The Head of the Shipping Inspectorate,
Noting
Article 63a of the Ships Decree 1965 and Article 36 of Annex II to the Ships Decree
1965; Announces:
Article IThe Annex belonging to Notice of Shipping no. 213/1987
(Stcrt.132)* is amended as follows:
ARegulation 1.3 will read:
1.3 Application1.3.1 The provisions of this Annex are applicable to ships
in port or at sea with seafarers on board, for which the construction contract has
been entered into on or after 1 February 2000, provided that the provisions of this
Annex are only applicable to ships of less than 1600 tonnes, as far as such is
reasonable and practicably feasible in the opinion of the Head of the Shipping
Inspectorate.
1.3.2 The provisions of this Annex are also
applicable to ships in port or at sea with seafarers on board, not being dynamically
supported craft, pipe layers, crane ships, dredging material, mobile drilling units
and ships without mechanical means of propulsion:
- of 1600 tonnes or
more for which the construction contract has been entered into in the period
from 1 August 1987 up to 31 January 2000;
- of less than 1600 tonnes
for which the construction contract has been entered into in the period from
1 August 1987 up to 31 January 2000, as far as such is reasonable and
practicably feasible in the opinion of the Head of the Shipping
Inspectorate;
- of 1600 tonnes or more for which the construction
contract has been entered into before 1 August 1987, as far as the
provisions relate to potentially dangerous noise levels and as far as such
is reasonable and practicably feasible in the opinion of the Head of the
Shipping Inspectorate.
1.3.3 With regard to ships designed and used for short term voyages or for
other purposes during which the ship is in service for short periods, the provisions
of 4.2.3 and 4.2.4 are only applicable in port condition, provided the periods under
port condition are used for rest and recovery.
1.3.4 The
provisions of this Annex are not applicable to passenger cabins and other passenger
accommodations, not being working areas.
BIn provision 1.4 item 1.4.11 is cancelled.
Article IIThis Notice enters into force as of 1 February 2000.
This Notice, together with its explanatory
notes, will be published in the Government Gazette, in the Official Gazette of the
Netherlands Antilles and in the Country Gazette of Aruba.
Rotterdam, 27 December 1999.
The Head of the
Shipping Inspectorate,
H.G.H. ten Hoopen.
Explanatory NotesThe General Assembly of the International Maritime Organization
(IMO), at its 12th session in November 1981, has adopted resolution A.468 (XII),
containing the `Code on noise levels on board ships'. Detailed rules are given in
the Code concerning the protection against noise nuisance on board of seagoing
vessels. These rules and the maximum limits of noise levels determined therewith aim
at promotion of the safety of the ship and the persons on board. The Code has been
implemented in the Kingdom by Notice to Shipping no. 213/1987 (Gov.Gaz. 132).
Notice to Shipping no. 213/1987 was not applicable to dynamically
supported craft, pipe layers, crane ships, mobile drilling units, dredging material
and ships without mechanical means of propulsion. In order to offer a similar
protection level on board of these ships, the Notice in question expands the scope
of Notice to Shipping no. 213/1987. The provisions of the Annex are from now on also
applicable to ships which belong to one of the mentioned categories of ships and for
which the construction contract has been entered into on or after 1 February 2000.
Fishing vessels are not covered by the scope of this Notice;
noise regulations for these vessels have been laid down in Notice to Deep-Sea
Fishing no. 15/1989. The definition of fishing vessels in Notice to Shipping no.
213/1987has become redundant and will therefore be cancelled. The draft Notice has
been notified to the Commission of the European Communities on 23 June 1999
(notification number 99/0300/NL) in compliance with Article 8, first clause, of
Directive no. 98/34/EG of the European Parliament and the Council of the European
Union of 22 June 1998 regarding an information procedure in the field of standards
and technical requirements and rules regarding the services of the information
society (PbEG L 204), as amended by Directive no. 98/48/EG of 20 July 1998 (PbEG L
217). The Secretariat of the World Trade Organization has also been notified
(notification number G/TBT/Notif. 99.538), in compliance with Article 2, ninth
clause, of the Agreement on Technical Barriers to Trade established on 15 April 1994
in Marrakech (Trb. 1994, 235).
These notifications are necessary
because the regulation contains technical provisions in the sense of Directive no.
98/34/EG, and as referred to in the afore-mentioned agreement. The notification
procedures have not resulted in amendments of the draft regulation.
The technical provisions included in this Notice, which are indiscriminately
applicable to ships registered and imported in the Kingdom, are necessary on account
of an efficient protection of the safety of shipping as well as the health and lives
of persons. They are also proportionate to the goals aimed at by these provisions.
Insofar as the regulation contains quantitative import restrictions or measures with
a similar effect in the sense of Article 28 EC-Convention, they are therefore
justified for the protection of the above-mentioned interests.
The Head of the Shipping Inspectorate,
H.G.H.
ten Hoopen.
* Amended by Notice to Shipping of 22 December 1997 (Stcrt. 1998, 14).