Decree on the prevention of pollution by ships (English, uncontrolled version)

Decree of 11 December 2006, Stb. 693, containing provisions for the prevention of pollution by ships, most recently amended by Decree of 16 June 2008, Stb. 2008, 249

We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange Nassau, etcetera, etcetera, etcetera

At the proposal of Our Minister for Transport, Public Works and Water Management of, No HDJZ/–, Principal Directorate for Legal Affairs, also put forward on behalf of the Secretary of State for Housing, Planning and the Environment;
Having regard to the International Convention for the Prevention of Pollution from Ships, concluded in London on 2 November 1973 (Treaties Journal 1975, 147) and the Protocol to that Treaty that was adopted in London on 17 February 1978 (Treaties Journal 1978, 188), to Annex IV to the Protocol on environmental protection to the Antarctica Treaty, laid down in Madrid on 4 October 1991 (Treaties Journal 1992, 110), the International Convention on the control of harmful anti-fouling systems on ships, laid down in London on 5 October 2001 (Treaties Journal 2004, 44), Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332), Directive 2005/33/EC of the European Parliament and the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels (OJ L 191), and Articles 1, 2, 4, 5, 6, 7, 8, 8a, 9, 10, 11, 12c, 12e, 21, 23, and 38 of the Act on the prevention of pollution by ships; Having heard the Council of State (recommendation of …, ref. …); Having studied the more detailed report by Our Minister for Transport, Public Works and Water Management of, No HDJZ/SCH/…, Principal Directorate for Legal Affairs, also issued on behalf of the Secretary of State for Housing, Planning and the Environment;

Have approved and understood the following:

Chapter 1 Introductory provisions

Chapter 1 Introductory provisions

Article 1 Definitions of terms

Article 1 Definitions of terms

1. In this Decree, and the provisions based thereon, the terms below shall be defined as follows:
   
   1. Act: Act on the prevention of pollution by ships;
      
   2. oil tanker: an oil tanker as referred to in regulation 1 of Annex I to the Convention;
      
   3. noxious liquid: a noxious liquid as referred to in regulation 1 of Annex II to the Convention;
      
   4. harmful substances in packaged form: harmful substances as referred to in regulation 1 of Annex III to the Convention in packaged form as referred to in that regulation, with the exception of harmful substances in packaged form intended for the ship’s own use or forming part of the ship’s own equipment;
      
   5. sanitary waste: sanitary waste as referred to in regulation 1 of Annex IV to the Convention, with the exception of rinsing water originating from rooms where pets are located;
      
   6. Antarctic region: region south of a latitude of 60° South;
      
   7. emission: emission as referred to in regulation 2 of Annex VI to the Convention;
      
   8. GT: the measuring unit gross-tonnage in which the whole of the ship’s capacity, determined in accordance with the Convention on Tonnage Measurement of Ships, laid down in London on 23 June 1969 (Treaties Journal 1970, 122), is expressed;
      
   9. length: the ship’s length, established in accordance with the Convention referred to in sub-section h;
      
   10. international journey: a journey between two different countries, in respect of which an area for whose foreign relations a government is responsible that is based outside of that area or in respect of which the United Nations are the governing body, shall also be designated as a separate country;
       
   11. AFS Convention: the International Convention on the control of harmful anti-fouling systems on ships, adopted in London on 5 October 2001 (Treaties Journal 2004, 44);
       
   12. IMO: the United Nations’ International Maritime Organisation;
       
   13. Marine Environment Committee: the IMO Committee of the same name;
       
   14. BCH Code: the Code adopted by resolution MEPC.20(22) of the Marine Environment Committee for the construction and equipping of ships that transport harmful chemicals in bulk (Bulk Chemical Code);
       
   15. IBC Code: the International Code adopted by resolution MEPC.19(22) of the Marine Environment Committee for the construction and equipping of ships that transport harmful chemicals in bulk (International Bulk Chemical Code);
       
   16. NOx Code: Technical Code on Control of Emission of Nitrogen Oxides from Marine Diesel Engines (Treaties Journal 2005, 30), adopted as an annex to resolution 2 of the 1997 Protocol amending the Convention for the Prevention of Pollution from Ships, 1973, as amended by the 1978 Protocol, with Annex (Treaties Journal 1999, 169).
       
2. For the purposes of the conventions and Codes that apply on the basis of this Decree, Administration will in this Decree and the provisions based thereon, unless otherwise provided for by, or pursuant to, this Decree, be taken to mean: the inspector-general.

Article 2 Designation of harmful substances

Article 2 Designation of harmful substances

The following shall be regarded as harmful substances as referred to in Article 1(h) of the Act:

1. oil and oil mixtures as referred to in regulation 1 to Annex I of the Convention;
2. noxious liquids, including traces thereof, or ballast water, washing water from tanks or other mixtures that contain such substances;
   
3. liquids which, on the basis of Annex II, have not been categorised or provisionally classified or assessed, or ballast water, washing water from tanks or other mixtures that contain such traces;
   
4. harmful substances in packaged form;
   
5. sanitary waste;
   
6. garbage as referred to in regulation 1 of Annex V to the Convention.

Article 3 Designation of conventions

Article 3 Designation of conventions

The AFS Convention shall be designated as another convention as referred to in Articles 8(1) and (3), 8a, 21 and 23 of the Act.

Article 4 Construction date of a ship

Article 4 Construction date of a ship

1. A ship’s construction date shall be the date on which the ship’s keel was laid, or the date on which, taking into consideration the relevant provisions laid down in the conventions or Codes that apply on the basis of this Decree, a construction date was reached that is comparable to that of keel laying.
   
2. By way of deviation from paragraph 1, the construction date of a ship that has been reconstructed into another type of ship identified on the basis of this Decree shall be the date on which hose reconstruction works were commenced, unless otherwise provided for in the conventions or Codes that apply on the basis of this Decree.
   
3. By regulation of Our Minister, more detailed rules may be laid down with regard to the date to be designated as construction date in the event of new constructions or reconstructions of ships. These rules may also pertain to the date to be designated as a construction date of a ship in the event of a deadline for completing a ship or a certain construction phase, to be determined by this regulation, being exceeded.

Chapter 2 Requirements for ships

Chapter 2 Requirements for ships

Article 10 Exemptions

Article 10 Exemptions

An exemption as referred to in Article 35(2) of the Act from the requirements referred to in Articles 5 and 6, if this is granted for a ship for which a certificate is issued as referred to in Article 12, will be noted on that certificate.

Article 11 Admission of equipment

Article 11 Admission of equipment

By regulation of Our Minister, rules may be laid down with regard to the conditions for admission of equipment onboard of ships, the use of that equipment and the documents by which it must be accompanied in the cases specified in that regulation.

Article 5 Requirements for ships on the basis of the MARPOL Convention

Article 5 Requirements for ships on the basis of the MARPOL Convention

1. Each ship shall meet the requirements of Annex I to the Convention that apply to that ship.
   
2. A ship intended or used for the transport of noxious liquids in bulk shall meet the requirements of Annex II to the Convention that apply to that ship.
   
3. Paragraph 2 shall apply mutatis mutandis to the ships referred to in that paragraph:
   
   1. for which a certificate as referred to in Article 12(2) is needed, or
      
   2. that do not sail to offshore ports within the legal jurisdiction of other parties to the Convention.
      
4. The following ships that make international journeys shall meet the requirements of Annex IV to the Convention that apply to that
   ship:
   
   1. new ships as referred to in regulation 1 of this Annex of 400 GT or more;
      
   2. new ships as referred to in regulation 1 of this Annex of less than 400 GT that are entitled to transport more than 15 people;
      
   3. existing ships as referred to in regulation 1 of this Annex of 400 GT or more, with effect from 28 September 2008;
      
   4. existing ships as referred to in regulation 1 of this Annex of less than 400 GT that are entitled to transport more than 15 people, with effect from 28 September 2008;
      
5. Each ship shall meet the requirements of Annex VI to the Convention that apply to that ship.
   
6. A ship that is equipped with one or more diesel engines to which regulation 13 of Annex VI to the Convention applies shall also meet the requirements included in the NO_x Code in respect of those engines. Compliance with those requirements shall, for each of those engines, be evident from an Engine International Air Pollution Prevention Certificate, issued in accordance with the NO_x Code.

Article 6 Requirements for ships on the basis of the Antarctic Treaty

Article 6 Requirements for ships on the basis of the Antarctic Treaty

One or more collection tanks with sufficient capacity for storing sanitary waste shall be present onboard each ship that is located in the Antarctic area.

Article 7 Requirements for ships on the basis of the AFS Convention

Article 7 Requirements for ships on the basis of the AFS Convention

1. Each ship shall meet the requirements of Annex I to the AFS Convention that apply to that ship.
   
2. Each ship measuring 24 m or more in length, but weighing less than 400 GT, that makes international journeys shall be accompanied by a declaration signed by the owner or their authorised agent as referred to in regulation 5 of Annex 4 to the AFS Convention, which shall meet the relevant requirements prescribed in that regulation.
   
3. Paragraph 2 shall not apply to floating platforms, floating storage units and floating production, storage and transit units.

Article 8 More detailed requirements

Article 8 More detailed requirements

1. By regulation of Our Minister, requirements may be prescribed with which ships must comply in connection with a certificate required pursuant to Article 15.
   
2. By regulation of Our Minister, additional requirements may be laid down for ships, as well as more detailed rules with regard to the requirements referred to in Articles 5 to 7.

Article 9 Equivalent provisions

Article 9 Equivalent provisions

The inspector-general may, taking into consideration the provisions in the relevant convention or the relevant Code, permit deviations from the requirements referred to in Article 5, if a provision is made onboard a ship which, in his opinion, is at least equivalent to the required provision in the regulation which is deviated from.

Chapter 3 Certificates and surveys

Chapter 3 Certificates and surveys

Section 1 Certificates

Section 1 Certificates

Article 12 Certificates on the basis of the MARPOL Convention

Article 12 Certificates on the basis of the MARPOL Convention

1. An International Oil Pollution Prevention Certificate, as referred to in regulation 7 of Annex I to the Convention, shall be issued for an oil tanker weighing 150 GT or more, or a ship other than an oil tanker, of 400 GT or more, in respect of which a survey has shown that it meets the requirements referred to in Article 5(1) and the requirements related to that paragraph, referred to in Article 8(2).
   
2. One of the following certificates shall be issued for a ship intended, or used, for the transport of noxious liquids in bulk, in respect of which a survey has shown that it meets the requirements referred to in Article 5(2), and the requirements related to that paragraph, referred to in Article 8(2), depending on the category to which the ship belongs.
   
   1. for chemical tankers built on or after 1 July 1986: a certificate of suitability for the transport of harmful chemicals in bulk, pursuant to the IBC Code;
      
   2. for chemical tankers built before 1 July 1986: a certificate of suitability for the transport of harmful chemicals in bulk, pursuant to the BCH Code;
   3. for ships that carry noxious liquids in bulk and do not belong to the categories mentioned under a and b: an International Pollution Prevention Certificate for the Carriage of Noxious Liquid Substances in Bulk as referred to in regulation 9 of Annex II.
      
3. An International Certificate on the prevention of pollution by sanitary waste, as referred to in regulation 5 of Annex IV to the Convention, shall be issued for ships as referred to in Article 5(4), in respect of which surveys have shown that they meet the requirements referred to in Article 5(4) and the requirements related to that paragraph, referred to in Article 8(2).
   
4. An International Air Pollution Prevention Certificate, as referred to in regulation 6 of Annex VI to the Convention, shall be issued for ships weighing 400 GT or more, in respect of which surveys have shown that they meet the requirements referred to in Article 5(5) and (6), and the requirements related to those paragraphs, referred to in Article 8(2).
   
5. An Engine International Air Pollution Prevention Certificate, pursuant to the NOx-Code, shall be issued for ships with one or more diesel engines to which regulation 13 of Annex VI to the Convention apply, in accordance with that Code, for each of those engines.

Article 13 Certificates on the basis of the AFS Convention

Article 13 Certificates on the basis of the AFS Convention

1. An International Anti-Fouling System Certificate as referred to in regulation 1.1 of Annex 4 to the AFS Convention shall be issued for ships weighing 400 GT or more, in respect of which surveys have shown that they meet the requirements referred to in Article 7, and the requirements related to that article, referred to in Article 8(2).
   
2. Paragraph 1 shall not apply to floating platforms, floating storage units and floating production, storage and transit units.

Article 14 Reports, appendices, etc. associated with certificates

Article 14 Reports, appendices, etc. associated with certificates

The certificates referred to in Articles 12 and 13 shall be accompanied by the reports, annexes and summaries associated with that certificate, as well as the information with regard to the ship or cargo prescribed in the relevant conventions and Codes.

Article 15 Other certificates and declarations

Article 15 Other certificates and declarations

1. By regulation of Our Minister, it may be stipulated that for certain ships, in respect of which a survey has shown that they meet the requirements that pertain to those ships, as referred to in Article 8(1), a special certificate must be issued.
   
2. By regulation of Our Minister, it may be stipulated that for certain ships to which Articles 12 and 13 do not apply, in respect of which a survey has shown that they meet the requirements that apply to those ships, as referred to in Articles 5 to 7 and the requirements that relate to those articles, as referred to in Article 8, a declaration may be issued at the shipowner’s request.

Section 2 Surveys

Section 2 Surveys

Article 16 Surveys in connection with MARPOL certificates

Article 16 Surveys in connection with MARPOL certificates

1. In order to obtain the certificate referred to in Article 12(1) to (4) and during the validity period of that certificate, ships shall undergo the following surveys laid down in the Convention:
   
   1. in connection with the International Oil Pollution Prevention Certificate: the surveys laid down in Annex I to the Convention;
      
   2. in connection with a certificate as referred to in Article 12(2): the surveys laid down in Annex II to the Convention;
      
   3. in connection with the International Certificate on the prevention of pollution by sanitary waste: the surveys laid down in Annex IV to the Convention;
      
   4. in connection with the International Air Pollution Prevention Certificate: the surveys laid down in Annex VI to the Convention.
      
2. In order to obtain an Engine International Air Pollution Prevention Certificate, and during the validity period of that certificate, the engine to which the certificate relates shall undergo the surveys laid down in the NO_x Code.

Article 17 Surveys in connection with the AFS certificate

Article 17 Surveys in connection with the AFS certificate

In order to obtain an International Anti-Fouling System Certificate, and during the validity period of that certificate, a ship shall undergo the surveys laid down in Annex 4 to the AFS Convention.

Article 18 Timing of surveys

Article 18 Timing of surveys

The surveys referred to in Articles 16 and 17 shall take place at the times laid down in the relevant conventions and codes, with the proviso that the renewal survey to which a ship is subject in connection with the renewal of a certificate must always take place in the last three months of the validity period of the certificate concerned.

Article 19 Recording of surveys

Article 19 Recording of surveys

The surveys undergone by a ship pursuant to Articles 16 and 17 during the validity period of a certificate shall be noted on the certificate by the party performing the survey.

Article 20 Other surveys

Article 20 Other surveys

1. Rules may be laid down by regulation of Our Minister relating to:
   

1. the surveys to which ships are subject in connection with a certificate as referred to in Article 15(1);
   
2. the surveys to which ships to which Articles 12 and 13 do not apply are subject.
   

• More detailed rules may be laid down by regulation of Our Minister relating to the surveys that ships must undergo in order to obtain the certificates referred to in Articles 16 and 17 and during the validity period of those certificates.

Article 21 Authority of designated natural persons or legal entities

Article 21 Authority of designated natural persons or legal entities

A natural person or legal entity designated pursuant to Article 8(3) of the Act shall be authorised, if a survey as referred to in Articles 16 and 17 reveals defects in the ship or its equipment, to require these defects to be rectified.

Article 22 Maintenance of condition following surveys

Article 22 Maintenance of condition following surveys

Following completion of a survey laid down in or pursuant to this Decree, with the exception of the survey referred to in Article 17, the condition of the ship and its equipment shall be maintained in accordance with the rules laid down in or pursuant to this Decree. No alterations shall be made to this condition without prior approval from the inspector-general or from the natural person or legal entity designated pursuant to Article 8(3) of the Act that performed the survey.

Section 3 Validity of certificates

Section 3 Validity of certificates

Article 23 Validity period of certificates

Article 23 Validity period of certificates

1. The certificates listed in Article 12 shall be valid for five years, with the exception of the Engine International Air Pollution Prevention Certificate, which shall be valid for the entire working life of the engine.
   
2. The International Anti-Fouling System Certificate shall, barring the provisions in Article 9 of the Act, be valid for an unlimited period.
   
3. The inspector-general may issue certificates with a shorter period of validity than that specified in paragraph 1 if not all of the surveys were completed to his satisfaction, or if he does not yet have all the information regarding the ship that he has requested.

Article 24 Renewal of certificates

Article 24 Renewal of certificates

Following the completion of a renewal survey in connection with the renewal of a certificate, the new certificate shall, by way of deviation from Article 23, be valid from the date of completion of the survey concerned to a date no more than five years after the expiry date of the existing certificate.

Article 25 Special extensions to the validity period

Article 25 Special extensions to the validity period

1. If, on the date when a certificate expires, a ship is not in a port where a renewal survey can take place, the inspector-general may extend the validity of the certificate by no more than three months in order to enable the ship to complete its journey to the port where it will be inspected. The ship shall not then leave that port without a new certificate.
   
2. The inspector-general may extend the validity of a certificate issued for a ship that makes short journeys by no more than one month.
   
3. In cases as referred to in paragraph 1 or 2, once the renewal survey has taken place the validity period of the new certificate shall be determined on the basis of the original expiry date of the existing certificate.
   
4. If, following completion of a renewal survey, the new certificate cannot be issued or provided to the ship before the expiry date of the existing certificate, the party that performed the survey may make a note of this on the existing certificate. In such cases, the existing certificate shall be regarded as valid for up to five months after its expiry date.

Article 26 More detailed rules

Article 26 More detailed rules
By regulation of Our Minister, more detailed rules may be laid down relating to the validity period of the certificate and declaration referred to in Article 15, and more detailed rules may be laid down relating to the validity period of the certificate referred to in Articles 12 and 13.

Article 27 Expiry and withdrawal of certificates

Article 27 Expiry and withdrawal of certificates

1. If a shipowner withdraws a ship from general service as a ship, the certificates issued to that ship shall expire.
   
2. If a shipowner withdraws a ship from a specific use that it had at the time when the certificates it requires were issued, but continues to use it as a ship, the certificates issued in connection with the specific use shall expire.
   
3. The inspector-general may withdraw a certificate:
   

1. if the ship has suffered significant damage that has not been repaired properly, or
   
2. If a survey by the authorised official of the Shipping Division shows that the ship cannot leave port without the risk of pollution of the marine environment.
   

• The owner must send expired or withdrawn certificates to the inspector-general as soon as possible, via officials of the Shipping Division, officials responsible for Customs clearance, or Dutch diplomatic or consular officials.
  
• Proof of receipt shall be given for a submitted certificate on request.

Article 28 Restoration of expired certificates

Article 28 Restoration of expired certificates

The inspector-general may restore the validity of a certificate that has expired pursuant to Article 9(1)(e) of the Act if, in his opinion, a survey has adequately shown that the ship complies with the relevant requirements.

Chapter 4 Dumping and other actions

Chapter 4 Dumping and other actions

Article 29 Prohibited dumping under the MARPOL Convention

Article 29 Prohibited dumping under the MARPOL Convention

1. It shall be prohibited to discharge oil or oil-containing mixtures as referred to in regulation 1 of Annex I to the Convention into the
   sea, other than in compliance with the regulations set out in that Annex, provided that:
   
   1. in the area of the Mediterranean Sea, the area of the Baltic Sea, the area of the Black Sea, the Gulf area, the Northwest-European waters, as referred to in regulation 1 of that Annex, and the Antarctic region, the regulations 15 and 34 of that Annex, as regards discharges in special areas, are applicable.
       
   2. in the other special areas, as referred to in regulation 1 of that Annex, the regulations 15 and 34 of that Annex, as regards discharges outside special areas, are applicable, and in these areas the regulations 15 and 34 as regards discharges in special areas become applicable at a time to be determined by Decree of Our Minister, which will be published in the Government Gazette.
      
2. It shall be prohibited to discharge the following liquids into the sea from a ship to which a certificate as referred to in Article 12(2) has been issued, other than in compliance with the regulations set out in Annex II to the Convention:
   
   1. noxious liquids, including traces thereof, or ballast water, washing water from tanks or other mixtures that contain such substances;
      
   2. liquids which, on the basis of Annex II, have not been categorised or provisionally classified or assessed, or ballast water, washing water from tanks or other mixtures that contain such traces.
      The discharge of bilge water, ballast water or other residues or mixtures containing only substances indicated as OS in the ‘pollution category’ column in Chapter 18 of the IBC Code shall be permitted.
      
3. It shall be prohibited to discharge harmful substances in packaged form, other than in compliance with the regulations set out in Annex III to the Convention. This ban shall also apply to empty, uncleaned packaging previously used for the transport of harmful substances in packaged form, unless adequate measures have been taken to ensure that no traces remain that could harm the marine environment.
   
4. It shall be prohibited to discharge sanitary waste into the sea from a ship as referred to in Article 5(4), other than in compliance with the regulations set out in Annex IV to the Convention.
   
5. It shall be prohibited to discharge garbage as referred to in regulation 1 of Annex V to the Convention in sea, other than in compliance with the regulations set out in that Annex, provided that:
   

1. regulation 5 of the Annex shall apply in the Baltic Sea, Gulf and North Sea regions, as referred to in regulation 5 of that Annex, and in the Antarctic region;
   
2. regulation 3 of the Annex shall apply in the other special areas, as referred to in regulation 5 of the Annex, and regulation 5 of the Annex shall become applicable in these regions at a time to be determined by regulation of Our Minister, which will be published in the Government Gazette.
   

• For the application of the regulations of the Convention applicable on the basis of this Article, Administration shall be understood to mean: Our Minister.

Article 30 Prohibited dumping under the Antarctica Convention

Article 30 Prohibited dumping under the Antarctica Convention

1. It shall be prohibited to discharge sanitary waste from a ship in the Antarctic region other than in compliance with the regulations laid down in Annex IV to the Protocol on environmental protection to the Antarctica Treaty, laid down in Madrid on 4 October 1991 (Treaties Journal 1992, 110), with the proviso that, for the application of those regulations, ‘discharge into the sea of untreated
   sanitary waste’ shall be understood to mean ‘discharge of sanitary waste that does not comply with regulation 11.1.2 of Annex IV to the MARPOL Convention’ and ‘persons’ shall be understood to mean ‘passengers’.
   
2. It shall be prohibited to discharge garbage as referred to in regulation 1 of Annex V to the Convention from a ship in the Antarctic region, other than in compliance with the regulations set out in the Annex IV referred to in paragraph 1.

• Informatietype: Informatie voor uitvoering
• Documentsoort: Oude wet- en regelgeving, niet in wetten.nl
• Toegangsrechten: Intern
• Identificatie: PUC_1172_14
• Versie: 1
• Datum beschikbaarheid: 28-12-2009
• Geldigheid van: 01-01-2007
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Decree on the prevention of pollution by ships (English, uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Thema: Decrees / Besluiten (AMvB)