1 General
1.1 Scope of Authorization
The Netherlands Shipping Inspectorate (further: 'the NSI') has authorised the Recognized Organizations (further: 'the ROs') to carry out surveys and issue certain certificates for ships that due to their specifics are not subject to one or more of the International Conventions. The NSI has furthermore authorized the ROs to perform most of the statutory surveys regarding safety matters and pollution prevention. The ROs are also authorised to issue on behalf of the Government of the Netherlands (further: 'the Netherlands') a National Safety Certificate (NVC) to a ship, subject to a satisfactory completion of the relevant surveys.
For further details and a complete overview of the authorization, reference is made to the Agreement between the Administration of the Netherlands and Recognized Organization, governing the authorization of statutory survey and certification services of ships registered in the Netherlands, flying the flag of the Kingdom of the Netherlands and classed by RO (the Agreement), the Annex I to the Agreement and the Appendix to Annex I to the Agreement
1.2 Application
This Instruction to Recognised Organisations (further: 'Instruction') solely addresses specific national requirements and transitional measures. The date of issuance of a certificate to a ship after an initial survey determines which regulatory requirements are applicable to that ship, bearing in mind any retroactive application of provisions.
This Instruction solely applies to ships, as referred to in article 3a., paragraph 1, sub a. up to and including sub d. of the Regulation Safety Seagoing Vessels:
a) Cargo ship of less than 500 GT with a length of 24 metres or more, not being a ship as referred to in item c);
b) Cargo ship with a length of less than 24 metres, not being a ship as referred to in item c);
c) Ship which has not been provided with mechanical means of propulsion; and
d) Cargo ship of 500 GT or more, solely intended and used for national voyages.
1.3 Definitions
The gross tonnage (GT) as referred to in this Instruction is the measure of the overall size of a ship, determined in accordance with the provisions of the International Convention on Tonnage Measurement of Ships, 1969 (ITC'69).
The length as referred to in this Instruction is the length of a ship, determined in accordance with the provisions of the ITC'69.
Existing ship: an existing ship is a ship of which the keel is laid before the 1st of July 2009 (ships flagging in excluded, reference is made to ItoRO no. 6).
2 Surveys and certification
2.1 General
2.1.1 Data such as GT, length and keel-laying date determine the applicability of relevant legislation and are necessary for the issuance of a Certificate of Registry (CoR). An RO shall not issue any certificate on behalf of the the Netherlands unless a (provisional) CoR has been issued to the ship by the Netherlands. Note: an ITC'69 Certificate, which is necessary in order to register a commercial ship, may be issued without a CoR, provided that it is certain that the ship will fly the flag of the Kingdom of the Netherlands.
2.1.2 A regular tonnage certificate may be issued but for ships with ITC length less than 24 meters a non-convention tonnage certificate which refers to ITC'69 is also acceptable. In case a request is received for tonnage measurements for e.g. yachts which are not classed, it is up to the RO to accept the request. Tonnage measurements for non-commercial yachts with length less than 24 m are not required1. In that case tonnage is established by formula.
2.1.3 A ship with a length of 24 metres or more, provided with mechanical means of propulsion, the SOLAS requirements (with specified National exemptions) are applicable depending on the construction date, contract date or the date of keel laying, including retroactive requirements.
2.1.4 The condition of the ship and its equipment should be maintained to ensure that the ship will remain fit for the intended operation. An intermediate survey is required to be carried out during the validity of the NVC. However, this does not exempt the shipowner from the obligations concerning the replacement, periodic servicing and maintenance, such as life-saving appliances and arrangements, radiocommunication equipment,, medical equipment and (fixed) firefighting equipment.
2.1.5 Only the required equipment and no surplus equipment shall be mentioned on the record of approved safety equipment attached to the NVC.
2.1.6 The initial, intermediate and renewal surveys shall be carried out in compliance with Ships Degree, Article 15 and Regulation Safety Seagoing Vessels, Article 9a. sub 2.a..
2.1.7 No alteration or modification shall be made to the structural arrangements, machinery, equipment, accommodation and other items, without the approval (on behalf) of the NSI.
2.1.8 The NSI shall be notified by the RO of any changes that affect the CoR or the Minimum Safe Manning Document (MSMD) as stipulated in the Agreement.
2.2 Existing ships
2.2.1 Equipment already placed on board existing ships may be accepted 'as-is' by the surveyor of the RO, provided it's in good working condition and mentioned in the updated Record of Approved Safety Equipment.
2.2.2 For an existing ship, of less than 500 GT, provided with mechanical means of propulsion, engaged on international voyages, the following checklists shall be used as guidance for the required safety equipment on board:
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Checklist cargo ship of less than 500 GT and 24 metres or more, provided with mechanical means of propulsion, (Inter)national trade (Annex A)
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Checklist cargo ship of less than 500 GT and less than 24 metres, provided with mechanical means of propulsion, (Inter)national trade (Annex B)
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Additional Instruction Safety Equipment in relation to checklists Annex A, B and D (Annex C)
2.2.3. An existing ship, not provided with mechanical means of propulsion, which is certified for manned operation at sea, as a minimum, shall be surveyed for compliance with the provisions as referred to in Article 9a. and Annex 3, paragraph 2 to the Regulation Safety Seagoing Vessels.
The following checklist shall be used as guidance for the safety equipment required to be on board:
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Checklist existing non-propelled manned barge (Annex D)
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Additional Instruction Safety Equipment in relation to Annex A, B and D (Annex C)
2.2.4 In case an existing ship which is not provided with mechanical means of propulsion and not certified for manned operation at sea, but is however provided with safety equipment, this shall not be mentioned on the NVC2.
2.3 Transitional provisions existing ships
When restrictions where imposed to the ship, which have not been covered by the Certificate of Class and/or the MSMD, these were included on the Certificate of Seaworthiness (CoS) and/or Declaration for manned operation. In that case they must have been transposed to the NVC. For example:
'The sailing area is restricted to GMDSS Areas (see above), conditions on the Certificate of Class and/or Minimum Safe Manning Document and with a wind force restriction 7 on the Beaufort scale.'
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In case a ship not provided with mechanical means of propulsion, has been provided with an assisted propulsion notation by the RO, the text in the applicable restriction box shall read: 'thrusters are for positioning purposes at the working location only, and not for propulsion purposes. The ship shall only be moved by other means than the propulsion placed on board, e.g. tug(s).'
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In case of a ship not provided with mechanical means of propulsion, that was provided with a declaration for manned operation, the text in the applicable restrictions box may read as follows (example) :
'For unmanned towed operation the sailing area is restricted to the notation as stated in the Certificate of Class.
For manned operation, the following conditions are applicable:
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The ship is permitted to have not more than 6 persons on board;
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The ship operates in coastal waters whereby the distance to the nearest land does not exceed 15 nautical miles;
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The wind force shall not exceed force 5 on the Beaufort scale;
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The ship is in VHF range with a coastal radio station or a standby ship equipped for the relevant GMDSS Sea Area.'
In all cases the Record of Equipment of the NVC should be attached, even if no equipment is provided.
2.5 Alterations and modifications
2.5.1 A ship which undergo alterations, modifications and outfitting related thereto, shall continue to comply with at least the requirements previously applicable to the ship. A ship, if constructed before the date on which any relevant amendment has entered into force, shall not as a rule comply to a lesser extent with these new requirements than it did before undergoing such alterations, modifications or outfitting.
2.5.2 Alterations and modifications of a major character (e.g. major conversion or changing type of ship) and outfitting related thereto, shall meet the requirements for ships constructed on or after the date on which any relevant amendments enter into force. This however in so far as the NSI deems this reasonable and practicable.
2.5.3 There is still a gap remaining in our national legislation for the requirements for structural fire protection for ships as referred to in Regulation Safety Seagoing Vessels, Article 3a, first paragraph, category b. and category c. (no more than 12 special personnel) with a date of construction between 01-07-2009 and 01-01-2018 or a building contract before 01-01-2018. As a result the current requirements for these ships are currently considered insufficient.
Therefore the NSI requires that the following items of IACS Recommendations No.99 - For the Safety of Cargo Vessels of less than Convention Size, as revised are to be checked for the aforementioned ships:
Compliance with the items is to be confirmed or non-compliance is to be reported to the NSI.
2.6 Requirements where the issuance of a certificate is not mandatory
In case where requirements apply to a ship, whilst the issuance of a certificate is not mandatory but our National legislation provides for means of voluntary certification the ROs are also authorised to verify compliance and issue such a voluntary certificate (e.g. MARPOL Annex I and IV, Maritime Labour Certificate, see the Agreement, Annex I, article 2.4.14). Compliance with the applicable requirements, also in case of voluntary certification is however ultimately the responsibility of the shipowner, although the RO is requested to report any non-compliances identified during its regular surveys.
2.7 Document of Compliances
A Document of Compliance (e.g. Dangerous Goods) cannot be issued to non-convention ships below 24 meter on behalf on the Government of the Netherlands. However, the Document of Compliance may be issued on behalf of the Classification Society.
This applies to the issuance of all document of compliances for non-convention ships, where Dutch legislation does not provide a basis.
3 Further guidance related to applicable legislation
Reference is made to the Netherlands Regulatory Framework. This document is intended as a formal guidance, but in some cases discrepancies may occur, then the NSI shall be contacted.
3.1 Safety items (Ships Act)
3.1.1 Class notation
3.1.1.1 With reference to Ships Decree 2004, Article 37, it is stressed that applied classification rules shall be appropriate for the type of ship and its intended use (e.g. Class Rules for a private yacht shall not be applied when such ship is intended for commercial use or the application of Class Rules for a manned operated barge when manned operation is excluded in such rules).
3.1.1.2 For project-fit equipment (projects with a duration not more than 3 months) for operations with personnel on board (manned working) the notation may be exempted upon a case-by-case basis. In that case the NSI shall be contacted.
3.1.1.3 Above requirements are to be interpreted as such that no machinery notation by the RO is required for barges which are exclusively certified for unmanned towed voyages only.
3.1.2 Protective coatings
SOLAS regulation II-1/3-2, concerning protective coatings of dedicated ballast water tanks is not applicable for ships as referred to in article 3a, paragraph 1, sub a, b and c of the Regulation Safety Seagoing Vessels.
3.1.3 Unattended Machinery Space–notation (UMS)
3.1.2.1 Some ships have been initially surveyed and approved for UMS by the NSI and are not approved for UMS by the classification society. See ItoRO no. 17 - Unattended Machinery Space - notation (UMS) for more information.
3.1.2.2 It shall be verified if a ship has a marking 'YES' for (periodically) unattended machinery space on the MSMD. In case the ship is not mentioned on the aforementioned list and has no UMS notation by the RO, while marked UMS on the MSDS, the NSI shall be contacted.
3.1.4 Stability and minimum freeboard
3.1.4.1 For the applicability of the IS-Code (2008), reference is made to Regulation Safety Seagoing Vessels, Article 22. There are no Damage Stability Requirements. The minimum freeboard (maximum draft) for cargo ships with a length of 12 meters or more and below 24 metres is determined by both the strength calculations (scantling draft) and the intact stability calculations. Since a Plimsoll marking is not required for ships below 24 meters, the maximum draft shall be clearly stated in the ship's approved stability booklet, as to prevent that service conditions are exceeded.
3.1.4.2 The NSI allows a relaxation of required bow height under certain conditions as described in Information to Shipping - Reduced minimum bow height.
3.1.4.3 Ships with a length of 24 metres or more (operating in Dutch National Waters only) shall comply with the International Convention on Load Line (ICLL). In such cases the Load Line data is to be completed in the Appendix of the National Safety Certificate.
3.1.5 Fire construction, fire protection, detection, extinction, requirements
3.1.5.1 In paragraph 2.2.3 of this Instruction (for an existing ship, not provided with mechanical means of propulsion, which is certified for manned operation at sea), the requirements for SOLAS Chapter II-2 are partly addressed, whereby reference is made to paragraph 2.2.1 of this Instruction.
Besides, also a safety plan (marked as 'noted', or an equivalent term used by the RO as a minimum), and Record of Approved Safety Equipment shall be on board.
3.1.5.2 Paragraph 2.2.2 of this Instruction (for existing ship, of less than 500 GT, provided with mechanical means of propulsion, engaged on international voyages) stipulates the equipment which is mentioned on the NVC and do not specifically deal with construction, fire protection, fire detection and fire extinction requirements.
3.1.5.3 For existing ships with a length of less than 24 metres restricted to voyages not exceeding a distance to the nearest shore of 30 nautical miles, the requirements stipulated in the Ships Decree 1965 ('Schepenbesluit 1965'), guidelines for Small Craft ('Bepalingen voor Kleine Vaartuigen'), including retroactive requirements, apply. In case an approved safety plan or Record of Approved Safety Equipment cannot be presented by the shipowner or in case of doubt the NSI should be contacted for additional instructions.
3.1.5.4 For existing ships, as referred to in the Regulation Safety Seagoing Vessels, Article 3a, paragraph 1, sub b and c (and no more than 12 special personnel), the requirements concerning the arrangement and capacity of fire pump(s) is related to the bilge pumping capacity. For these ships the bilge pumping requirements are provided by the Classification Societies' Rules.
3.1.6 International Cargo Ship Safety Radio Certificate
For cargo ships of 300 GT or more, provided with mechanical means of propulsion engaged on international voyages, reference is made to Ships Decree 2004, Article 5.
3.2 Environmental items (Prevention of Pollution from Ships Act)
3.2.1 MARPOL Annex I
3.2.1.1 For ships below 400 GT, not being an oil tanker, a MARPOL Annex I Declaration (on request of shipowner) may be issued on voluntary basis. Reference is made to Decree on the prevention of pollution by ships, Article 15, sub 2. The NSI does not prescribe the form of the declaration.
3.2.1.2 The duration, validity and issuance of the declaration shall be similar to the duration, validity and issuance of the International Oil pollution Prevention (IOPP) Certificate, as referred to in MARPOL Annex I, regulation 7, 8 and 10.
3.2.1.3 The surveys shall be in accordance with the requirement of the Regulation Prevention of Pollution from Ships, Article 12b.
3.2.3 MARPOL Annex V
Unless expressly provided otherwise, the provisions of Annex V shall apply to all ships.
3.2.4 MARPOL Annex VI
Reference is made to Reference is made to Decree on the prevention of pollution by ships, Article 5, sub 5, 6 and 7. MARPOL Annex VI, Chapter 3 is applicable to all ships.
In general, the engines subject to regulation 13, shall be tested and certified according to the NOx technical code belonging to Annex VI. In exceptional cases compliance may be demonstrated by complying with inland shipping rules as far as they are equivalent than as required by MARPOL Annex VI (in these cases the NSI shall be contacted).
3.2.5 Anti-Fouling System (AFS) Convention
Reference is made to Decree on the prevention of pollution by ships, Article 7. All ships shall comply with the applicable requirements of the AFS Convention. A ship below 400 GT and more than 24 meters in length, engaged in international voyages are, however, not subject to the surveys and certification under this convention. For such a ship reference is made to sub 2 of aforementioned article (AFS Declaration required).
3.3 Maritime Labour Convention
The Maritime Labour Convention (MLC) applies world-wide to all seagoing ships (with the exception of ships without mechanical means of propulsion3) used for commercial activities. Although ships of less than 500 GT are not obliged to be certified in accordance with the requirements of MLC. On a voluntary basis, a ship owner may nevertheless opt for certification under the MLC. For ships with a keel laying date on or after 20 August 2013, ROs are authorized to perform all necessary plan approval and required inspections. For ships with a keel laying date before 20 August 2013, the NSI performs the plan approval for the accommodation and recreational facilities.
3.4 Trading Areas
For a ship with mechanical means of propulsion for which the NSI's trading Area (see the Annex to the MSMD) is to be changed from non-continuous to continuous sailing (e.g. trading area 4 to 3), it will also have to be assessed whether the current accommodation is sufficient. If this is not the case, the accommodation shall be altered in compliance with applicable Rules of the Classification Society in combination with the applicable statutory requirements, the Netherlands Seamen's Decree or the Regulation Seafarers for ships with keel laying after 20 August 2013.