ItoRO no. 07 - Exemptions permitted to be issued by the Recognized Organization without prior consultation of the NSI

Introduction

Since subject survey and certification is delegated to the Recognised Organisations (ROs), the ship owner shall apply for an exemption at their RO and not directly to the flag state, after which the RO shall submit the proposal through the RO's Netherlands branch office to the Netherlands Shipping Inspectorate (NSI).

In accordance with chapter 6 of the Agreement of the 3rd of April 2014, as amended, between the NSI and the ROs (as amended), ROs are permitted to issue certain exemptions 'on behalf of the Government of the Netherlands'. The process for dealing with exemptions is described in paragraphs 6.3 and 6.5 to 6.8 of the Agreement.

Normally, and in accordance with the above mentioned process prescribed by the Agreement, exemptions are first forwarded to NSI for consultation before they are issued, except in case of the situation occurring outside office hours, for which the RO is authorized to issue a conditional certificate or statutory condition1 without prior consultation of the Administration (as per Agreement paragraph 6.8). The NSI affirms this by means of a statement.

For those exemptions which may be issued (also within office hours) without prior consultation, this Instruction provides the conditions and situations under which this is allowed, in order to reduce extra administrative burden. The RO shall assess the request and, without prior consultation of the NSI, may act in accordance with the requirements as mentioned in this Instruction under the relevant paragraph.

Reporting requirements

The RO shall inform the NSI, without delay, after issuance of the conditional certificate or statutory condition by an e-mail ([e-mail]) which states:

"<name RO> has, in accordance with the procedure, as per ItoRO no.7 – Exemptions permitted to be issued by the Recognized Organization without prior consultation of NSI, issued an <conditional certificate or statutory condition> for <name ship> with IMO <IMO no. ship> as per item <item no. in ItoRO no. 7>"

In case a follow-up conditional certificate or statutory condition is to be issued, the NSI is to be contacted by the RO beforehand with information about the actions taken so far by shipowner and/or the RO.

a) Single voyage with reduced (navigation bridge) visibility.

The RO's are permitted to issue an conditional certificate for a single voyage in order to comply with the requirements of SOLAS regulation V/22. Before issuing this conditional certificate, the RO shall verify that the necessary precautions as indicated below are in place prior to departure of the ship for that single voyage covered by the conditional certificate. It is the responsibility of the shipowner to ensure that the applicable requirements of the Dutch Labour Act and ILO are met, including the relevant requirements for shipping as stated in the Working Hours Decree Transport. It is also the responsibility of the shipowner and master of the ship to ensure that the applicable requirements of the STCW Code are met, in particular those mentioned in Section A-VIII/2, part 3.

As a minimum all of the following conditions will apply:

1. An extra observation post manned by a qualified lookout2, in compliance with section A-II/4 of the STCW Code, shall at all times be provided during the sea voyage. In all circumstances and at all times there is direct communication available between the officer in charge of the navigational watch on the navigation bridge and the extra qualified lookout in the observation post(s).

2. The safety and working conditions of the extra qualified lookout in the observation post shall be guaranteed:

   • Extra immersion suits and lifejackets shall be fitted in the observation post(s) for the number of persons present.

   • At all times and in all circumstances there shall be a safe escape route from the observation post(s).

3. The deployment of the qualified lookout in the observation post as well as the qualified lookout on the navigation bridge shall take into account the applicable requirements of the STCW Code as mentioned in Section A-VIII/2, part 3.

4. The common (overlapping) blind sectors of both the conning position on the bridge and of the position(s) of the observation post(s) are to be in compliance with the parameters of SOLAS regulation V/22.1.1 and V/22.1.2. In this respect 'blind sector' means the overlapping blind sector.

5. The proper functioning of navigation- and communication equipment must not be impaired by the situation giving rise to the reduced visibility situation or by measures taken in response, such as the additional observation post.

6. If, due to the positioning of the cargo, the radar picture provided by the (aft) radar scanners is partly obstructed, a radar scanner, as well as an adequate back-up3, shall be placed at the forward part of the ship; these shall be free from any obstruction in the forward direction.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Equivalent to the requirements of: SOLAS regulation V/22

In view of the conditions mentioned above, the following shall be noted:

1. Compliance with SOLAS regulation V/22.1.3, with the remark that for the wording 'conning position' may be read 'conning position ánd the observation post(s) together'.

2. Compliance with SOLAS regulation V/22.1.4, with the remark that for the wording 'each bridge wing' may be read 'from each bridge wing ánd the observation post(s) together'.

3. In order to comply with SOLAS regulation V/22.1.5, the horizontal field of vision form the conning position ánd the observation post(s) shall extend over an arc of not less than 225°, that is from right ahead to not less than 22.5° abaft the beam on either side of the ship. In the sector from right astern to 22.5° abaft the beam on either side of the ship, the field of vision may be obtained by the use of alternative means (e.g. camera's subject to the provisions of IACS UI SC 235 as corrected, as implemented into MSC.1/Circ.1350/Rev.1). The blind sectors as observed from the conning position should be verifiable through radar.

4. In case an exemption is required in relation to the radar installation and/or navigational lights also, the NSI shall be consulted beforehand.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

b) Connection of the BNWAS to the S-VDR

With reference to the Information to Shipping regarding Bridge Navigational Watch Alarm Systems (BNWAS) the issue of connection of the BNWAS to the Simplified Voyage Data Recorder (S-VDR) is addressed, clarifying that in exceptional circumstances, connection of the BNWAS to the S-VDR may be waived.

In this respect the RO may, without having to consult the NSI, grant exemption for connecting the BNWAS to the S-VDR in case that it is established, by means of a declaration from the manufacturer of the BNWAS, that the required data is not available and that the BNWAS cannot be adapted for this. A statement by the RO in the Ship Safety Certificate to this respect is also regarded as an exemption.

The exemption in fact deals with exempting the S-VDR from full compliance with the performance standards (SOLAS V/18.2) for S-VDRs, fitted before 1 June 2008 or fitted on- or after 1 June 2008.

The RO shall report without delay to the NSI in case an exemption as meant above is granted. The report shall contain, at least:

• particulars of the ship, and

• a copy of the manufacturer's declaration or similar evidence demonstrating that the required data is not available and that the BNWAS cannot be adapted for this.

Under the authority conferred by the provisions of: SOLAS regulation V/19.2.2.4

Exempted from the requirements of: full compliance of Resolution MSC.128(75)

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

c) Exemption and equivalency for the 5 knots installation test of life- or rescueboats

Introduction

IMO Resolution MSC.81(70), Revised recommendation on testing of life-saving appliances, states under paragraph 1.3 of part 2 (Production and installation tests) the following:

'Where the proper operation of life-saving appliances is dependent on their correct installation in ships, the Administration should require installation tests to ensure that the appliances have been correctly fitted in a ship.'

IMO resolution MSC.81(70) part 2, paragraph 5.4 requires a 5 knots installation test to be carried out in calm water and on even keel, for fully equipped davit-launched (Ref.MSC.482(103)) lifeboats on cargo ships of 20,000 GT and upwards and rescue boats. This test however is considered very hazardous, in particular when it concerns recovery of the life- or rescueboat after the test has taken place.

Also MSC.1/Circ.1392, dealing with evaluation and replacement of lifeboat release and retrieval systems, requires (under the 'Procedure for replacement) the 5 knots installation test to be carried out upon replacement of a non-compliant lifeboat release and retrieval system.

Acceptance based on trials by sisterships

In this respect, for ships built according to the same plans and with identical installation of rescue boat(s) and launching arrangement(s), the successful results from the launch test at 5 knots headway speed on the mothership are acceptable as documented evidence of the similar ability to launch the life- or rescueboat(s) from the sister ship(s) in the series.

The RO may, without having to consult the NSI and on above mentioned basis, issue an exemption for the 5 knots installation test on those sister ships.

Testing without recovering the life- or rescueboat afterwards

Anyhow, the NSI recommends the test to be performed at the end of the sea-trial in case of new ships. A tug could then tow the boat(s) inside, or if the weather/sea state is favorable, the boat(s) could be recovered.

Equivalent test with tug boat by new ships

Furthermore, the introduction of MSC.81(70) states that 'the Maritime Safety Committee, recommends Governments to ensure that life-saving appliances are subjected to:

1. the tests recommended in the Annex to the present resolution; or

2. such tests as the Administration is satisfied are substantially equivalent to those recommended in the Annex to the present resolution.'

In this respect, in the case of existing ships and in particular to address the problems with the application of MSC.1/Circ.1392, the NSI allows the following test to be performed, as an equivalent to the 5 knots installation test, to comply with SOLAS regulation III/17.3 for rescue boats and III/33.2 for davit-launched lifeboats on cargo ships of 20, 000 gross tonnage and upwards:

A tugboat is tied alongside the ship at the quay, whereby the tug engines create a '5-knot wash'. In this '5-knot wash' the installation test is performed.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Equivalent to the requirements of: Res. MSC.81(70) & MSC.1/Circ.1392

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

d) Conditional certificates in the absence of final stability booklets

SOLAS regulation II-1/5 and II-1/5-1 as well as the ILLC 1988 Protocol, regulation 10, require every passenger ship regardless of size and every cargo ship of 24 m and over to be inclined on completion and the elements of their stability determined. The master shall be supplied with stability information containing such information as is necessary to enable him, by rapid and simple procedures, to obtain accurate guidance as to the stability of the ship under varying conditions of service to maintain the required intact stability and stability after damage. For bulk carriers, the information required in a bulk carrier booklet may be contained in the stability information.

During the design phase of a ship preliminary stability documents are prepared based on a weight estimate which is confirmed by an inclining experiment/lightweight survey as applicable in accordance with SOLAS regulation II-1/5 on completion and prior delivery of the ship.

A statutory condition to the International Load Line certificates may be issued in order to allow time for the preparation and the approval of the final stability booklet drawn up on the lightship characteristics as obtained from the inclining experiment.

In this respect the RO may, without having to consult the NSI, issue a statutory condition to the International Load Line Certificate, valid for a maximum of 2 months, in the following cases and under the following condition:

1. New Construction – no exceedance

Deviations between the lightship particulars included in the preliminary stability booklet and the lightship particulars obtained from the inclining experiment/lightweight survey do not exceed the tolerances provided in SOLAS regulation II-1/5.2.

• Preliminary stability booklet is approved by the RO;

• Inclining experiment/lightweight survey has been performed and approved by the RO;

• Approved preliminary stability booklet and approved inclining test report/lightweight survey report shall be placed on board; and

• Appropriate statutory condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

2. New Construction - exceedance

Deviations between the lightship particulars included in the preliminary stability booklet and the lightship particulars obtained from the inclining experiment/lightweight survey exceeds the tolerances provided in SOLAS regulation II-1/5.2.

• Preliminary stability booklet is approved by the RO;

• Inclining experiment/lightweight survey has been performed and approved by the RO;

• An addendum shall be prepared and approved including the following information:

  1. Lightship particulars used in the approved preliminary stability booklet,

  2. Lightship particulars as obtained from the inclining experiment/lightweight survey,

  3. Deviation between item a. and b. for weight and center of gravities (LCG, TCG and VCG),

  4. Loading conditions drawn up on the basis of the lightship particulars obtained from the inclining experiment/light weight survey shall be prepared for the intended voyage(s) and approved for all applicable requirements.

     • As an alternative to d. the existing approved preliminary stability booklet may be used in conjunction with the addendum as described in a. till c. under the condition that values of max. VCG/ min. GM curve are available and are observed. Appropriate instructions to the Master to be provided.

• Approved preliminary stability booklet, approved inclining test report/lightweight survey report and approved addendum shall be placed on board; and

• Appropriate statutory condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

3. Conversion/modification

Deviations between the lightship particulars included in the approved stability booklet prior conversion and the lightship particulars obtained from the inclining experiment/ lightweight survey after conversion exceeds the tolerances provided in SOLAS regulation II-1/5.4 and the corresponding Explanatory Notes .

• The ship is having an approved stability booklet based on light ship particulars as obtained from the inclining experiment/lightweight survey prior conversion;

• A weight estimate based on calculations has been performed and the results are not in accordance with SOLAS regulation II-1/5.4 and the corresponding Explanatory Notes;

• A new inclining experiment/lightweight survey after completion of the conversion/modification has been performed and has been approved by the RO;

• An addendum shall be prepared and approved including the following information:

  1. Lightship particulars used in the approved stability booklet prior conversion/modification,

  2. Lightship particulars as obtained from the inclining experiment/lightweight survey after conversion/modification,

  3. Deviation between item a. and b. for weight and center of gravities (LCG, TCG and VCG),

  4. Loading conditions drawn up on the basis of the lightship particulars obtained from the new inclining experiment/light weight survey shall be prepared for the intended voyage(s) and approved for all applicable requirements.

     • As an alternative to d. the existing approved stability booklet may be used in conjunction with the addendum as described in a. till c. under the condition that values of max. VCG/ min. GM curve are available and are observed. Appropriate instructions to the Master to be provided.

• Appropriate statutory condition to be issued.

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from the requirements of: SOLAS regulation II-1/5 & ILLC 1988 Protocol, regulation 10

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

e) Conditional International Energy Efficiency Certificate

When the initial survey procedure cannot be completed pending the final review of the Energy Efficiency Design Index (EEDI) technical file, the NSI allows for the issuance of a statutory condition to the International Energy Efficiency Certificate.

Such a statutory condition may be valid for a maximum of 2 months, under the following conditions:

• All efforts shall be made to complete the final review of the EEDI technical file; and

• the review is expected to be completed within one month; and

• the necessary files and/or information were submitted by the owners in time.

The statutory condition shall state the following:

'The final attained EEDI and EEDI technical file have been submitted for verification. The verified technical file shall be placed on board and the validity of this statutory condition is limited to 2 months.'

Under the authority conferred by the provisions of: Ships Act, Article 5.2

Exempted from the requirements of: MARPOL Annex VI, regulation 6.4

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

f) Ballast Water Management System (BWMS)

1. BWMS commissioning

Commissioning testing of ballast water management systems became mandatory for all ships, after a period of voluntary early implementation, as per Regulation E-1.1. The BWMS Code (and the G8 Guidelines) already required commissioning procedures and an installation survey, and with the amendments a biological test has been added. However, due to different reasons, non-compliances may occur. The most common non-compliances are included in this Instruction, as follows:

a. Unavailability of commissioning test report (and sampling results)

If all tests have been carried out successfully but the commissioning test report (and sampling results) has not been issued yet, an International Ballast Water Management Certificate (IBWMC) in accordance with regulation D-2, may be issued, provided that the following statutory condition, for a period of not more than two months following the date of completion of the commissioning test, is also being issued:

'Commissioning test report of the BWMS in accordance with BWM.2/Circ.70/Rev.1, paragraph 8 to be provided to the RO.'

Under the authority conferred by the provisions of: BWMC regulation E-1.7

Exempted from or equivalent to the requirements of: BWMC regulation D-2

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

b. Commissioning test not possible

If the commissioning test cannot be carried out due to the equipment's System Design Limitations (for example low Ultraviolet transmittance (UVT)), or due to a shortage of independent personnel, a conditional IBWMC, in accordance with regulation D-2, may be issued for a period of not more than two months following the date of completion of the technical commissioning by the manufacturer or his representative, provided the attending RO surveyor ensures the following:

• The attending RO surveyor is provided with arrangements for the commissioning test (e.g. date, time, location);

• The reasons for not carrying out the commissioning test are recorded in the Ballast Water Record Book;

• The technical commissioning by the manufacturer or his representative has been carried out successfully and the BWMS is operational in all aspects;

• All other prerequisites of the BWMC (i.e. Ballast Water Management Plan, designated officer, familiarization of personnel with the equipment) are verified to be in compliance.

Under the authority conferred by the provisions of: BWMC regulation E-1.7

Exempted from the requirements of: BWMC regulation D-2

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

c. Commissioning test not successful

If the commissioning testing is not successful upon completion, the cause of the non-compliance has to be investigated. If the cause of non-compliance cannot readily be found, the ship may be issued with a conditional IBWMC, in accordance with regulation D-1, for a period of no more than two months following the date of unsuccessful completion of the commissioning test, provided that the conditions as specified in 'ItoRO no.7 item f)2. BWMS malfunction' have been met.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

2. BWMS malfunction

In cases where the BWMS is temporarily out of order while the ship is required to comply with D-2 standard, all efforts must be made (using available spares, or through remote assistance) to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI allows for the issuance of a conditional IBWMC. The following procedure applies:

According to IMO guidance circular on contingency measures BWM.2/Circ.62 the ship must contact the port authority and flag state administration immediately to discuss contingency measures. Exchange may be offered as a contingency measure but cannot be performed without permission from the port authority and flag state. Also the ship must obtain approval of the exchange method before proposing exchange as a contingency measure.

The exchange(s) shall be performed completely, B-4.3 of the BWMC (no deviation, no delay) is not applicable since the ship has to comply with the D-2 standard.

The RO may issue a conditional IBWMC, in order for the ship to reach the first port where the non-compliance of the BWMS can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair the BWMS as soon as possible

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• Regulation D-1 (Ballast Water Exchange Standard) to be performed as per approved Ballast water management plan;

• Risks and Safety procedures for Ballast water exchange to be followed from Ballast Water Management Plan;

• Entries in the Ballast Water record book conform BWM Annex Section E Appendix II -3;

• The relevant port State authority shall be informed by the Master or his representative and must agree;

• Ballast operations limited to inboard ballast transfers as far as possible. Only the absolutely necessary ballast will be discharged.

Under the authority conferred by the provisions of: BWMC regulation E-1.7

Exempted from the requirements of: BWMC regulation D-2

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

g) (S-)VDR malfunctioning

In cases where the (Simplified-) Voyage Data Recorder (S-)VDR system is temporarily out of order while the ship is required to comply with SOLAS regulation V/20, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue sailing the NSI, based on SOLAS V/16.2, allows for the issuance of a statutory condition to the Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a statutory condition to the CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the (S-)VDR can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair (S-)VDR as soon as possible;

• A Risk Assessment to be prepared - its results have to be implemented on board

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• The Master has to ensure that ship movements are recorded in the ships deck and engine logs, as far as reasonable and practicable;

• All orders and relevant navigational communication shall be recorded in the ship's logbook;

• Any occurances such as alarms are to be recorded/documented;

• Relevant safety and communication activities to be recorded/documented;

• Due to manual logging of information, additional bridge watches should be considered; especially when ship is trading through congested waters and entering or leaving ports (as deemed necessary by Master);

• (if applicable) the ECDIS shall be used to store radar tracked target information, AIS and other appropriate data layers check, used to assist in route monitoring (during the previous 12 hours);

• The backed-up ECDIS data shall be retrieved every 12 hours on external drive (or other medium) for use in any casualty investigation;

• Pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/20

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

h) Radar malfunctioning

Subject exemption is only applicable in the event that two radars are mandatory. In this respect reference is made to SOLAS Chapter V in force prior to 01-07-2002 and after 01-07-2002

In cases where a radar is temporarily out of order while the ship is required to comply with SOLAS regulation V/19, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI, based on SOLAS V/16.2, allows for the issuance of a statutory condition to the Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a statutory condition to the CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the radar can be resolved, but not longer than two months, under the following conditions (tables for X- and S-band):

1. X-band radar malfunctioning

• X-band radar to be repaired as soon as possible;

• a suitable warning notice is to be placed on the bridge and the defective X-band radar should also be marked accordingly;

• A Risk Assessment to be prepared - its results have to be implemented on board.

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction, this shall include the functional requirement of displaying the range and bearing of radar transponders as well as the operational limitations when compared with an S-band radar.

• the ship's remaining radar is in (regular) good order (for operation);

• the functional radar should be used with greater precaution;

• position fixes should be made more often by using GPS and visual bearings;

• all the other navigational equipment on board is in good working condition;

• ship's crew involved in navigation to be duly informed by the Master about the defective radar before any departure.

• the defective radar has to be taken into account in the Master's instructions to watchkeepers and in the voyage planning process;

• additional lookouts are appointed when navigating in congested waters or during reduced visibility and other relevant sea passage (up to the Master);

• pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.2

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

2. S-band radar malfunctioning

• S-band radar to be repaired as soon as possible;

• a suitable warning notice is to be placed on the bridge and the defective S-band radar should also be marked accordingly;

• A Risk Assessment to be prepared - its results have to be implemented on board;.

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• the ship's remaining X-Band radar is in (regular) good order (for operation);

• the functional X-band radar should be used with greater precaution;

• position fixes should be made more often by using GPS and visual bearings;

• all the other navigational equipment on board is in good working condition;

• ship's crew involved in navigation to be duly informed by the Master about the defective radar before any departure.

• the defective radar has to be taken into account in the Master's instructions to watchkeepers and in the voyage planning process;

• additional lookouts are appointed when navigating in congested waters or during reduced visibility and other relevant sea passage (up to the Master);

• pilots and relevant (port) authorities shall be informed by the Master or the officer in charge of the navigational watch on the defective equipment.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.7.1

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

i) Oil Water Separator (OWS) malfunctioning

In cases where the OWS (MARPOL Annex I, regulation 14) is temporary out of order, all efforts must be made (using available spares, or through remote assistance) to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading, the NSI allows for the issuance of a statutory condition to the International Oil Pollution Prevention (IOPP) Certificate. The following procedure applies:

According to MARPOL Annex I, regulation 6.4.3, the master or the owner of the ship shall report at the earliest opportunity to the Administration, the recognized organization or the nominated surveyor responsible for issuing the relevant Certificate, who shall cause investigations to be initiated to determine whether a survey as required by paragraph 1 of this regulation is necessary. If the ship is in a port of another Party, the master or owner shall also report immediately to the appropriate authorities of the port State and the nominated surveyor or recognized organization shall ascertain that such report has been made.

The RO may issue a statutory condition to the IOPP Certificate, in order for the ship to reach the first port where the non-compliance of the OWS can be resolved, but not longer than two months, under the following conditions:

• All efforts shall be made to repair the OWS as soon as possible;

• A Risk Assessment to be prepared - its results have to be implemented on board

• All personnel with duties that are influenced by the malfunction shall be instructed about that malfunction and the hazards, risks and consequences arising from that malfunction

• Sufficient storage capacity in holding tanks to store bilge to be confirmed for all voyages prior to departure from any port;

• Overboard valve of the OWS will be sealed and all will be collected in the designated holding tanks;

• Overboard discharge valve is kept closed;

• Master to declare that the valve is closed and locked/sealed;

• Any discharges if necessary will be made to designated reception facilities in accordance with MARPOL;

• Oil Record book to be updated accordingly;

• Relevant (port) authorities shall be informed by the Master or the shipowner regarding the defective equipment.

Under the authority conferred by the provisions of: MARPOL Annex I, regulation 6.4.3

Exempted from or equivalent to the requirements of: MARPOL Annex I, regulation 14

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

j) Temporarily suspension of UMS-notation

Several situations may occur resulting in the temporary suspension of the UMS-notation. The following condition shall be imposed, in case the UMS-notation is to be suspended due to the fact that UMS requirements can temporarily not be met:

'Engine room to be manned 24/7, by officers in charge of an engineering watch that hold at least a valid Certificate of Competency issued in accordance with at least STCW Reg. III/1. Requirements regarding working and resting hours shall be met at all times as well as the requirements as set out in STCW Chapter VIII'

The temporarily situation may exist for a maximum of 2 months. In case the situation without UMS-notation takes more time, the shipowner shall submit a new manningplan to the NSI for approval.

Relevant crewmembers shall be informed about the cause of UMS suspension as well as that sufficient mitigating measures shall be in place, so as to guarantee safe operation / good working conditions of the affected machinery / installations without any damage occurring.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

In all other cases were UMS-notation is suspended, as part of the conditions for a malfunctioning/defect, the shipowner shall provide the RO with specific information concerning the defective equipment and the repair of the defective equipment which shall be forwarded to the NSI in accordance with the ItoRO no.15.

k) Temporary exemption for the speed and distance measuring device (through the water)

Subject exemption is only applicable in the event that a speed and distance measuring device to indicate speed and distance through the water is required. Ships, having an exemption for Automatic Radar Plotting Aids (ARPA), may be exempted from the requirement to carry a speed and distance measuring device to indicate speed and distance through the water as per SOLAS regulation V/19.2.3.4.

In cases where a such a device is temporary out of order while the ship is required to comply with SOLAS regulation V/19.2.3.4, there are two situations possible:

1. Ship is equipped with a retractable transduces (a trunk and chest valve); and

2. Ship equipped with a non-retractable transducer (fixed installation without valve)

All efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI, based on SOLAS V/16.2, allows for the issuance of a statutory condition to the Cargo Ship Safety Certificate or Passenger Ship Safety Certificate.

Note for all temporary exemptions: If, for any reason, an unscheduled dry docking takes place earlier than the scheduled dry docking / bottom survey, repair of the speed log shall take place at this unscheduled dry docking.

The following procedure(s) applies:

1. Ships equipped with a retractable transducer (trunk and chest-valve)

If the ship is equipped with a transducer situated under a chest-valve, making it possible to replace or repair the log without the need for a dry dock, repairs shall take place as soon as practically possible4 and a temporary exemption will be issued for a maximum period of 4 weeks. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control; and

5. Clearly mark the equipment as being inoperative.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

2. Ships equipped with a non-retractable transducer (fixed installation without valve)

If the ship is equipped with a fixed non- retractable system, consequently a dry-dock or, alternatively, a diving underwater repair company shall be involved. In this case a temporary exemption may be granted until repairs can take place, taking the following into account:

a. Underwater repairs are possible (the log technical specifications indicate the possibility of underwater repairs):

If an underwater repair company is available and capable of repairing the log in water, this shall be done as soon as practically possible. All safety precautions, including port- or terminal restrictions shall be adhered to. If an underwater repair company is not available an exemption may be granted until the ship reaches a port where this facility is available. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control; and

5. Clearly mark the equipment as being inoperative.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

b. Underwater repairs are impossible and a dry-dock visit is necessary for the repair:

i. If a scheduled dry docking, part of an intermediate or renewal survey (safety construction, outside bottom survey) is planned within 6 months;

a temporary exemption shall will be granted until the survey, including the repairs, take place. Inherent to these outstanding repair works, the intermediate scheduled bottom survey can no longer be executed in-water. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control;

5. Clearly mark the equipment as being inoperative; and

6. During the temporary exemption the ships' GPS shall at all times provide speed and distance (over the ground) input signals to the ships' automatic radar plotting aid (ARPA or ATA) throughout the course of each voyage.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

ii. If a scheduled dry docking, part of an intermediate or renewal survey (safety construction, outside bottom survey) is scheduled more than 6 months from the date of malfunction;

a temporary exemption shall will be granted until the survey, including the repairs, take place. Inherent to these outstanding repair works, the intermediate scheduled bottom survey can no longer be executed in-water. During this period, the following conditions exists:

1. Awareness for navigating officers, as well as any pilots on board, referring to lack of speed and distance through the water information shall be ensured;

2. Effect on ARPA/ATA and reliability of target acquisitioning to be taken into account (i.e. the radar mode 'TRUE VECTORS' and 'TRIAL MANOEUVRE' are not to be used for evaluating navigation situations and / or collision avoidance situations);

3. On ships where ARPA/ATA is a mandatory requirement, navigating officers shall determine an estimated speed through the water at least once every watch and whenever necessary according to safe navigation practices;

4. Obligation of the master to report failure of SOLAS equipment requirement malfunction under EU directive (reporting obligations) and Port State Control;

5. Clearly mark the equipment as being inoperative; and

6. During the temporary exemption the ships' GPS shall at all times provide speed and distance (over the ground) input signals to the ships' automatic radar plotting aid (ARPA or ATA) throughout the course of each voyage.

7. the administration shall be informed with all relevant technical details regarding the speed log concerned. This information shall specifically contain details of previous attempts made to repair the equipment including underwater repair possibilities.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.4

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

l) Non-availability of toxic-vapour-detection equipment (IBC Code)

The non-availability of toxic-vapour-detection equipment is a common problem. For a lot of products under the International Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk (IBC Code) for which toxic-vapour-detection equipment is required by the Code, no such equipment is on the market.

With reference to what is stated in paragraph 13.2.3 of the IBC code and when toxic-vapour-detection equipment is not available to the ship (see also 'Information to Shipping - Non-availability of toxic-vapour-detection equipment (IBC Code)'), the NSI allows to exempt a ship under the condition that for each applicable product an entry (by means of a footnote) shall be provided in the table on the attachment 1 to the ship's International Certificate of Fitness for the Carriage of Dangerous Chemicals in Bulk. The footnote to be used shall read as follows:

'When carrying this product it is required that the ship is provided with toxic-vapour-detection equipment. In case, prior to each loading, such toxic-vapour-detection equipment is not available, the requirements of paragraph 13.2.3 of the IBC Code must be adhered to, taking into account paragraph 14.2.4 and 16.4.2.2 of the IBC Code.'

It is acknowledged that current footnote('s) used on the existing document of the ship may slightly differ. The current Certificate (and/or its attachment 1) may however remain in place until the renewal survey under the IBC Code is conducted or until it is changed for other reason (e.g. product added to- or deleted from the list of products the ship is suitable to carry).

m) Shipboard incineration malfunctioning

In cases where the ships' incinerator (MARPOL Annex I reg 12.2) is temporary out of order, efforts must be made (using available spares, or through remote assistance) to make the system operational again, since subject system is mentioned on the supplement to the International Oil Pollution Prevention (IOPP) Certificate. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity.

In order to allow the ship to continue trading, the NSI allows for the issuance of a statutory condition to the IOPP Certificate by the RO, with a validity of no longer than two months, under the following conditions:

• All sludge generated on board shall be discharged to an authorised shore side reception facility at regular intervals as need be to maintain enough storage capacity for sludge for the intended voyage.

• All garbage generated on board shall be discharged to an authorised shore side reception facility at regular intervals as need be to maintain enough storage capacity for garbage for the intended voyage.

• The quantity, time and port of discharge of all sludge and slops must be recorded in the Oil Record Book as well as in bridge and engine logs.

• The quantity, time and port of discharge of all garbage must be recorded in the Garbage Record Book as well as in bridge and engine logs.

• The inoperative equipment shall be clearly marked as out of order, documented in the ships deck and engineering logbooks, and relevant crew instructed accordingly.

Under the authority conferred by the provisions of: MARPOL Annex I, regulation 3

Exempted from or equivalent to the requirements of: MARPOL Annex I, regulation 12.2

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

n) Gyro compass malfunctioning

In cases where the ships' gyro compass (SOLAS, regulation V/19.2.5.1) is temporarily out of order, efforts must be made (using available spares (i.e. maintenance kit), or through remote assistance) to make the system operational again, since subject system is mentioned on the 'Record of equipment for the (Cargo- or Passenger) Ship Safety Certificate (resp. Form C or Form P).' When this is not possible, spares and/or service must be arranged at the earliest possible opportunity.

In order to allow the ship to continue trading, the NSI allows for the issuance of a conditional Ship Safety Certificate by the RO, with a validity of no longer than two months, under the following conditions:

• The ship's crew and officers shall be informed by the Master with regard to the defective Gyro Compass and that in the meantime ARPA functions of the Radar(s) shall not be used;

  • The differences between ground stabilization and sea stabilization of the radar shall be taken into account.

• The ship's magnetic compass shall be properly adjusted and fully operational;

• The compass journal shall be up to date and the deviation within acceptable limits and means of correcting headings and bearings to true shall at all times be provided;

  • The watch-keeping officer and bridge crew shall be aware of the magnetic deviations of the magnetic compass.

• A risk assessment to be carried out by the Master and mitigating actions to be put in place. This shall include measures in relation to: AIS status, ECDIS operation and emergency steering (instructions).

  • True courses - all true courses of the passage plan to be changed to magnetic for easy reference and verification of the ship's heading with the magnetic compass.

  • Ship's position shall be checked in regular intervals while navigating in restricted waters and open sea. While in restricted waters position fixing should be made at intervals of 3, 6 and 12 minutes depending on the ship's speed. At open sea positions should be plotted at intervals of 30 minutes or more often if deemed necessary. Positions shall be verified by different means (i.e. GPS, visual, radar) in order to ensure correctness.

• Prior to departure course over the ground (COG) on the GPS shall be compared to the actual heading of the ship taken from the chart in order to ensure proper COG heading is indicated on the GPS;

  • COG given by the GPS shall be cross checked with the magnetic compass at regular intervals and the results logged in the dedicated space of the deck logbook.

• The gyro repeaters shall not be used at any time in order to avoid an accidental reference (its cover material has to be in place and secured);

  • A warning label shall be posted on the bridge and has to be attached to the damaged gyro, to prevent any accidental switching over to the damaged gyro by the crew/helmsman during navigation and proceeding to sea.

  • If navigating from the bridge wings, the navigating watch officer shall be provided with a portable radio for communication with the bridge regarding magnetic compass headings;

• Navigation has to be carried out with particular precautions when using the magnetic compass only;

• In case the auto pilot cannot be used in combination with the magnetic compass, the ship is required to maintain manual steering during the voyage. Sufficient manning shall be available in the event of manual steering;

  • In this respect reference is made to Chapter VIII of the STCW when drawing up watch schedules and with special emphasis on the separate roles of a look-out and the helmsperson.  Implementation shall be verified by the Master and recorded in the ship's logbook.

• All other navigational equipment on board shall be in sound working condition;

• Port- and (Port) State Control Authorities shall be informed about the defective gyro;

• The ship shall not leave the first coming port where service and spare parts are available, before the gyro is repaired.

Under the authority conferred by the provisions of: SOLAS, regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS, regulation V/19.2.5.1

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

o) Echosounding equipment malfunctioning

In cases that equipment related to the echosounding arrangement is temporarily out of order while the ship is required to comply with SOLAS regulation V/19(.2.3.1)5, all efforts must be made to make the system operational again. When this is not possible (and therefore no continuous updated indication of the underkeel clearance is available), spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI, based on SOLAS V/16.2, allows for the issuance of a statutory condition to the Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a statutory condition to the CSSC or PSSC, in order to arrange and carry out repairs. Depending on the nature of the defect, such statutory condition may exist for:

1. Echosounder transducer: until first opportunity, however ultimately upcoming drydock service;

2. Echosounder display (only) on the bridge: no longer than two months;

under the following conditions:

1. Echosounder transducer

• All the other navigational equipment onboard is in good working order;

• Risk Assessment for current situation prepared;

• All necessary additional precautions/control measures as identified in the risk assessment shall be adhered to.

• All the officers in charge of a navigational watch are aware of the said deficiency and of the measures implemented to mitigate it;

• Clearly mark the equipment (on the bridge) as being inoperative;

• The calculation of the under keel clearance during passage planning to be increased by at least 10%,

• In areas in which chart soundings are potentially unreliable, ships speed to be reduced;

• The master is to take adequate operational precautions, including the use of a portable water depth sounding device, when the ship is transiting restricted or congested waters, or if deemed necessary by the Master;

• The ship shall maintain a log indicating the date and time when soundings with the portable device were taken, the location and the water depth.

• Before entering or departing a port, master is to inform the appropriate port authorities and any pilot taken on board that the echo sounding device is not operational;

• Master Standing orders shall be updated accordingly;

• Any revised routes in passage plan to be reviewed and authorized by the ships Master.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.1

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

2. Echosounder display on the bridge

• All the other navigational equipment onboard is in good working order;

• All the officers in charge of a navigational watch are aware of the said deficiency and of the measures implemented to mitigate it;

• Clearly mark the display as being inoperative;

• Before entering or departing a port, master is to inform the pilot taken on board that the display is not operational;

• As this concerns only the screen of the main display, although the echosounder itself is still working and providing data to other equipment (such as ECDIS and repeater(s)), this is to be confirmed by the Master.

Under the authority conferred by the provisions of: SOLAS regulation V/16.2

Exempted from or equivalent to the requirements of: SOLAS regulation V/19.2.3.1

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

p) Exhaust Gas Cleaning System single sensor failure

In cases where the Exhaust Gas Cleaning System (EGCS) is temporarily not (completely) in compliance, due to a single sensor failure, while the ship is required to comply with the equivalent under MARPOL Annex VI, regulation 4.1, all efforts must be made (using available spares, or through (remote) assistance) to make the system in compliance again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity.

For this item, reference is made to MEPC.1/Circ.883/Rev.1 - GUIDANCE ON INDICATION OF ONGOING COMPLIANCE IN THE CASE OF THE FAILURE OF A SINGLE MONITORING INSTRUMENT, AND RECOMMENDED ACTIONS TO TAKE IF THE EXHAUST GAS CLEANING SYSTEM (EGCS) FAILS TO MEET THE PROVISIONS OF THE EGCS GUIDELINES, as may be revised (further: the guidance).

As indicated in the guidance, an EGCS malfunction is any condition that leads to an emission exceedance which lasts for more than one hour6 with the exception of cases where a single sensor failure as described in sections 9 to 11 occurs while interim indication of ongoing compliance7 can be provided.

In these cases, in accordance with the guidance, below conditions apply in order to allow the ship to continue trading. The NSI allows for the issuance of a statutory condition to the International Air Pollution Prevention IAPP certificate, but in any case not longer than two months, under the following conditions:

• A confirmation by the EGCS manufacturer shall be obtained by the shipowner stating that the ship is still in compliance with IMO EGCS Guidelines despite the single sensor failure and also providing the necessary data to be recorded as well as additional measures (if applicable).

• This information together with the relevant EGCS data as recorded for the performance of the EGCS showing values in line with values prior to the malfunction shall be submitted to the RO;

• The RO will then assess the information and decide on additional conditions after reviewing the information by the manufacturer in combination with the EGCS operation records;

• Malfunction of the instrumentation for the monitoring of Emission Ratio or discharge water (pH, PAH, Turbidity) shall be included in the EGCS Record Book and all other relevant data shall be logged, at least every hour either manually or automatically (e.g. sensor data, engine load, wash water flow and sulphur content / grade of fuel) including the date and time the malfunction began as well as records of additional measures (if applicable). These records serve as an alternative documentation demonstrating compliance until the malfunction is rectified;

• Repairs shall be carried out at soonest.

Under the authority conferred by the provisions of: MARPOL Annex VI/5.6

Exempted from or equivalent to the requirements of: MARPOL Annex VI/4.1

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Statutory condition (as per IACS) or its synonym

All conditions are to be stated in subject statutory condition, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place.

q) Emergency generator malfunction

In cases where the emergency generator is temporarily out of order, all efforts must be made to make the generator operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading the NSI allows for the issuance of a conditional ship safety certificate. The following procedure applies:

1. In case of emergency generator malfunction is detected while at sea

In that case measures are to be taken in order to mitigate the risks. In the port of arrival, repairs shall in principle have to be completed. Only when repairs prove impossible causing unreasonable delay the ship can be allowed to sail. This however only when the conditions as given under section 2 are complied with.

For the remaining voyage while at sea to the port of arrival, the following conditions are applicable:

• All (engine room) officers and relevant crew members are briefed about actions to be taken in case of power failure;

• All crew members to be on higher alert for the remaining voyage, especially when navigating restricted waters;

• All remaining (shaft- and auxiliary-) generators are in normal working condition and operated as such that risk of black out is reduced;

• Risk assessment to be made;

• Up to the Master and/or local Authority: Tug boat escort required during entering port;

• Engine Room to is manned by at least an officer in charge of an engineering watch (if applicable: Temporarily suspension of UMS-notation);

• Pilot and local (Port) authorities shall be informed by the Master or officer in charge of the navigation about emergency generator malfunction;

• Ship shall not sail from first coming port of arrival, until repairs or mitigating measures are taken.

Under the authority conferred by the provisions of: SOLAS regulation I/11(c)

Exempted from or equivalent to the requirements of: SOLAS regulation II-1/41 (passenger ships) SOLAS regulation II-1/43 (cargo ships)

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

2. In case the emergency generator malfunction cannot be repaired causing unreasonable delay while the ship is still in port or has arrived in port

In case the emergency generator cannot be repaired before departure, a temporary power pack (e.g. a containerised generator), shall be installed. A conditional safety certificate may be issued, for a maximum 2 months. In case a temporary power pack is installed the following conditions apply:

General requirements

1. Repairs to defect emergency generator to be carried out at soonest;

2. Risk assessment to be made;

Capacity requirements

3. The capacity of the power pack shall at least be equal to the faulty emergency generator and it shall hold a valid type approval certificate or similar;

Location requirements

4. The power pack shall be placed in the near surrounding of the emergency generator room and such that structural fire protection of boundaries are compliant with SOLAS regulation II-2/9.2.3;

5. The power pack shall be placed outside the engine room and it does not block the entry into the emergency diesel generator room and emergency switch board;

6. The power pack shall be adequately secured and may not impair the stability of the ship;

7. The power pack shall located outside hazardous area;

Operational requirements

8. The power pack shall be suitable for operation under seagoing conditions (SOLAS regulation II-1/43.6);

9. The power pack shall have minimum two means of starting;

10. Regular (shaft) auxiliary generator(s) shall be operated as such that risk of black out is reduced;

11. The engine room will be manned during departure and arrival port by an officer in charge of an engineering watch;

12. All crewmembers are briefed about actions to be taken in case of power failure and properly instructed for the safe operation of the temporary arrangement;

13. Detailed operating instructions provided near power pack and on emergency switchboard;

Electrical requirements

14. The power pack is fully linked into the emergency switchboard and it will start automatically;

15. Electric hook up, connections and operations to be in compliance with the ROs Class Rules;

16. Type approved cables adequate for the power delivered and properly fixed while passage through bulkheads shall be sufficiently weathertight;

17. In case of power pack exceeding the emergency generator capacity rating: Single line diagram, load balance and short circuit calculations to be reviewed by RO;

Fuel requirements

18. The fuel capacity is sufficient for a running time of 18 hours (for passenger ships 36 hours);

19. The fuel supply can be instantly closed (from a safe place) in case of a fire;

20. The fuel tank air vent open end is to be at safe location and fitted with wire gauze diaphragm;

21. The fuel tank and piping shall be fixed tight and routed safely;

22. Duplex fuel filters installed on the power pack;

Fire protection requirements

23. If the power pack is >375 kW, a fixed fire extinguishing system in accordance with SOLAS is required;

24. Power pack shall be provided with fire detection system that is linked into the ships fire detection system;

25. Sufficient means of other firefighting equipment to be readily available in the direct surroundings of the power pack. (e.g. 45 liter Foam and portable 20 liter foam applicators and CO2 extinguishers etc.);

Safety devices

26. Sufficient safety, control and monitoring devices installed (e.g. Short circuit protection and A/C breaker, shut-down, systems for reverse power, overload, overcurrent, short circuit, over voltage, low voltage, earth fault, HP fuel leakage, L.O. pressure and temperature, over-speed, exhaust gas temperature, cooling water pressure and temperature);

Reporting requirements

27. Pilot and local (Port) authorities shall be informed by the Master or officer in charge of the navigation about the malfunction of the emergency generator and arrangement temporary power pack.

28. Above requirements shall be examined and found satisfactory for the attending ROs Surveyor.

Under the authority conferred by the provisions of: SOLAS regulation I/11

Exempted from or equivalent to the requirements of: SOLAS regulation II-1/41 (Passenger ships) SOLAS regulation II-1/43 (cargo ships)

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

r) GMDSS Malfunctions

1. VHF radio installation malfunctioning

Subject exemption is applicable in the event that a ship does have an VHF radio installation, forming part of the duplication of GMDSS equipment.

In case above mentioned equipment is (temporarily) not fit for use / ready to operate, while the ship is required to comply with the relevant SOLAS regulation, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading in its actual GMDSS sailing area the NSI, based on SOLAS IV/15.8, allows for the issuance of a conditional Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the 'VHF radio installation' can be resolved, but not longer than two months, under the following conditions:

• Risk assessment to be carried out with risk control measures to be implemented onboard,

• All navigational officers/watch-keepers are to be made aware of the defective VHF/DSC,

• Entry of the malfunctioned VHF/DSC radio installation is to be recorded in the GMDSS logbook,

• The master to ensure another VHF/DSC is in good working condition; and

• The Competent Port State authorities are to be notified of this defect each time when the ship calls at a port.

Under the authority conferred by the provisions of: SOLAS regulation IV/15.8

Equivalent to the requirements of (whichever is applicable): SOLAS regulation IV/15.6; or SOLAS regulation IV/15.7.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

2. MF radio installation malfunctioning

Subject exemption is applicable in the event that a ship does have an MF radio installation (as mentioned under SOLAS regulation IV/9.1.1) ánd is certified to sail in GMDSS area A1, A2 and/or A3. In such occasions, and with reference to SOLAS regulation IV/8, SOLAS regulation IV/9 and SOLAS regulation IV/10(.1), the ship is to be equipped with an 'MF radio installation', forming part of the duplication of GMDSS equipment.

In case above mentioned equipment is (temporarily) not fit for use / ready to operate, while the ship is required to comply with the relevant SOLAS regulation, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading in its actual GMDSS sailing area the NSI, based on SOLAS IV/15.8, allows for the issuance of a conditional Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the 'MF radio installation' can be resolved, but not longer than two months, under the following conditions:

i. GMDSS Area A1 (SOLAS regulation IV/8)

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• In case ship is not equipped with the EPIRB option under SOLAS regulation IV/8.1.3: Additional long range optional radio communication system is provided and in good working order (i.e. a satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated);

ii. GMDSS Area A2 (SOLAS regulation IV/9)

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• The crew is well aware of the fact that any direct distress communication with ships outside the VHF range might not be possible;

• A position report to be sent to the companies office at least every 4 hours while outside GMDSS Sea area A1;

• In case ship is not equipped with the EPIRB option under SOLAS regulation IV/9.1.3.1: Additional long range optional radio communication system is provided and in good working order (i.e. a satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated);

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency when entering sea area A2 (/ sailing outside sea area A1);

• The above procedure for emergency/distress situations outside sea area A1 must be communicated to the above mentioned authorities, such that the relevant authorities may take proper action in case of emergency/distress.

iii. GMDSS Area A3 (SOLAS regulation IV/10(.1))

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• The crew is well aware of the fact that any direct distress communication with ships outside the VHF range might not be possible;

• A position report to be sent to the companies office at least every 4 hours while outside GMDSS Sea area A1;

• In case ship is not equipped with the EPIRB option under SOLAS regulation IV/10.2.3.1: Additional long range optional radio communication system is provided and in good working order (i.e. a satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated);

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency when entering sea area A2 (/ sailing outside sea area A1);

• The above procedure for emergency/distress situations outside sea area A1 must be communicated to the above mentioned authorities, such that the relevant authorities may take proper action in case of emergency/distress.

Under the authority conferred by the provisions of: SOLAS regulation IV/15.8

Equivalent to the requirements of (whichever is applicable): SOLAS regulation IV/8; or SOLAS regulation IV/9; or SOLAS regulation IV/10(.1).

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

3. MF/HF radio installation malfunctioning

Subject exemption is applicable in the event that a ship does have an MF/HF radio installation (as mentioned under SOLAS regulation IV/10.2.1) ánd is certified to sail in GMDSS area A2, A3 and/or A4. In such occasions, and with reference to SOLAS regulation IV/9, SOLAS regulation IV/10(.2) and/or SOLAS regulation IV/11, the ship is to be equipped with an 'MF/HF radio installation', forming part of the duplication of GMDSS equipment.

In case above mentioned equipment is (temporarily) not fit for use / ready to operate, while the ship is required to comply with the relevant SOLAS regulation, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading in its actual GMDSS sailing area the NSI, based on SOLAS IV/15.8, allows for the issuance of a conditional Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the 'MF/HF radio installation' can be resolved, but not longer than two months, under the following conditions:

i. GMDSS Area A2 (SOLAS regulation IV/9)

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF / HF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• A position report to be sent to the companies office at least every 4 hours while outside GMDSS Sea area A1;

• In case ship is not equipped with the EPIRB option under SOLAS regulation IV/9.1.3.1: Additional long range optional radio communication system is provided and in good working order (i.e. a satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated);

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency when entering sea area A2 (/ sailing outside sea area A1);

• The above procedure for emergency/distress situations outside sea area A1 must be communicated to the above mentioned authorities, such that the relevant authorities may take proper action in case of emergency/distress.

ii. GMDSS Area A3 (SOLAS regulation IV/10(.2))

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment are in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF / HF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• A position report to be send to the companies office at least every 4 hours while outside GMDSS Sea area A1;

• In case ship is not equipped with the EPIRB option under SOLAS regulation IV/10.2.3.1: Additional long range optional radio communication system is provided and in good working order (i.e. a satellite EPIRB, either by installing the satellite EPIRB close to, or by remote activation from, the position from which the ship is normally navigated);

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency when entering sea area A2 (/ sailing outside sea area A1);

• The above procedure for emergency/distress situations outside sea area A1 must be communicated to the above mentioned authorities, such that the relevant authorities may take proper action in case of emergency/distress.

iii. GMDSS Area A4 (SOLAS regulation IV/11)

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA also includes that malfunction of MF / HF radio installation may result in loss of receiving DSC safety and emergency calls from other ships and coastal stations if applicable;

• All relevant crewmembers to be informed / advised appropriately;

• A position report to be sent to the companies office every 4 hours while outside GMDSS Sea area A1;

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency when entering sea area A2 (/ sailing outside sea area A1);

• The above procedure for emergency/distress situations outside sea area A1 must be communicated to the above mentioned authorities, such that the relevant authorities may take proper action in case of emergency/distress.

Under the authority conferred by the provisions of: SOLAS regulation IV/15.8

Equivalent to the requirements of (whichever is applicable): SOLAS regulation IV/9; or SOLAS regulation IV/10(.2); or SOLAS regulation IV/11.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

4. Recognised mobile satellite service ship earth station malfunctioning

Subject exemption is applicable in the event that a ship does have a recognised mobile satellite service ship earth station (as mentioned under SOLAS regulation IV/10.1.1) ánd is certified to sail in GMDSS area A2 and A3. In such occasions, and with reference to SOLAS regulation IV/9 and SOLAS regulation IV/10, the ship is to be equipped with a 'recognised mobile satellite service ship earth station installation', forming part of the duplication of GMDSS equipment.

In case above mentioned equipment is (temporarily) not fit for use / ready to operate, while the ship is required to comply with the relevant SOLAS regulation, all efforts must be made to make the system operational again. When this is not possible, spares and/or service must be arranged at the earliest possible opportunity. In order to allow the ship to continue trading in its actual GMDSS sailing area the NSI, based on SOLAS IV/15.8, allows for the issuance of a conditional Cargo Ship Safety Certificate (CSSC) or Passenger Ship Safety Certificate (PSSC). The following procedure applies:

The RO may issue a conditional CSSC or PSSC, in order for the ship to reach the first port where the non-compliance of the 'recognised mobile satellite service ship earth station installation' can be resolved, but not longer than two months, under the following conditions:

• Attendance of a service company to assess and repair the equipment as soon as possible;

• All other GMDSS equipment is in good working order;

• Additional measures to be implemented on board according a Risk Assessment prepared by the Master and Masters' RA;

• All relevant crewmembers to be informed / advised appropriately;

• Confirmation that the transmission of an emergency distress call through other recognized mobile satellite service ship earth station and also LRIT and SSAS is working;

  • In case LRIT is not working: the ship's position and course shall be reported to the designated company office ashore at least every 4 hours.

  • In case SSAS is not working: see Consolidated interpretations of the Security Rules and Regulations by the Netherlands Shipping Inspectorate - version 3.3 - Netherlands Regulatory Framework (NeRF) – Maritime (overheid.nl), item no. 055&036 and 031(&40)

• The competent port authorities to be notified when the ship is calling at a foreign port;

• Regular communication with the companies office regarding location and position of the ship;

• Port, coastal and rescue authorities responsible for search and rescue operation in the relevant sea area shall be duly informed about the deficiency, as necessary.

Under the authority conferred by the provisions of: SOLAS regulation IV/15.8

Equivalent to the requirements of (whichever is applicable): SOLAS regulation IV/9; or SOLAS regulation IV/10.

The RO has to act in accordance with the reporting requirements under the Introduction of this Instruction.

Conditional certificates

All conditions are to be stated on the (conditional) certificates, also the conditions that are fulfilled so enforcement knows which mitigating measures are in place. If it is not possible to get all conditions mentioned on the certificate itself, a clear reference shall be made to the conditions mentioned in the ship's status.

• Informatietype: Informatie voor uitvoering
• Documentsoort: Werkinstructie
• Is belangrijk: Ja
• Toegangsrechten: Intern
• Identificatie: PUC_1186_14
• Versie: 12
• Datum beschikbaarheid: 21-11-2023
• Geldigheid van: 18-10-2023
• Wijzigingsdatum: 21-11-2023
• Titel: ItoRO no. 07 - Exemptions permitted to be issued by the Recognized Organization without prior consultation of the NSI
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Werkinstructie: 7
• Thema: National Instructions