Onderwerp: Bezoek-historie

15 Reporting and procedure for non-compliance
Geldigheid:15-07-2011 t/m 04-03-2013Versie:1/5▶vergelijk Status: Was geldig

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No. 15 - Reporting and procedure for non-compliance

1. 

Introduction
Article 4.4 of the agreement regulates procedures if a ship is found to be substantially not in accordance with the particulars of its certificates or to be such that the ship is not fit for navigation without danger to the ship, those on board, those ashore, to other ships, or to the marine environment, the RO surveyor concerned shall immediately make sure that the necessary measures are taken to rectify the defects before departure. If such rectifying measures are not taken, RO shall, after consultation with the Administration, withdraw the certificate involved on behalf of the Administration. If temporarily, the requirements of an applicable instrument cannot be met under particular circumstances, RO shall consult the Administration prior to specifying such measures or supplementary equipment as may be available to permit the ship to proceed to a suitable port where permanent repairs or rectification can be effected or replacement equipment fitted.
This Instruction to the Recognised Organisation describes the interpretation on the wording “substantially not in accordance with” and provides a detailed procedure and conditions of the issuance of exemptions or short-term certificates and the requirements for reporting on this matter.

 

2. 

Items to be considered substantially not in accordance with its certificates
In Annex I the Netherlands Shipping Inspectorate (NSI) stipulates an illustrative list (non-exhaustive1) of items to be considered as substantially not in accordance with its certificates. This list indicates items to be reported and dealt with before the ship is allowed to proceed to sea. 

 

3. 

Dealing with deviations
The way the deviation of its statutory requirements is dealt with has two possible solutions and is described in paragraphs 3.1 and 3.2. In both cases the procedure as indicated in paragraph 4 of this document shall be followed.

 

 3.1.

Deviation where the issuance of an exemptions is mandatory
Several International Conventions require mandatory issuance of exemption certificates for certain provisions.

 

  

SOLAS 1974
IMO Circular SLS.14/Circ.115, as amended, (Annex II) provides a list of the provisions of the 1974 SOLAS Convention, as amended thereto, where an exemption certificate should be issued if the Administration grants an exemption.

 

 MARPOL 73/78
  • MARPOL, Annex I – Regulation 3
Impractibility due to constructional features
  • MARPOL, Annex II – Regulation 4.3
Relaxation due to certain cargoes or trade
  • MARPOL, Annex II– Regulation 4.4.5 
Relaxation ballasting and tank washing
  Load Line 1966
  • Load Line, Article 6(3.1)
Voyage between near neighbouring ports
  • Load Line, Article 6(3.2) 
Features of a novel kind
  HSC Code
  • HSC Code, Paragraph 14.3.3
Exemptions individual craft
  

COLREG 1972

  • Colreg, Rule 38 
Lights and sound signal appliances

  

For all abovementioned provisions an exemption certificate shall be issued and it is not possible to issue a short-term certificate

 

 3.2.

Other deviations

  • Statutory items
    Deviations from statutory instruments, other then mentioned under 3.1, may be documented by an exemption, short-term certificate, conditional certificate or by an outstanding recommendation/condition/statutory deficiency issued (up to the Recognised Organisation).

  • Class items
    As indicated in article 2.6 of Annex II to the Agreement, the RO shall inform the Administration without delay if a ship has been declassed, class suspended or withdrawn and in case of suspension of the relevant class notation (including changes to class notations that have an effect on statutory items, e.g. change of unmanned machinery space notation).
4. 

Procedure to be followed
If the ship does not comply with the Netherlands’ applicable rules and regulations, the RO shall:

 

  

A) For conditions found substantially not in accordance with its certificates:

  1. Require the ship owner to submit a well-founded proposal to the RO for consideration;

  2. Process the request and make any necessary plan approvals etc. before forwarding its well founded recommendation including all relevant documentation calculations etc. and suggested conditions to the Administration;

  3. Submit the well-founded proposal accepted (including any recommendation for issuance of an exemption, short term certificate etc.) by the RO for approval to NSI via the Netherlands branch office of the RO making use of the form2  contained in Annex III(3 ); and

  4. Act on NSI’s instruction.
  

For reporting the class items, mentioned under 3.2, the form contained in Annex III should also be used.

 

  

B) For deviations found substantially in accordance with its certificates:
1. Verify that the minor deficiency (such deviations do not need to be reported to NSI) is corrected within a suitable time period specified by the RO.

 

 

1  List is based on IMO Resolution A.787(19), as amended by A.882(21). The list is illustrative and for a complete overview reference is made to the latest amendments and related international instruments.
2   if the RO has a standard form for reporting deviations already in place, that form may be used for reporting under the condition that it includes the minimum information as requested in the form in Annex III.
3   issue an exemption or short-term certificate without prior consultation of the Netherlands Shipping Inspectorate in those cases where the deviation is found outside of NSI’s office hours, but inform the Netherlands Shipping Inspectorate of the action taken providing the information contained in Annex III.

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