Key Benefits:
Decision of 18 March 2009, laying down detailed rules for inland waterway transport (Inland waterway decision)
We Beatrix, at the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc. etc. etc.
On the nomination of the Secretary of State for Transport and Water State of 21 May 2008, No CEND/HDJZ/2008-459 SCH Chief Executive, Legal Affairs,
Having regard to the Article 5, second paragraph , 7, second paragraph , 14, fifth paragraph , 22, 1st Member , 23, second paragraph , 25, first, second and third members , 26, first paragraph , 28, fifth and sixth Member , 29, third member , 30, third member , 34 , 35 , 36, third member , 37, 1st Member , 38 , and 39, fourth member, of the Domestic Law , Article 2 of the Noise Act , the Articles 4, first paragraph, point (a) and (third) , 9 , 10, second paragraph, part b , and 18 of the Maritime Traffic Act , the Articles 8.40, first paragraph , 8.41, third member , 8.42, 1st and 2nd Member , 8.45 , 10.45, 2nd Member , 10.46 and 10.48, first member of the Environment Law , Article 74c of the Code of Criminal Law and the Articles 2:1, 1st paragraph , 2:7, 1st Member , 4:3, second and fourth member and Article 5:12, first and second member, of the Working Time Act ;
The Council of State heard (opinion of 18 July 2008 no. W09.08.0185/IV);
Having regard to the further report of the Secretary of State for Transport and Water State of 13 March 2009, No CEND/HDJZ-2009/102 SCH, released on behalf of our Minister for Social Affairs and Employment;
Have found good and understand:
For the purposes of this Decision and the provisions based thereon, unless otherwise provided, the following definitions shall apply:
Width: the greatest width of the ship's hull in meters, measured on the outer surface of the skin plating;
Bunker station: floating structure with permanent berth intended or used for the storage or supply of fuel for the propulsion of ships;
bottom line: the vertical distance in metres between the lowest point of the ship's hull, without the keel or other protrude parts, and the plane of the greatest sinking of the ship's hull in metres;
Pusher: ship which is intended or is used for the shoving of ships and is not intended for the carriage of goods independently;
Medical examination: Research, intended Article 28, first paragraph, of the Act ;
length: The largest length of the hull in metres, the rudder and the bow sprit not included;
public transport service: for each of the following passenger transport;
Passenger ship: inland waterway ship, other than a ferry or ferry, intended or used for the commercial transport of more than 12 persons outside crew members;
Pleasure craft: ship which is intended for use or is used for sports or leisure purposes;
Rhine declaration: the declaration referred to in Article 2 (3) of the Revised Convention for Rhine Navigation;
tug: ship which is intended or is used for the towing of ships and is not intended for the carriage of goods independently;
tug trawled vessel: ship which is intended or used for the towing or shoving of ships and is not intended for the carriage of goods independently;
ferry: Ship which is intended for or is used for the commercial transport of more than 12 persons outside crew members and of vehicles on more than two wheels and which maintains a public transport service between places situated at the end of the journey; Dollard, the Eems, the Wadden Sea, including the connections to the North Sea, or the Westerschelde and its sea ceremonies;
Spring pont: ship, other than a ferry, which is intended or used for the business of one or more persons outside crew members and which maintains a public transport service;
Law: Inland waterway .
1 In the case of commercial transport of goods or persons between two places of inland waterway referred to in Article 4 (1) of the Revised Convention for the Navigation of the Rhine, the ship shall be equipped with a Navigation of the Rhine.
2 In the case of commercial transport of goods or persons not carried out between two places as referred to in paragraph 1, the ship shall be equipped with:
a. A Rhine Declaration;
(b) a certificate of admission; or
c. An appropriate document, designated by Our Minister, of the competent authority of another Member State of the European Communities or of any of the other States party to the Agreement on the European Economic Area.
3 The second paragraph shall apply to:
a. A ship with a length of at least 20 metres; or
b. A ship for which the product of length, width and draught is not less than 100 m in metres 3 shall be.
4 By arrangement of Our Minister, exemption may be granted from the second member.
1 Our Minister provides a vessel declaration for a vessel, if the owner complies with the rules to be laid down by our Minister:
a. in the case of a natural person: with regard to nationality and place of stay and residence; or
b. in the case of a legal person or a company having no legal personality: in respect of the establishment, the seat, the centre of the commercial activity, the place from which the operation is to be operated, the management and the management.
2 The holder of a Navigation of the Rhine shall notify our Minister in writing within two weeks of any change in the circumstances under which the Rhine Declaration was issued.
3 Our Minister withdraws the declaration if the rules referred to in paragraph 1 are no longer fulfilled and may withdraw the declaration if the holder does not comply with the obligation laid down in the second paragraph.
4 Our Minister may in the event of a Navigation of the Rhine be requested in connection with the provision of transport as referred to in Article 2, second paragraph , allow exceptions in respect of the requirement of a majority referred to in Article 3 (c) (c) (cc) and Article 3 (2) of the Annex to Regulation (EEC) No 2383/2 of the EEC Treaty. 2919/85 of the Council of the European Communities of 17 October 1985 laying down the conditions for eligibility for the regime reserved for vessels by the Revised Convention for Rhine Navigation which belong to the Rhine navigation (PbEG L 280), provided that the purpose of Additional Protocol No 2 to the Revised Convention for the Navigation of the Rhine not to be endangered and to the general conditions laid down by the Central Commission for the Navigation of the Rhine, as provided for in Article 3 (4) of the Annex to the abovementioned Regulation, apply.
1 Our Minister may apply to a ship not eligible for a Navigation of the Rhine or an appropriate document as intended Article 2, second paragraph -provide, upon application by the owner of the ship, a proof of admission as referred to in that Article, if that ship is provided with a document designated by Our Minister and designated by a State other than a Member State of the European Union, by another State party to the Agreement on the European Economic Area or by Switzerland is provided in the framework of an agreement concluded by the Netherlands with the State concerned.
2 Our Minister may be satisfied if the conditions laid down in Article 4 (2) of the Revised Convention for the Navigation of the Rhine are not fulfilled:
(a) refuse to issue a certificate of authorisation or withdraw such evidence; or
Subject to a certificate of authorisation, attach regulations or amend or revoke requirements such as those that apply to them.
3 Article 3, second and third paragraphs , shall apply mutatis mutandis.
Under the arrangements of our Minister, rules may be laid down in respect of:
a. the form, content and provision of the Navigation of the Rhine and the proof of admission;
(b) the requirements which must be met and the information provided in an application for the issue or revocation of the Rhine declaration and the proof of admission;
c. the manner in which an application for the issue or revocation of a Rhine declaration and a proof of admission is submitted;
d. the verifiability of the Navigation of the Rhine, of the certificate of admission and of the appropriate document.
An examination certificate shall be required for the following categories of inland waterway vessels:
a. Inland vessels having a length of at least 20 metres;
b. inland waterway vessels for which the product of length, width and draught is at least 100 m 3 shall be:
c. tugs, pusher craft or towing pusher boats, unless:
1 °. they are not covered by the criteria in parts (a) or (b),
2 °, according to a statement made by our Minister, only used as a pleasure vessel; and
3 °; they are used in accordance with the conditions set out in that declaration;
d. Passenger ships;
e. spring ponts intended or used for the commercial transport of more than 12 persons outside crew members;
f. Ferries;
g. floating implements;
h. inland waterway vessels intended for use in hazardous substances Transport dangerous goods transport ;
Inland waterway vessels Interior Police Regulations or the Rhine police Assembly, 1995 have been admitted to the berth by the longitudinal side of an inland waterway vessel as referred to in subparagraph (h); or
(j) assembly of tied ships with a common dimension as referred to in subparagraph (a) or (b);
k. Bunker stations having a dimension as specified in parts a or b.
The certificate of inquiry shall not be required for:
a. Inland vessels shall bear a valid certificate of investigation as referred to in Article 22 of the Revised Convention for Rhine Navigation:
1 °. having regard to Article 9 of this Decision; and
2 °. provided that the technical requirements on the basis of which that certificate was issued are met;
b. seagoing ships with a valid certificate or document issued by, or on behalf of, the competent authorities of the State whose flag the ship is entitled to conduct, on the basis of which sea shipping may be undertaken, subject to compliance with the requirements of this Directive. technical requirements on the basis of which those certificates were issued;
c. Inland vessels shall bear a valid document other than those referred to in subparagraph (a) issued by the competent authorities abroad to ensure the soundness of the vessel, provided that the technical requirements on the ground are fulfilled. where that document has been issued and provided that:
1 °. issued in implementation of binding decisions of the institutions of the European Union,
2 °. otherwise issued for the execution of treaties or binding acts of international organizations; or
3 °, approved by our Minister, in cases to be determined by the Minister's regulation;
d. Inland vessels, which are propelled by muscle power only;
e. Floating tools that are in a gravel or sand hole;
f. inland waterway vessels that are under construction or are subject to a pilot voyage;
g. inland vessels with permanent berth, used exclusively for residential and without own propulsion, or otherwise not suitable for navigation, including during the time of drag-and-drop;
h. Ships intended to rescue drals.
A Community inland navigation certificate for inland waterway vessels in accordance with Directive No 2006 /87/EC of the European Parliament and of the Council of the European Communities of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Regulation Directive No 82 /714/EEC The Council (PbEG L 389) is to be treated as a certificate of research.
1 For inland waterway vessels subject to additional rules as referred to in Article 8, second paragraph, of the Act , apply and those are provided with a certificate of research, Our Minister shall, upon application by the owner of the IWC vessel, provide a Community Supplementary Certificate of Inquiry into Directive No 2006 /87/EC of the European Parliament and of the Council of the European Communities of 12 December 2006 laying down technical requirements for inland waterway vessels and repealing Regulation Directive No 82 /714/EEC of the Council (PbEG L389).
2 Our Minister, on application for sea shipping for sea shipping, provides for a Community complementary certificate of inland waterway transport.
3 On the Community Supplementary Certificate of Research, Chapter 3, Section 1, of the Act and this paragraph shall apply mutatis mutandis.
1 Our Minister may issue a preliminary certificate of inquiry for inland waterway vessels belonging to the categories specified in Article 6 , for:
a. Inland vessels, which in order to obtain a certificate of examination, are to be subject to a certain place of business with the permission of Our Minister;
b. Inland waterway vessels having, by virtue of one of the conditions laid down in Article 2.07 of Annex II to this Regulation, Directive No 2006 /87/EC whether the cases referred to in Articles 12 and 16 of that Directive are temporarily not provided for in their Community inland navigation certificate;
c. Inland vessels whose application for the post-examination certificate is still pending;
d. inland waterway vessels not subject to all the conditions required for the issue of a Community inland navigation certificate in accordance with Annex V, Part I, of Directive No 2006 /87/EC comply;
e. having suffered damage suffered by inland waterway vessels that the State in which they are in is no longer the same as that laid down in the certificate of investigation;
f. Floating devices and floating objects, when the authorities responsible for particular transport, in accordance with the provisions of the Rhine police Assembly, 1995 or the Interior Police Regulations , the licence for a special transport depends on the possession of such a provisional Community certificate of inland navigation;
g. inland waterway vessels of which, according to Article 2.19, second paragraph, of Directive No 2006 /87/EC diverts from the provisions of Part II of Annex II to that Directive.
2 The provisional certificate shall be valid:
a. In the cases referred to in points (a) and (f) of paragraph 1 above, for a single journey, within a reasonable period not exceeding one month;
b. In the cases referred to in paragraphs (b) and (c) of the first paragraph, for a reasonable period;
(c) for six months in the cases specified in paragraph 1 (g), which may be extended every six months, as long as the Committee referred to in Article 2.19, second paragraph, of the Directive No 2006 /87/EC No decision has yet been made.
3 The preliminary examination certificate may contain provisions deemed necessary by our Minister in the interest of the safety of the IWC vessel or on the persons who are on board. The owner shall ensure compliance with these requirements.
1 By arrangement of Our Minister:
a. The models for the certificates of research;
(b) the procedure by which natural or legal persons referred to in Article 14 of the Act shall be designated.
2 The rules of our Minister shall lay down detailed rules on:
(a) issue of the certificates of investigation;
b. The investigation, intended to Article 14 of the Act ;
c. the issuing of the declaration, as specified in Article 6, part c, below 2 ° .
1 The categories of vessels referred to in Article 22, first paragraph, of the Act , are:
a. Ships having a length of not less than 20 metres;
b. tugs, pusher craft or towing pusher boats, unless:
1 °, according to a statement made by our Minister, shall be used only as a pleasure vessel; and
2 °; they shall be used in accordance with the conditions set out in that declaration;
(c) passenger ships;
d. spring ponts;
e. Ferries;
f. floating implements;
g. inland waterway vessels intended for the transport of dangerous substances as intended for the purpose of transport Law transport dangerous substances have been authorised ;
h. ships carried out under the Interior Police Regulations and the Rhine police Assembly, 1995 have been admitted to the berth on the side of a ship as referred to in subparagraph g; or
(i) assemblies of tied ships with a common dimension as referred to in paragraph (a).
2 To the categories referred to in paragraph 1 do not include:
a. Pleasure craft and lifeboats;
b. Bunker stations;
c. Seagoing vessels used solely for the purpose of catching fish at sea as intended in the Fisheries Act 1963 ;
d. sea-going vessels, other than a tug:
1 °. should be used by a pilot and located on the vessel, intended for the purposes of the Articles 10, 1st paragraph , and 11, of the Shipping Traffic Act ;
2 °. Those of the lead splints shall be exempt on the basis of Article 10, second paragraph, of the Maritime Traffic Act or has been exempted on the basis of Article 10, third paragraph, of that Act , and are located on the shipping lanes, within the meaning of 1 °; or
3 °. which are located in the port of Scheveningen;
e. seagoing vessels which comply with the rules of our Minister in accordance with binding decisions of European Union bodies or otherwise implementing conventions or binding acts of international bodies.
1 For navigation on rivers, canals and lakes, the pilot-in-command shall be equipped with a large, limited size, or small vessel, for rivers, canals and lakes.
2 For navigation on other inland waterways, the pilot-in-command shall be fitted with a large, limited size or small boat, for all inland waterways.
For the purposes of the first paragraph, rivers, canals and lakes shall mean the inland waterways with the exception of the Westerschelde, the Oosterschelde, the Wadden Sea, the Eems, the Dollard, the IJsselmeer, the IJmeer and the Markermeer with Exception of Gouwzee.
1 A large boating certificate is required for the feeding of:
a. Ships having a length of not less than 20 metres;
b. Passenger ships;
c. Ferries which:
1 °. are intended or used for the commercial transport of more than 12 persons outside crew members; or
2 °. By means of its own mechanical propellants, a speed of 30 kilometres per hour or more can be achieved in relation to the water;
d. Ferries, or
e. tugs, pusher craft or tug pusher craft.
2 A large boatmasters ' certificate shall be valid for the conduct of ships for which a limited large boating certificate or a small boating proof is required.
3 By way of derogation from paragraph (a), a large vessel shall not be required for ships having a length of not less than 20 metres and less than 40 metres and not belonging to the above mentioned parts (b) to (e) of the first paragraph categories as the pilot-in-command based on the provisions of the Article 15 is in possession of a valid limited large boating certificate.
4 The first paragraph, part e, does not apply to tugs, pusher craft or tug pushers less than 15 metres in length, if:
a. According to a statement from Our Minister, she is used exclusively as a pleasure vessel; and
b. They are used in accordance with the conditions set out in that declaration.
1 A limited size certificate is required for the conduct of:
a. Ships having a length of not less than 20 metres and less than 40 metres, with the exception of:
1 °. pleasure craft with a length of less than 25 metres; and
2. ships belonging to the in Article 14, first paragraph, parts b, c, d and e , the categories mentioned, or
b. tugs, pusher craft or tug pushers of a length of at least 25 metres and less than 40 metres, if:
1 °, according to a statement made by our Minister, shall be used only as a pleasure vessel; and
2 °. they shall be used in accordance with the conditions laid down in that declaration.
2 A limited size certificate shall be valid for the conduct of a ship requiring a small boatmasters ' certificate.
A small boating certificate is required for:
a. Ships of a length of at least 15 and less than 20 metres that do not belong to the Article 14, first paragraph, points (b), (c) and (d), ;
b. pleasure craft of at least 15 metres in length and less than 25 metres;
c. tugs, pusher craft or tug tugs of a length of at least 15 metres and less than 25 metres, if:
1 °, according to a statement made by our Minister, shall be used only as a pleasure vessel; and
2 °. they are used in accordance with the conditions set out in that declaration; or
d. vessels less than 15 metres in length capable of reaching speeds of more than 20 kilometres per hour by means of their own mechanical propellants, and not belonging to the in-the-water vessels. Article 14, first paragraph, parts b, c, d and e These ships.
1 The possession of a boating certificate is not required for the conduct of:
a. Vessels Propelled By Muscle-power Only;
b. Floating tools located in a gravel or sand hole;
c. bunker stations.
2 No obligation to hold a certificate shall apply to the commander in possession of a valid equivalent certificate or a valid certificate issued under the Revised Convention for the Navigation of the Rhine, designated under the Revised Convention for Rhine Navigation. equivalent boatmasters ' certificate as intended Article 25, third paragraph, of the Act .
3 No obligation to possession of a vessel shall apply to the commander of a marine vessel:
a. If there is a person on board who holds a valid large boathold certificate from any equivalent valid certificate or equivalent certificate issued under the Revised Convention of the Rhine under the Revised Convention for Rhine Navigation. equivalent valid boatmasters ' certificate as intended Article 25, third paragraph, of the Act ; or
b. Not being a tug:
1 °. This use must be made from a warehouse and located on the ship's two navigates, intended for the purpose of Articles 10, 1st paragraph , and 11, of the Shipping Traffic Act ;
2 °, which is exempted from the lead light on the basis of Article 10, second paragraph, of the Maritime Traffic Act or has been exempted on the basis of Article 10, third paragraph, of that Act , and is located on the shipping lanes, within the meaning of 1 °; or
3 °. which is located in the port of Scheveningen.
4 No obligation to hold a certificate shall apply to the pilot-in-command if:
a. The commander is provided with a certificate of competence designated by Our Minister which has been recognised as a result of Article 25, third paragraph, of the Act , or
b. The commander or another member of the deck crew is provided with a supplementary certificate of competence for inland navigation issued by our Minister which has been issued by an authority competent to that effect from abroad.
1 The rules of our Minister may lay down rules exempting the shipping obligation if the Minister ' s opinion is sufficient to ensure safe navigation.
2 The rules referred to in paragraph 1 shall in each case cover the rules for the issue and withdrawal of exemption certificates.
Our Minister's arrangement shall lay down the form and the content of the boatmasters ' certificates.
1 The application for the issue of a boatproof certificate shall be submitted:
a. The medical certificate, not older than thirteen weeks, or a declaration of its own as intended Article 26, first paragraph ;
(b) the certificate relating to the examination of the certificate for the certificate as a result of a certificate of competence for the inland waterway sector approved by Our Minister;
Other, by way of regulation of our Minister, documents, other than that of our Minister.
2 Without prejudice to the first paragraph, the applicant shall, in the application for the issue of a limited size certificate or a large boatmasters 'certificate, determine the manner in which he may determine that he has completed a course of three years' time. Four years respectively.
3 A year of sailing time as referred to in the second paragraph shall consist of 180 effective days of sailing. Within a period of 365 consecutive days, up to 180 days can be counted as a course time.
4 In the case of an invalidation of the certificate, no prior presentation of a certificate or a certificate of competence for inland navigation may be used in a new application for the award of a certificate.
5 The procedure of our Minister shall give details of the admission of the applicant to the examination and methods of research, as referred to in Article 4 (2) of the Article 26, second paragraph, part b, of the Act .
Instead of a document as referred to in Article 20, first paragraph, part b , it may be submitted:
a. At least equivalent valid boating evidence; or
b. At least equivalent certificate which has lost its validity only by the expiry of the period of validity.
1 A large boatmasters ' certificate and a limited large boat licence issued for the 50 year old age of the holder shall be valid until the day of the 50-year period and 13 weeks of the day.
2 A large boatmasters ' certificate and a limited large boat licence issued to the holder after the age of 50 years shall be valid until the day on which the holder reaches the age of 65 years and 13 weeks in cases specified in the scheme; provided that it, together with the medical certificate, is intended to be Article 28 of the Act , to be shown.
3 A large boatmasters ' certificate and a limited licence shall be valid only after the date on which the holder reaches the age of 65 and 13 weeks, provided that they are accompanied by the medical certificate provided for in the Article 28 of the Act , to be shown.
1 The sailing certificate shall be issued within two weeks of the certificate of invalidation as referred to in Article 30 of the Act to our Minister.
2 Our Minister may grant the person whose certificate is invalid, in whole or in part, from the examination.
3 The rules of our Minister shall lay down detailed rules on the provisions of this Article.
Our Minister's arrangement lays down rules on the provision of information relating to issued and invalid boatmasters, intended to be used in the Article 35 of the Act Those rules shall apply:
a. Data to be supplied;
b. the designation of those who provide data on behalf of Our Minister;
c. the manner in which the data is provided; and
d. the manner in which the holder of the invalid vessel is informed of the provision of his data.
The validity of the craft document, as referred to in Article 33a , is suspended by law during the period of time articles 35a, first paragraph, of the Shipping Traffic Act Other 42, first paragraph, of the law -Has been advanced but has not yet been handed over.
1 The medical examination to issue the medical certificates referred to in the Article 23 and 28 of the Act , relates to the physical and mental state of the applicant in general and in particular to:
a. The visual acuity and colour discernment;
b. The hearing sharpness;
c. the state of the heart, lungs, and blood pressure;
d. The functioning of arms and legs;
(e) neurological and psychological state; and
f. Other derogations that may adversely affect the safe sailing.
2 The medical examination and the issue of the medical certificate shall be made in accordance with the rules to be laid down by our Minister.
1 The medical examination for the purpose of obtaining the certificate shall not be required if the applicant's own statement shows that he is physically and spiritually suitable for the conduct of an inland waterway vessel; and if:
a. A small vessel wishes to obtain a vessel; or
b. has undergone a favourable medical examination no more than 13 weeks before the date of application.
2 The declaration of its own relates to the subjects covered by the Article 25, first paragraph .
3 The applicant referred to in point (b) of the first paragraph shall provide documents with a modest reference to the fact that it fulfils the requirements laid down in that paragraph.
4 Your own statement may not be older than twenty-six weeks.
5 If the declaration of any kind is made by way of derogation, an expert shall be entitled to: Article 28, first paragraph, of the Act , issuing a medical certificate, if he considers that the derogation will not adversely affect the safe sailing.
6 The layout and assessment of the declaration shall be made in accordance with the rules to be laid down by our Minister.
1 The medical examination for the purpose of obtaining the certificate shall not be required if the applicant of large or limited large boatmasters is already in possession of a valid large or limited licence and has not yet reached the age of 50. has not been found to have become medically unfit since the date of issue of that vessel.
2 The holder of the limited licence or certificate shall again show his physical and mental fitness to Our Minister by submitting a medical certificate as referred to in Article 2 (1). Article 28 of the Act , which is not more than 13 weeks old:
a. every five years from the age of 50 years up to the age of 65;
b. Every year from the reach of the age of 65.
1 A medical certificate as referred to in Article 23 of the Act , issued before the 65-year age of a crew member, is valid until thirteen weeks from the day on which he reaches the age of 65.
2 A medical certificate as referred to in Article 23 of the Act issued after a crew member reaches the 65-year-old is valid for one year.
3 A medical certificate as referred to in Article 23 of the Act is not required for the commander in possession of a major patent as intended in the case. Rules governing shipping staff on the Rhine .
1 The rules of our Minister shall lay down detailed rules on the appointment of institutions or persons carrying out the medical examinations and on the procedure to be followed by institutions or persons in the case of medical examination.
2 The rules of our Minister shall lay down detailed rules on the examination of the knowledge and ability to conduct the vessel as intended for the purpose of Article 29, third paragraph, point (a) of the Act . These rules concern:
a. Admission of the applicant to the examination;
b. Method of research; and
c. the sailing time.
1 Our Minister shall keep the issue of ship numbers referred to in Article 36, first paragraph, of the Act -In a register.
2 The rules of our Minister shall lay down detailed rules on:
the location and manner in which the ship number is affixed to the IWB vessel;
b. the information to be recorded;
c. the manner in which a change of the registered information is notified;
d. the protection of registered data;
e. the manner in which the registered persons can take notice of and make improvements to the data recorded about them and their inland waterway vessels.
The Minister's arrangement shall lay down the rules governing the means by which the data for monitoring compliance with the rules on sailing time, rest periods and crew strength shall be recorded.
In the interests of statistics, rules on the provision of transport data may be laid down in the interests of our Minister.
1 Our Minister shall designate the competent authority to designate the competent authorities as provided for in the Regulations implementing the Revised Convention for the Navigation of the Rhine.
2 The competent authority referred to in paragraph 1 shall be responsible for the processing of personal data as referred to in Article 39, fourth paragraph, of the Act .
For the purpose of this chapter and the provisions based thereon, the following definitions shall apply:
Invalidation of a vessel's document: Invalidation as referred to in Article 30, first paragraph, of the Act ;
denial of competence: disqualification as intended Article 35b, 1st paragraph, of the Shipping Traffic Act ;
register: register as intended Article 35a of the Act ;
Sailing document: document providing for the authority to conduct a ship on the Dutch inland waterways, including a similar document issued by a foreign authority.
The records shall be entered in the register in conjunction and, where applicable, the following information:
a. Name, address, place of residence, as ushered at the time of recording;
b. Date of birth and civil service number;
c. the date of recovery of the craft document, as specified in the articles 35a, first paragraph, of the Shipping Traffic Act Other 42, first paragraph, of the law ;
d. the effective date of revocation of the waiver, specified in Article 22 (6) of the Act ;
e. the effective date of disqualification of the competence;
f. the effective date of invalidation of the craft document, intended in Article 30, first paragraph, of the Act ;
g. the date on which the disqualification of the vessel will end;
h. the date on which the certificate of invalidation of the vessel is to end.
Our Minister shall apply the following measures in respect of the register:
a. the guarantee that the privacy of the persons concerned is not disproportionately damaged;
b. The prevention of unnecessary collection and further processing of personal data;
c. appropriate technical and organisational measures to secure personal data against loss or against any form of unlawful processing as intended in Article 13 of the Personal Data Protection Act ; and
d. ensure the technical and organisational security measures relating to the operations to be carried out, as referred to in Article 14, first paragraph, of the Personal Data Protection Act .
1 The D.A. referred to in Article 35a, second paragraph, of the Maritime Traffic Act , please notify our Minister without delay, for inclusion in the register:
a. the recovery of a sailing document, intended to Article 35a, 1st paragraph, of the Shipping Traffic Act , unless the craft document has been returned to it;
b. the return of a sailing document, intended to Article 35a, third paragraph, of the Maritime Traffic Act , whose date of recovery is included in the register.
2 Our Minister shall promptly record the invalidation of a craft document.
1 Our Minister shall promptly report to the authorities responsible for issuing boatmasters the inclusion, modification or deletion of data.
2 Our Minister shall only provide information that the authorities need to refuse to refuse to grant a vessel shall not refuse to refuse to issue any longer.
Our Minister shall immediately inform our Minister of Security and Justice of a change to the register.
1 Our Minister may provide information from the register to an official designated for detection or surveillance as intended. Articles 40 or 45 of the law Other 32 or 34 of the Maritime Traffic Act , provided that he has removed himself from the enforcement authority of that official.
2 Our Minister shall only give information which is required by an official as referred to in the first paragraph for enforcement at that time.
1 Our Minister provides information from the register to authorities outside the European Economic Area in charge of maintaining the fairposition or issuing boatmasters ' documents, if they have stated in writing the the use of information to be used exclusively in the interest of maintaining the fairway light or on issuing boatmasters ' documents.
2 On the provision of information referred to in paragraph 1, the articles 33e, second paragraph , and 33g, second member , mutatis mutandis.
Information from the register or information to the register referred to in this Decision, other than on request or on an occasional basis, may be made by electronic means of linking files, provided that no more information is obtained is to be provided or obtained than necessary for the purpose of the provision or procurement.
Our Minister shall immediately remove the data of any person from the Register:
(a) as soon as the person concerned has, after the declaration of invalidation of his document, a new vessel, once again;
(b) as soon as the person concerned receives a return document from his own;
c. on the date on which the disqualification of the vessel ceases;
d. at the date on which the certificate of invalidation of the vessel ends;
e. after his death, after having become acquainted with them.
Our Minister may, at the request of an authority issuing sailing documents or supplement, improve or remove data from the register from the register.
Detailed rules may be laid down for the elaboration of this Chapter by ministerial arrangement.
A valid medical certificate as referred to in Article 19, first paragraph, of the Decision, sailing time and crew strength , shall be considered as a medical certificate in accordance with Article 23 of the Inland Act .
A valid own declaration as referred to in Article 7 of the Decision on boatmasters ' certificates , as an own declaration as referred to in Article 26 of this Decision.
A valid large boatmasters ' certificate as intended Article 16, first paragraph, of the Inland Act , applies as a large boatmasters ' certificate as intended Article 14 of this Decision.
A valid small sailing licence as intended Article 16, second paragraph, of the Inland Act , applies as a small boatmasters ' certificate as intended Article 16 of this Decision.
A valid Rhine declaration as intended Article 5, first paragraph, of the Inland Transport Act , applies as a Rhine Declaration as intended Article 2 (a) (a) , of this Decision.
A valid certificate of admission as referred to in Article 6, first paragraph, of the Inland Transport Act , as a proof of admission as referred to in Article 2, second paragraph, part b , of this Decision.
A valid appropriate document as referred to in Article 7 (b) of the Transport Act , applies as an appropriate document as referred to in Article 2 (c) (c) , of this Decision.
This decision is referred to as: The inland waterway decision.
This Decision, the Inland waterway , with the exception of Chapter 5, Section 2 (the Articles 48 to 50c ), and the Entry-law Inland Act , except the Articles 24a and 27, second paragraph , enter into force with effect from 1 July 2009.
Charges and orders that this Decision will be placed in the Official Journal by means of the note of explanatory note accompanying it.
' s-Gravenhage, 18 March 2009
Beatrix
The Secretary of State for Transport and Water,
J. C. Huizinga-Heringa
The Minister for Social Affairs and Employment,
J. P. H. Donner
Published the seventh of April 2009The Minister of Justice,
E. M. H. Hirsch Ballin
