paragraph of Article 2 is in effect.


II. Restrictive measures

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Article 4

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Our Minister may give instructions to ship owners under the flag of the Kingdom for the destination of the trip, to the use or avoidance of certain ports and waters and to the goods or persons to be transported; on ships situated outside the jurisdiction of the Kingdom, the indications may also be given to the master of the ship; the ship owners and masters of the ships are required to follow the instructions; Indications may not extend to the provision of shipping space. In cases to be notified or under general rule, the shipower shall be paid a fee for the damage resulting from the instructions given pursuant to this Article; the compensation shall be determined in accordance with the conditions laid down in Article 3 (1) of the Regulation. described in Article 24 .


Article 5

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  • 1 Our Minister may prohibit, without the general or special authorization granted by him:

    • to edit or collaborate to transfer a ship under the flag of the Kingdom to the property, in use or at the disposal of the vessel;

    • (b) be used as the owner, owner, or master of a ship under the flag of the Kingdom, or to work to the effect that a ship begins to travel, travel or travel or carry out a journey.

  • 2 A licence as referred to in paragraph 1 may be subject to rules; these rules may not extend to the provision of space.

  • 3 Our Minister may determine that there is no act as a consequence of a ship flying the flag of the Kingdom as intended to Article 1, b, below 1 °, 2 °, 3 °, 4 ° or 5 ° He or she loses the status of a ship of one of the other parts of the Kingdom, unless he has been declared by him that there is no objection to the loss or otherwise of the acquisition of a vessel.

  • 4 A ban pursuant to paragraph 1 and a provision under the third paragraph shall be disclosed in the Official Gazette, in the Landscourant of Aruba, in the Curaçao Courant and in the Landscourant of Sint Maarten.


III. Proceedings for ship's premises

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Article 6

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  • 1 Our Minister is competent to claim that space in a ship under the flag of the Kingdom is made available for use in accordance with his instructions.

  • 2 The claim may concern the cargo hold of the ship or part thereof, or the passenger compartment or any part thereof. The journey or time for which the cargo hold or the passenger compartment is to be applied shall be determined. In the case of a part of the cargo area or on the passenger compartment, the claim shall be made only for the voyage or part of the journey to which the ship is intended, and shall determine the quantity of goods for the purpose of the action, (i) the number of persons for which the claim is to be made.

  • 3 As far as possible, the Minister shall take account of the normal conditions of chartering and transport provided for in the navigation in question, as provided for in the first paragraph.

  • 4 The claim shall be disclosed to the shipower and the owner of the ship, or if one of them is unreachable, to the other alone. His owner and owner both unattainable then the announcement shall be made to the master. The claim may be made orally or telegraphically in urgent cases, in which case it shall be laid down in a decision as soon as possible. If the publication in Aruba, Curaçao or Sint Maarten is not possible in the manner provided for in this paragraph, it shall be made in a different manner.

  • 5 The captain of the ship, in which space has progressed, shall be obliged to make available to our Minister this space for the trip or time determined by the action. If the ship is not under the order of a master, the shipower shall be obliged to the shipower, or if there is no shipower, to the owner.


Article 7

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The compensation granted for the supply of vessel to the ship owner shall be determined in accordance with the conditions laid down in the Annex. Article 24 .


IV. Application of ships in use

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Article 8

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Our Minister is empowered to make use of any or all of the vessels flying the flag of the Kingdom, or certain groups thereof.


Article 9

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  • 1 The claim of a particular ship shall be disclosed to the shipower and the owner of the ship, or if one of them is unreachable, to the other alone. His owner and owner both unattainable then the announcement shall be made to the master. The claim may be made orally or telegraphically in urgent cases, in which case it shall be laid down in a decision as soon as possible. If the publication in Aruba, Curaçao or Sint Maarten is not possible in the manner provided for in this paragraph, it shall be made in a different manner.

  • 2 One or more groups of ships, or all ships flying the flag of the Kingdom, shall be applied in use, the claim may be made by a single decision.

  • 3 The date and the place at which the ship is to be placed at the disposal of Our Minister shall be indicated in the proceedings.

  • 4 The captain of the advanced ship shall be obliged to make this ship available to our Minister for the place and time specified in the proceedings. If the ship is not under the order of a master, the shipower shall be obliged to the shipower, or if there is no shipower, to the owner.

  • 5 The posting shall be made out by the person empowered by our Minister to take over the ship.

  • 6 This declaration shall indicate the place and time of the posting and the name and brand of the ship; it shall be signed by the vessel owner or by the owner or on the owner's behalf; if the shipower or the owner or the owner is the owner or the owner of the ship, Captain refuses to sign, this refusal and the reason for that refusal shall be indicated in the declaration.

  • 7 A copy of the declaration shall be handed over to the vessel owner, the owner and the master as soon as possible.

  • 9 At the disposal of the vessel, or as soon as possible thereafter, one or more experts, appointed by our Minister, shall draw up a report on the ship's condition and inventory; if possible, the owner shall, or if so, be is unreachable, the master summoned to the examination of the ship by the expert or experts to be present or represented. If the owner or the master is present or represented, the report shall be signed by or on the name of the owner. If one or more of the persons referred to in the preceding sentence refuse to sign, such refusal and the reason therefor, shall be indicated in the report. A copy of the report shall be handed over to the owner and the master as soon as possible.

  • 10 The fuel, supplies and other consumables present on board the ship at the time of making available supplies to the vessel shall be granted to the Netherlands at a fee, fixed at the time of posting. the manner specified in Article 24 .


Article 10

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  • 1 Our Minister is empowered the vessel, which is under the jurisdiction of the Article 8 shall be made available for the purpose of any purpose, including:

    • a. Rent out and otherwise make available to another person;

    • b. recover and grow.

  • 2 Any income and expenses arising after the ship has been made available for the purpose of exercising the powers provided for in paragraph 1 shall be borne by the Netherlands and shall be borne by the Netherlands.


Article 11

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  • 1 Upon Termination of the use by Our Minister, it shall make it available to the owner as far as possible in a port to be determined by agreement with the owner, from which traffic is actually possible with seagoing vessels.

  • 2 A report on the situation and the inventory of the ship shall be drawn up by one or more experts appointed by our Minister, as soon as possible, or as soon as possible; if possible, the owner shall be given the opportunity to called, present or represented in the investigation of the ship by the expert or experts.

    If the owner is present or represented, the report shall be signed by or on behalf of him.

    If the owner refuses to sign his/her representative, such refusal and the reason therefor, shall be indicated in the report. A copy of the report shall be handed over to the owner as soon as possible.

  • 3 The fuel, supplies and other consumables available for the operation of the ship at the time of the making available on board the ship shall, in so far as their quantity does not exceed the normal supply, be exceeded. is to be owned by the owner of the ship at a fee, determined in accordance with the rules, described in Article 24 .

  • 4 If the ship is not made available to the owner in the condition in which it is not at the time of claim, but with the exception of normal wear, a fee shall be granted to the owner on account of the failure to take the ship. perform repair or impairment which the ship, having regard to its original purpose, during the period of time it has been at the disposal of Our Minister as a result of changes, alterations, or use under extraordinary has been subject to circumstances for the owner; in the case of a value increase because of causes such as those mentioned above, the owner is obliged to pay a fee.

    Compensation for repairs to the ship shall not be granted if the damage caused has not arisen as a result of the use of the ship by Our Minister or not due to circumstances in which the ship has been used. The action was taken before the posting has been made, as a result of the action. The fees shall be determined in accordance with the procedures laid down in Article 24 .

  • 5 A fee for the ship to be carried out shall be granted only to the extent that they are carried out. Our Minister is able to waive this condition.

  • 6 After the ship is placed at the disposal of its owner, the debts and claims listed in Section 3 of Title 3 of Book 8 of the Dutch Civil Code, or in so far as it concerns an Aruban, Curaçao or Sint Maartens, may be seagoing vessel or fishing vessel belonging to it, mentioned in the corresponding statutory provisions of Aruba, Curaçao or Sint Maarten, and arising during the use by Our Minister, shall no longer be recovered from the ship.


Article 12

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  • 1 The allowance, which is granted to the owner and the fruit user of the advanced ship for use, shall be determined in accordance with the conditions laid down in Article 24 .

  • 2 The allowance shall be paid to the shipower for the costs which he has had to incur in order to comply with the claim, in so far as it exceeds the costs which he, as a consequence, saved on the current journey, shall be determined on the basis of: the manner, defined in Article 24 .

  • 3 The allowance for use as referred to in paragraph 1 of this Article shall also be granted over time, that the ship cannot be exploited by Our Minister after its use due to the execution of the ship in question. Article 11 (4) -, the repairs referred to.


Article 13

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  • 1 The allowance to be granted to the owner and the usufruct if the ship has been lost during use by Our Minister, or has been lost before the posting has been lost due to circumstances in which the ship has been lost. if the action has been taken on the action, it shall be determined in accordance with the conditions laid down in Article 24 . Compensation for loss of the ship shall not be granted if it has not been lost as a result of the use of our Minister or has not been lost as a result of circumstances, in which it has been made available before the posting, was due to the action taken.

  • 2 The allowance is granted to the owner only if it is spent for the construction of new shipping space; our Minister may waive this condition.

  • 3 The owner, who is entitled to this allowance, may transfer his right only to the Dutch within the meaning of Article 311 of the Dutch Code of Commerce -or to the Dutch in the sense of the Curaçao-sea letter decision of 1933, such as that decision since the entry into force of the Law on nationality and residency rules of 1951 ( Stb. 593) must be understood.


Article 14

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Our Minister may agree with the owner that the fee payable under the previous article will be fully or partially fulfilled by the inpayment of one or more ships.


Article 15

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  • 1 A under Article 8 During use by Our Minister, the ship has not been susceptible to seizure, for extraction or for sale by a mortgage creditor. Herds already covered expire at the time specified in Article 9 (3) .

  • 2 The inindebted on the ship, existing at the time of the claim in use, are privileged on the fees to the owner, intended in Article 11 (4) , and Article 13 , as long as they are due; if the ship is in charge of a mortgage, the mortgage creditor has until the amount of its mortgage enrolon the fees to the owner, intended to Article 11 (4) , and 13 -As long as they're due. The debts for which a privilege or a pledge is applied according to the preceding sentence shall be applied to the owner in the case of priority over all debt from others, as a priority; their mutual ranking shall be determined by the order in which the debt is they were obtainable prior to the exposure to the ship.

  • 3 As determined in the preceding paragraph, it shall not affect the rights of the creditors, whose debt was privileged at the time of claim, to the story of the ship itself, after the owner has been made available to the owner.

  • 4 If the ship was responsible for the mortgage, Article 14 no application, unless the mortgage creditor receives or consrelates to the amount of principal, which under the contract with the debtor was due immediately after the loss of the ship, with the interest thereon or conslated to in the inpayment environment Of vessel space. Were the creditor and the debtor agreed, that the creditor in case of sale of the vessel, if it was a ship as intended Article 1 b. 1 ° and 2 ° , concerned, would issue a statement as referred to in Article 274 of Book 3 of the Dutch Civil Code, and if it is a ship as intended Article 1 b. 3 °, 4 °, 5 ° and 6 ° in the case of a payment of a certain amount, the debtor shall, after payment of that amount, be free to enter into an agreement as referred to in Article 4 (1) of the Treaty. Article 14 to go.


V. Ownership of ships

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Article 16

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  • 1 Our Minister is empowered to claim ownership of a ship under the flag of the Kingdom of the Kingdom of the Netherlands.

  • 2 The claim shall be disclosed to the owner of the ship, or if it is unreachable, to the master. If the shipower is different from the owner, the claim shall also be published to the shipower. If the publication in Aruba, Curaçao or Sint Maarten is not possible in the manner provided for in this paragraph, it shall be made in a different manner.

  • 3 The date on which the ship is to be transferred to the Netherlands shall indicate the date at which it is to be transferred.

  • 4 The captain of the advanced ship shall be obliged to make this ship available to our Minister for the place and time specified in the proceedings. If the ship is not under the order of a master, the shipower shall be obliged to the shipower, or if there is no shipower.

  • 5 The transfer shall be made out by the person authorized by our Minister for the transfer of the vessel.

  • 6 This declaration shall indicate the place and time of the transfer, the name and the brand name of the ship; it shall be signed by the owner or on his behalf by the master; if the owner or the master refuses to sign the declaration, This refusal, and the reason therefor, shall be indicated in the declaration.

  • 7 The transfer of ownership of the vessel to the Netherlands shall be transferred to the Netherlands, free of all charges and duties thereon.

  • 8 In respect of ships referred to in Article 1 b. 1 ° and 2 ° , the declaration is entered in the public registers provided for in Section 2 of Title 1 of Book 3 of the Dutch Civil Code. With regard to ships as intended Article 1 b. 3 °, 4 °, 5 ° and 6 ° the certificate shall be transferred to the ship register, in which the ship has been drawn up; the mortgage bids which are resting on the ship at the time of the transfer shall be removed from the ship's register of its own motion; if such a register is to be registered, the ship's register shall be transferred from the ship's register. are inaccessible, then the statement shall be transcribed in another register to be indicated by Our Minister.

  • 9 A copy of the statement shall be handed over to the owner and the master as soon as possible.

  • 10 In the event of the transfer of ownership, or as soon as possible thereafter, a report on the condition and inventory of the ship shall be drawn up by one or more experts appointed by our Minister; where possible, the owner shall, or, if possible, be is unreachable, the master summoned to the examination of the ship by the expert or experts to be present or represented. If the owner or the master is present or represented, the report shall be signed by or on the name of the owner. If these or any of them refuse to sign, such refusal and the reason therefor, shall be indicated in the report. A copy of the report shall be handed over to the owner and the master as soon as possible.

  • 11 The fuel, supplies and other consumables available for the operation of the ship at the time of the transfer of ownership of the ship shall be owned by the Netherlands at a fee, determined on the basis of the Method described in Article 24 .


Article 17

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  • 3 Our Minister may agree with the owner that the compensation due under the first paragraph will be fully or partially fulfilled by the inpayment of one or more ships; Article 15, fourth paragraph , shall apply mutatis mutandis.

  • 4 As long as the claim for transfer of property is not fulfilled, our Minister may transfer the requested vessel to the person of whom the ship was used for the purpose of determining the amount to be determined for the satisfaction of the claim. advanced. The amount shall be determined in accordance with the conditions laid down in Article 24 The transfer shall be made out in a declaration which, if the ship is intended to be Article 1, point B , 1 ° and 2 ° The Minister should, as soon as possible, register in the public registers provided for in Section 2 of Title 1 of Book 3 of the Dutch Civil Law [ textcorrection: "Wetoek" must be "Code"], and which if it is a ship as intended Article 1, point B , 3 °, 4 °, 5 ° and 6 ° It shall be transferred to the ship register, in which the ship is tebutiated. Article 15, fourth paragraph , shall apply mutatis mutandis.

  • 5 The inindebted on the ship, consisting at the time of the claim in property, are privileged to pay the fee to the owner, referred to in the first member, as long as this fee is due; if the ship is mortgage in charge of a mortgage creditor to the amount of its mortgage subscription, the mortgage is remunerated to the owner, referred to in paragraph 1, as long as the remuneration is due. The debts for which a privilege or a pledge is applied according to the preceding sentence shall be applied to the owner in the case of priority over all debt from others, as a priority; their mutual ranking shall be determined by the order in which the debt is they were obtainable prior to the exposure to the ship.


Article 18

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  • 1 Unless it is necessary for the purpose of warfare, the ship shall not be alienated to any other, before the person whose ship was advanced has been given the opportunity to acquire the property of the ship.


VI. General provisions

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Article 19

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  • 1 If our Secretary of State wishes to avail of the powers conferred upon him by this Law on the subject of Aruban, Curaçao or Sint Maartense seagoing vessels or fishing vessels belonging to them in Aruba, Curaçao or Sint Maarten, or Dutch ships carrying out a regular operation on Aruba, Curaçao or Sint Maarten, he is doing so after consultation with the Minister Plenipotentiary concerned. Our Minister shall inform the Minister Plenipotentiary of the measure taken.

  • If our Minister wishes to avail himself of the powers conferred upon him by this Law on the Law of the Netherlands, he will do so after consultation with our Minister of Agriculture and Fisheries.


Article 20

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For the purposes of this state law in Aruba, Curaçao or Sint Maarten, Our Minister of the powers conferred upon him may grant mandate to our Governor there. Our Minister, after consultation with the Minister in question, shall give instructions for the exercise of these powers.


Article 21

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If Our Minister or Our Governor assigns persons to progress on his behalf, to grant or act in accordance with Article 22, second paragraph , they must be provided with a general or special written authorisation to that effect, which shall indicate until which date it shall apply. Such authorisation may be omitted in cases of urgency, provided that the designation of the persons has been widely known by the means at which it is to be used.


Article 22

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  • 1 The owner and owner of an advanced ship or of a ship in which space has progressed shall be obliged to provide any assistance which may reasonably be required of them, in order to enable the master to meet the obligations, imposed on Article 6, fifth paragraph , 9, fourth member and 16, fourth member -To find out.

  • 2 Where an obligation to make provision of a vessel or space in a ship, imposed by the articles referred to in the preceding paragraph, is not or is not fully complied with, our Minister may, if necessary, use the strong arm of the Decision on the provision of advanced provision.


Article 23

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The amounts of the fees, which shall be paid by the Articles 4 , 7 and 9, Tenth Member , 11, third and fourth member , 12, first and second members , 13, first paragraph , 16, 11th member and 17, first paragraph Owners, usufruct or vessel owners shall be granted or are owed by owners, payable to the Netherlands, respectively.


Article 24

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  • 2 The amount of the allowance shall be determined, if possible, by our Minister in agreement with the person concerned.

  • 3 After agreement is reached, a document setting out the corresponding statement shall be made out and shall be signed by the party concerned and by or because of our Minister. Both of these documents received a copy of that evidence.

  • 4 The determination of the amount of the allowance to be paid to interested parties, with whom no agreement has been reached on the matter, shall be made:

    • 1 °. in the district court, in whose jurisdiction the person concerned resides, if the person residing in the Netherlands, with the exception of the public entities Bonaire, Sint Eustatius and Saba, resides;

    • 2 °. by the Common Court of Justice of Aruba, Curaçao and Sint Maarten, and of Bonaire, Sint Eustatius and Saba, if the person concerned is resident in Aruba, Curaçao, Sint Maarten or the public bodies Bonaire, Sint Eustatius or Saba;

    • 3 °. in Amsterdam, if the person concerned does not reside within the Kingdom.


Article 25

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  • 1 The amount of the Article 24, fourth paragraph The said fee shall be determined by the court at the request of the party concerned or by our Minister. The proceedings shall be brought by the applicant in an application in triplicate in which the name and address of the party concerned are given, together with the amount of the allowance which is required.

  • 2 The court determines the day on which the matter will be declared for roll call. The day shall not be later than six weeks after the application, to which the application was received at the Registry.

  • 3 The Registrar shall notify the applicant and the other party by letter of this day's notice drawn up. Between the day on which this notification was sent and the day referred to in the second paragraph must be at least four weeks. A copy of the application shall be annexed to the notification to the other Party.

  • 4 The notification referred to in paragraph 3 shall have the force of a summons.

  • 5 The judgment shall be authorised only in cassation.

  • 6 The provisions of civil procedure of the country in which the court is established are applicable to the proceedings in so far as they have not been derogated from by the Law of the Law of the European Union.


VII. Penal provisions

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Article 26

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  • 1 The master, the owner or the owner, who intentionally does not comply with a hem at Article 6, fifth paragraph , 9, fourth member , or 16, fourth member Any obligation imposed on it and, intentionally prevented, obstructed or obstructed by any other obligation imposed on it, shall be punished by imprisonment of up to ten years or a fine of € 45,000,-or, if the person concerned has not, Fine shall be imposed by the criminal court in the public sector, Bonaire, Sint Eustatius or Saba, a fine of up to USD 56,000,-or if the fine is imposed by the criminal court in Aruba, Curaçao or Sint Maarten, (a) a fine of up to 100 000-000-or, at most, EUR 100 000.

  • 2 He, whose fault is due to an obligation of failure to comply with the preceding paragraph, or to obstruct, impeded or deranise the fulfilment thereof, shall be punished by imprisonment or custody of not more than one year, or a fine of up to € 22,500,-or, if the fine is imposed by the criminal court in the public sector Bonaire, Sint Eustatius or Saba, a fine of up to USD 28,000,-or if the fine is imposed by the Penalty rate in Aruba, Curaçao or Sint Maarten, a fine of up to 50 000 000,- $50,000 in the first place.


Article 27

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  • 1 He who intentionally prohibits as intended in Article 5 failure to comply with a condition laid down in that Article shall be punished by imprisonment not exceeding five years or of a maximum of € 45 000,-or, if the fine is imposed by the criminal court in the public Bonaire, Sint Eustatius or Saba, a fine of up to USD 56,000,-or if the fine is imposed by the criminal court in Aruba, Curaçao or Sint Maarten, a fine of up to 100 000 000,-of which the fine is not higher than the amount of 100,000,-.

  • 2 He to whose debt is due, that a ban as intended in Article 5 violation of a condition laid down in that Article, shall be subject to imprisonment or imprisonment not exceeding one year or a fine of up to € 22,500,-or, if the fine is imposed by the penalty rate in public entities Bonaire, Sint Eustatius or Saba, a fine of up to USD 28,000,-or if the fine is imposed by the criminal court in Aruba, Curaçao or Sint Maarten, a fine of up to 50 000 000,- $50,000 in the first place.


Article 28

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He who trades at odds with a him under Article 4 given designation, it shall be punished with custody not exceeding six months or a fine of up to € 4,500,-or, if the fine is imposed by the criminal court in the public sector, Bonaire, Sint Eustatius or Saba, a fine of a maximum of USD 5,600,-or if the penalty is imposed by the criminal court in Aruba, Curaçao or Sint Maarten, a fine of up to 10 000 000-or more than 10 000 per year.


Article 29

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The facts, punishable by the Articles 26 and 27 , are considered to be crimes; the facts, punishable by Article 28 shall be considered as infringements.


Article 30

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The Articles 26 , 27 , 28 and 29 shall be applicable irrespective of where the fact is taking place.


Article 31 [ Expated by 01-01-2002]

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Article 32

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  • 1 With the detection of facts punishable by or under this State Act, without prejudice to: Article 141 of the Code of Criminal Procedure and the corresponding legal provisions of Aruba, Curaçao and Sint Maarten, in charge of:

    • a. officers of the Royal Marine Corps, and in so far as they are in real service, the officers of the Royal Marine Reserve, as well as the other officers of the Royal Navy; to this end designated by our Minister of Defence;

    • b. The officials of the shipping inspection;

    • c. the officials of the General Inspectorate of the Ministry of Agriculture and Fisheries;

    • d. Officials with regard to import duties and excise duties;

    • e. the officials of the foreign service;

    • f. the officials, which our Minister designating for this purpose;

    • g. the officials of Aruba, Curaçao and Sint Maarten, who our associated Governor is pointing to that.

  • 2 Of a decision referred to in paragraph 1 (f), communication shall be made by placing in the Official Gazette Notice of a decision referred to in paragraph 1 (g) shall be made by the Court of Justice of the Netherlands, by placing in the Official Journal of Aruba, the Curaçao Courant, and the Landscourant of Sint Maarten.


Article 33

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  • 1 In the detection of an offence under or under this State Act, the Article 32 Officials as referred to above, to the extent that it is reasonably necessary for the performance of their duties. If necessary, they shall provide access using the strong arm.

  • 2 In Aruba, Curaçao and Sint Maarten they do not enter into dwellings against the will of the occupant than provided by a written authorisation issued by the competent authority. Within 24 hours of this entry procedure shall be drawn up.

    It shall indicate the date of the entry and the purpose of the intended purpose.


VIII. Final provisions

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Article 34

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An obligation imposed by or under this Law of the State has been removed in so far as it satisfies the obligation to comply with that obligation which cannot be fulfilled by an obligation imposed by, or by virtue of, the law of that law.

  • a. In the interests of military defense, or

  • b. In the interests of combating disasters, the reduction of their immediate effects and the preparation for such control and control.


Article 34a

Compare Versions Save Relationships (...) (External Link) Permanent Link [ Red: Contains changes to this law.]

Article 35

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  • 1 Are Repealed the Sea Disorder Act 1939 ( Stb. 635), the Royal Decree of 20 February 1942 ( Stb. C 12) and the Zeeschap Decree 1942 ( Stb. C 17).

  • 2 [ Red: Contains changes to other regulations.]


Article 36

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This Law of the State can be cited as the 'National Emergency Services Act.'


Article 37

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This Law on the Law of the Netherlands will enter into force on a date to be determined by Us.

Burdens and orders, which are in the State Gazette, The Governorate of Suriname and the Official Journal of the Netherlands Antilles will be placed and that all Ministerial Departments, Authorities, Colleges and Officials, who so concern, will keep their hands on the precise implementation.

Given at Paleize Soestdijk, 23 June 1972.

JULIANA.

The Prime Minister,

Minister of General Affairs,

B. BIESHEUVEL.

The Secretary of State for Transport and Water,

R. J. H. KRUISINGA.

The Minister for Surinamese and Dutch-Antillean Affairs,

P. J. LARDINOIS.

The Minister for Foreign Affairs,

N. SCHMELZER.

The Minister of Finance,

R. J. NELISSEN.

The Minister of Defence,

H. J. DE KOSTER.

The Minister for Economic Affairs,

H. LANGMAN.

The Minister for Agriculture and Fisheries,

P. J. LARDINOIS.

Issued the 10th August 1972.

The Minister of Justice,

FROM AGT.