05 Decree on the prevention of pollution by ships

Ingangsdatum: 01-01-2007

Decree on the prevention of pollution by ships

Decree of 11 December 2006, BAD 693, containing rules for the prevention of pollution from ships, most recently amended by Decree of 7 October 2010, 746

We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange Nassau, etcetera, etcetera, etcetera At the proposal of Our Minister for Transport, Public Works and Water Management of, No HDJZ/–, Principal Directorate for Legal Affairs, also put forward on behalf of the Secretary of State for Housing, Planning and the Environment;

Having regard to the International Convention for the Prevention of Pollution from Ships, concluded in London on 2 November 1973 (Treaties Journal 1975, 147) and the Protocol to that Treaty that was adopted in London on 17 February 1978 (Treaties Journal 1978, 188), to Annex IV to the Protocol on environmental protection to the Antarctica Treaty, laid down in Madrid on 4 October 1991 (Treaties Journal 1992, 110), the International Convention on the control of harmful anti-fouling systems on ships, laid down in London on 5 October 2001 (Treaties Journal 2004, 44), Directive 2000/59/EC of the European Parliament and of the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (OJ L 332), Directive 2005/33/EC of the European Parliament and the Council of 6 July 2005 amending Directive 1999/32/EC as regards the sulphur content of marine fuels (OJ L 191), and Articles 1, 2, 4, 5, 6, 7, 8, 8a, 9, 10, 11, 12c, 12e, 21, 23, and 38 of the Act on the prevention of pollution by ships;

Having heard the Council of State (recommendation of …, ref. …);

Having studied the more detailed report by Our Minister for Transport, Public Works and Water Management of, No HDJZ/SCH/…,

Principal Directorate for Legal Affairs, also issued on behalf of the Secretary of State for Housing,

Planning and the Environment;

Have approved and understood the following:

Chapter 1 Introductory provisions

Ingangsdatum: 01-01-2007

Chapter 1 - Introductory provisions

Article 1 Definitions of terms

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Article 1 - Definitions of terms

1. In this Decree, and the provisions based thereon, the terms below shall be defined as follows:
   
   
   1. Act: Act on the prevention of pollution by ships;
      
      
   2. oil tanker: an oil tanker as referred to in regulation 1 of Annex I to the Convention;
      
      
   3. noxious liquid: a noxious liquid as referred to in regulation 1 of Annex II to the Convention;
      
      
   4. harmful substances in packaged form: harmful substances as referred to in regulation 1 of Annex III to the Convention in packaged form as referred to in that regulation, with the exception of harmful substances in packaged form intended for the ship’s own use or forming part of the ship’s own equipment;
      
      
   5. sanitary waste: sanitary waste as referred to in regulation 1 of Annex IV to the Convention, with the exception of rinsing water originating from rooms where pets are located;
      
      
   6. Antarctic region: region south of a latitude of 60° South;
      
      
   7. (Not yet in force);
   8. GT: the measuring unit gross-tonnage in which the whole of the ship’s capacity, determined in accordance with the Convention on Tonnage Measurement of Ships, laid down in London on 23 June 1969 (Treaties Journal 1970, 122), is expressed;
      
      
   9. length: the ship’s length, established in accordance with the Convention referred to in sub-section h;
      
      
   10. international journey: a journey between two different countries, in respect of which an area for whose foreign relations a government is responsible that is based outside of that area or in respect of which the United Nations are the governing body, shall also be designated as a separate country;
       
       
   11. (Not yet in force);
       
   12. IMO: the United Nations’ International Maritime Organisation;
       
       
   13. Marine Environment Committee: the IMO Committee of the same name;
       
       
   14. BCH Code: the Code adopted by resolution MEPC.20(22) of the Marine Environment Committee for the construction and equipping of ships that transport harmful chemicals in bulk (Bulk Chemical Code);
       
       
   15. IBC Code: the International Code adopted by resolution MEPC.19(22) of the Marine Environment Committee for the construction and equipping of ships that transport harmful chemicals in bulk (International Bulk Chemical Code);
       
       
   16. (Not yet in force).
2. For the purpose of the Conventions and Codes that are applicable on the basis of this Decree, in this Decree and the provisions based on it, save as otherwise provided in or pursuant to this Decree, ‘Administration’ shall mean: The Inspector-General.

Article 1a Application Bonaire, Sint Eustatius and Saba

Article 2 Designation of harmful substances

Ingangsdatum: 01-01-2007

Article 2 - Designation of harmful substances

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

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

Article 3 Designation of conventions

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

Article 3 - Designation of conventions

(Not yet in force)

Article 4 Construction date of a ship

Ingangsdatum: 01-01-2007

Art. 4 Construction date of a ship

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

Chapter 2 Requirements for ships

Ingangsdatum: 01-01-2007

Chapter 2 - Requirements for ships

Article 10 Exemptions

Ingangsdatum: 01-01-2007

Article 10 - Exemptions

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

Article 11 Admission of equipment

Ingangsdatum: 01-01-2007

Article 11 - Admission of equipment

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

Article 5 Requirements on basis of MARPOL

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

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

1. Each ship shall meet the requirements of Annex I to the Convention that apply to that ship.
   
   
2. A ship intended or used for the transport of noxious liquids in bulk shall meet the requirements of Annex II to the Convention that apply to that ship.
   
   
3. Paragraph 2 shall apply mutatis mutandis to the ships referred to in that paragraph:
   
   
   1. for which a certificate as referred to in Article 12(2) is needed, or
      
      
   2. that do not sail to offshore ports within the legal jurisdiction of other parties to the Convention.
      
      
4. The following ships that make international journeys shall meet the requirements of Annex IV to the Convention that apply to that ship:
   
   
   1. new ships as referred to in regulation 1 of this Annex of 400 GT or more;
      
      
   2. new ships as referred to in regulation 1 of this Annex of less than 400 GT that are entitled to transport more than 15 people;
      
      
   3. existing ships as referred to in regulation 1 of this Annex of 400 GT or more, with effect from 28 September 2008;
      
      
   4. existing ships as referred to in regulation 1 of this Annex of less than 400 GT that are entitled to transport more than 15 people, with effect from 28 September 2008;
      
      
5. (Not yet in force)
   
   
6. (Not yet in force)

Article 6 Requirements on basis of the Antarctic Treaty

Ingangsdatum: 01-01-2007

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

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

Article 7 Requirements on basis of AFS

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

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

(Not yet in force)

Article 7a Requirements on basis of the BWM

Ingangsdatum: 01-01-2007

Article 7a - Requirements for ships on the basis of the Ballast Water Convention
(Not yet in force)

1. Any ship complies with the requirements of regulation B-3 and regulation B-5, paragraph 2, of the Annex to the Ballast Water Convention which are applicable to that ship, unless it concerns an exception as referred to in regulation A-3 of the Annex to the Ballast Water Convention.
   
   
2. Any ship complies with the requirements of regulation B-1 of the Annex to the Ballast Water Convention that are applicable to that ship for having a ballast water management plan.
   
   
3. The requirements as referred to in the first and second paragraphs do not apply to ships that have not been designed or built for the carriage of ballast water and for ships carrying ballast water in permanently sealed tanks and which do not discharge this ballast water.
   
   
4. Contrary to the first paragraph, to a ship on which a ballast water management system is used that complies with a program established by Ministerial Regulation for testing and assessing techniques for ballast water handling, the standard of regulation D-2 of the Annex to the Ballast Water Convention is not applicable during a period established in that Ministerial Regulation.

Article 8 More detailed requirements

Ingangsdatum: 01-01-2007

Article 8 - More detailed requirements

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

Article 9 Equivalent provisions

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-06-2010

Article 9 - Equivalent provisions

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

Chapter 3 Certificates and surveys

Ingangsdatum: 01-01-2007

Chapter 2 - Certificates and surveys

§ 1 Certificates

Ingangsdatum: 01-01-2007

§ 1 - Certificates

Article 12 Certificates on the basis of the MARPOL Convention

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Article 12 - Certificates on the basis of the MARPOL Convention

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

Article 13 Certificates on the basis of the AFS Convention

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

Article 13 - Certificates on the basis of the AFS Convention

(Not yet in force)

Article 13a Certificates on the basis of the BWM

Ingangsdatum: 01-01-2007

Article 13a - Certificates on the basis of the Ballast Water Convention
(Not yet in force)

1. For a ship of 400 GT or more, which has shown after inspection that it complies with the requirements, as referred to in Article 7a and the requirements related to that Article, as referred to in Article 8, second and third paragraphs, an International Ballast Water Management Certificate as referred to in regulation E-4 of the Annex to the Ballast Water Convention is issued.
   
   
2. The first paragraph is not applicable to floating platforms, floating storage units and floating production, storage and transshipment units.

Article 14 Reports, appendices, etc. associated with certificates

Ingangsdatum: 01-01-2007

Article 14 - Reports, appendices, etc. associated with certificates

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

Article 15 Other certificates and declarations

Ingangsdatum: 01-01-2007

Article 15 - Other certificates and declarations

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

§ 2 Surveys

Ingangsdatum: 01-01-2007

Article 16 Surveys in connection with MARPOL certificates

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Article 16 - Surveys in connection with MARPOL certificates

1. In order to obtain the certificate referred to in Article 12(1) to (4) and during the validity period of that certificate, ships shall undergo the following surveys laid down in the Convention:
   
   

1. in connection with the International Oil Pollution Prevention Certificate: the surveys laid down in Annex I to the Convention;
   
   
2. in connection with a certificate as referred to in Article 12(2): the surveys laid down in Annex II to the Convention;
   
   
3. in connection with the International Certificate on the prevention of pollution by sanitary waste: the surveys laid down in Annex IV to the Convention;

Article 17 Surveys in connection with the AFS certificate

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

Article 17 - Surveys in connection with the AFS certificate

(Not yet in force)

Article 17a Inspections in connection with the BWM certificate

Ingangsdatum: 01-01-2007

Artcle 17a - Inspections in connection with the Ballast Water Management Certificate
(Not yet in force)

In order to obtain an International Ballast Water Management Certificate and during the period of validity of that certificate, a ship is subjected to the inspections laid down in regulation E-1 of the Annex to the Ballast Water Convention.

Article 18 Timing of surveys

Ingangsdatum: 01-01-2007

Article 18 - Timing of surveys

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

Article 19 Recording of surveys

Ingangsdatum: 01-01-2007

Article 19 - Recording of surveys

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

Article 20 Other surveys

Ingangsdatum: 01-01-2007

Article 20 - Other surveys

1. Rules may be laid down by regulation of Our Minister relating to:
   
   
   1. the surveys to which ships are subject in connection with a certificate as referred to in Article 15(1);
      
      
   2. the surveys to which ships to which Articles 12 and 13 do not apply are subject.
      
      
2. More detailed rules may be laid down by regulation of Our Minister relating to the surveys that ships must undergo in order to obtain the certificates referred to in Articles 16 and 17 and during the validity period of those certificates.

Article 21 Authority of designated natural persons

Ingangsdatum: 01-01-2007

Article 21 - Authority of designated natural persons or legal entities

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

Article 22 Maintenance of condition following surveys

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-12-2010

Article 22 - Maintenance of condition following surveys

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

§ 3 Validity of certificates

Ingangsdatum: 01-01-2007

§ 3 - Validity of certificates

Article 23 Validity period of certificates

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

Article 23 - Validity period of certificates

1. The certificates listed in Article 12 shall be valid for five years, with the exception of the Engine International Air Pollution Prevention Certificate, which shall be valid for the entire working life of the engine.
   
   
2. (Not yet in force).
   
3. The inspector-general may issue certificates with a period of validity that is shorter than determined in the first paragraph, if not all surveys have been completed to his satisfaction, or if he does not yet dispose of all information on the ship that he has asked for.

Article 24 Renewal of certificates

Ingangsdatum: 01-01-2007

Article 24 - Renewal of certificates

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

Article 25 Special extensions to the validity period

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-12-2010

Article 25 - Special extensions to the validity period

1. If a ship is not in a port where a renewed survey can take place at the time on which a certificate is no longer valid, Our Minister may extend the period of validity of the certificate with not more than three months in order to enable the ship to complete its voyage to the port where it will be surveyed. The ship shall subsequently not leave that port without a new certificate.
   
   
2. The inspector-general extend the period of validity of a certificate that has been issued for the benefit of a ship engaged on short voyages with not more than one month.
   
   
3. In cases as referred to in paragraph 1 or 2, once the renewal survey has taken place the validity period of the new certificate shall be determined on the basis of the original expiry date of the existing certificate.
   
   
4. If, following completion of a renewal survey, the new certificate cannot be issued or provided to the ship before the expiry date of the existing certificate, the party that performed the survey may make a note of this on the existing certificate. In such cases, the existing certificate shall be regarded as valid for up to five months after its expiry date.

Article 26 More detailed rules

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-06-2010

Article 26 - More detailed rules

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

Article 27 Expiry and withdrawal of certificates

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-12-2010

Article 27 - Expiry and withdrawal of certificates

1. If a shipowner withdraws a ship from general service as a ship, the certificates issued to that ship shall expire.
   
   
2. If a shipowner withdraws a ship from a specific use that it had at the time when the certificates it requires were issued, but continues to use it as a ship, the certificates issued in connection with the specific use shall expire.
   
   
3. The inspector-general may withdraw a certificate:
   
   
   1. °. if the ship has suffered significant damage that has not been repaired properly, or
      
      
   2. °. If a survey by the authorised official of the Shipping Division shows that the ship cannot leave port without the risk of pollution of the marine environment.
      
      
4. The owner must send expired or withdrawn certificates to the inspector-general as soon as possible, via officials of the Shipping Division, officials responsible for Customs clearance, or Dutch diplomatic or consular officials.
   
   
5. Proof of receipt shall be given for a submitted certificate on request.

Article 28 Restoration of expired certificates

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-12-2010

Article 28 - Restoration of expired certificates

The inspector-general may restore the validity of a certificate that has been cancelled under Article 9, first paragraph, item e, of the Act, if, in his opinion, it has sufficiently appeared at a survey that the ship complies with the relevant requirements.

Chapter 4 Dumping and other actions

Ingangsdatum: 01-01-2007

Article 29 Prohibited dumping under the MARPOL Convention

Article 30 Prohibited dumping under the Antarctica Convention

Ingangsdatum: 01-01-2007

Article 30 - Prohibited dumping under the Antarctica Convention

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

Article 31 Other prohibited actions under the MARPOL Convention

Article 31a Prohibited discharges and acts under the Ballast Water Convention

Ingangsdatum: 01-01-2007

Geldig tot en met: 11-10-2011

Article 31a - Prohibited discharges and acts under the Ballast Water Convention

1. It is prohibited to take in or discharge ballast water or sediment from ballast water, unless:
   
   
   1. this intake or discharge is in accordance with the provisions in the Annex to the Ballast Water Convention, the requirements pursuant to Article 8, second paragraph, or deviations from the Annex to the Ballast Water Convention allowed on the basis of Article 9, second paragraph;
      
      
   2. this intake or discharge is in accordance with the requirements established pursuant to Article 38, second paragraph;
      
      
   3. this intake or discharge takes place to exchange ballast water in an area assigned pursuant to Article 33a, second paragraph, in accordance with the requirements established pursuant to that Article, or
      
      
   4. a release or exemption has been granted for the relevant ship as referred to in Article 35 of the Act, in accordance with the Ballast Water Convention.
      
      
2. It is prohibited to discharge ballast water with a ship during a more detailed inspection as referred to in Article 3, second paragraph, of the Port State Control Act or as long as the ship has been arrested on the basis of Article 20 or 21 of the Act or Article 7 of the Port State Control Act.
   
   
3. The first paragraph is also applicable to foreign ships during the time that they are on the Dutch inland waterways.

Article 31a Cancelled

Article 32 More detailed rules

Ingangsdatum: 01-01-2007

Article 32 - More detailed rules

1. By regulation of Our Minister, additional requirements may be laid down regarding the bans, regulations and requirements laid down in Articles 29, 30 and 31.
   
   
2. The rules laid down pursuant to paragraph 1 may also be declared to apply to foreign ships while they are on Dutch inland waterways.

Chapter 5 Operational regulations

Ingangsdatum: 01-01-2007

Article 33 Transport

Ingangsdatum: 01-01-2007

Article 33 - Transport

1. Oil as referred to in regulation 1 of Annex I to the Convention and ballast water shall be transported in compliance with the regulations set out in that Annex.
   
   
2. Bulk noxious liquids shall be transported in accordance with the regulations set out in Annex II to the Convention.
   
   
3. Harmful substances in packaged form shall be transported in accordance with the regulations set out in Annex III to the Convention.
   
   
4. Paragraph 3 shall also apply to the transport empty, uncleaned packaging previously used for the transport of harmful substances in packaged form, unless adequate measures have been taken to ensure that no traces remain that could harm the marine environment.

Article 33a

Ingangsdatum: 01-01-2007

Article 33a
(Not yet in force)

1. A ship to which the standards of regulation D-1 of the Annex to the Ballast Water Convention apply on the basis of regulation B-3 of the Annex to the Ballast Water Convention, exchanges ballast water in accordance with the provisions in regulation B-4 of the Annex to the Ballast Water Convention.
   
   
2. Areas can be assigned by Ministerial Regulation as referred to in regulation B-4, paragraph 2, of the Annex to the Ballast Water Convention, where ballast water is exchanged according to the rules established there.

Article 34 Obligations incumbent on the captain

Article 35 Discharge to port reception facilities

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Article 35 - Discharge to port reception facilities

1. The captain of a ship calling in at a port designated pursuant to Article 6(1) of the Act shall discharge residues of noxious liquids to a port reception facility, if this is required pursuant to the regulations set out in Annex II to the Convention.
   
   
2. The discharge of traces of harmful substances as referred to in Article 2(a) from the cargo space of an oil tanker and of traces of noxious liquids to a container of a port reception facility shall take place only in compliance with the regulations set out in Annexes I and II to the Convention.
   
   
3. (Not yet in force)

Article 36 Keeping of record books

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Article 36 - Keeping of record books

1. The captain of an oil tanker of 150 GT or more or of a ship other than an oil tanker of 400 GT or more shall ensure that oil record book Part I as referred to in regulation 17 of Annex I to the Convention is kept on board in compliance with the regulations in that regard in that Annex.
   
   
2. The captain of an oil tanker of 150 GT or more shall also ensure that oil record book Part II as referred to in regulation 36 of Annex I to the Convention is kept on board in compliance with the regulations in that regard in that Annex.
   
   
3. The captain of a ship intended or used for the transport of noxious liquids in bulk or of a ship as referred to in Article 5(3)(b) shall ensure that the loading record book as referred to in regulation 15 of Annex II to the Convention is kept on board in compliance with the regulations in that regard in that Annex.
   
   
4. The captain of a ship in the Antarctic region shall ensure that each discharge of sanitary waste is recorded in a sanitary waste record book or in the garbage record book referred to in regulation 9 of Annex V to the Convention in compliance with the regulations in that regard in connection with garbage in that Annex.
   
   
5. The captain:
   
   
   1. of any ship in the Antarctic region, and
      
      
   2. of any ship outside the Antarctic region with a tonnage of 400 GT or more or which may transport 15 or more people, shall ensure that the garbage record book as referred to in regulation 9 of Annex V to the Convention is kept in compliance with the regulations in that regard in that Annex.
      
      
6. (Not yet in force).
   
7. The inspector-general makes notes in the cargo journal in accordance with the requirements given in Annex II to the Convention.

Article 36a

Ingangsdatum: 01-01-2007

Geldig tot en met: 11-10-2011

Article 36a

A master of a ship to which the requirements as referred to in Article 7a apply, keeps a ballast water  journal according to the provisions in regulation B-2 of the Annex to the Ballast Water Convention.

Article 36a Cancelled

Article 37 Procedure in the event of damage

Ingangsdatum: 01-01-2007

Geldig tot en met: 30-12-2010

Article 37 - Procedure in the event of damage

1. If a ship has sustained damage or an event has occurred resulting in the suspicion that damage or a failure has been caused as a result of which the ship may endanger the environment, the master shall inform Our Minister as soon as possible. Furthermore, if the ship is in a port outside the Netherlands, he informs the local competent authorities.
   
   
2. If the ship is in a port, the voyage may not be continued before the master has received a declaration from the inspector-general, stating that possible repairs have been properly done or that the voyage can be continued without danger to the environment, insofar as the local competent authorities do not oppose against continuation of the voyage.

Article 38 More detailed rules

Ingangsdatum: 01-01-2007

Geldig tot en met: 16-09-2008

Article 38 - More detailed rules

1. By regulation of Our Minister, additional requirements may be laid down regarding the regulations and obligations laid down in Articles 33 to 36.
   
   
2. The rules laid down pursuant to paragraph 1 may also be declared to apply to foreign ships while they are on Dutch inland waterways.

Chapter 6 Unloading bay facilities

Ingangsdatum: 01-01-2007

Chapter 6 - Unloading bay facilities

Article 39 Unloading bay facilities

Ingangsdatum: 01-01-2007

Article 39 - Unloading bay facilities

1. Managers of unloading bays in ports designated under Article 6(1) of the Act where ships may unload noxious liquids shall make provisions to ensure that such ships can completely empty their cargo tanks in compliance with the regulations set out in Annex II to the Convention and the more detailed rules regarding those regulations laid down pursuant to Article 38.
   
   
2. At unloading bays as referred to in paragraph 1, provisions shall be made to prevent the contents of hoses or pipelines from the shore installations used for unloading noxious liquids from flowing back into the ship.
   
   
3. If, in the opinion of the captain of a ship as referred to in paragraph 1 or of his representative, the provisions referred to in this article at unloading bays are inadequate, he may report this to the port manager. Article 8(2) to (4) of the Decree on port reception facilities shall apply mutatis mutandis to the handling of the report.

Article 40 More detailed rules

Ingangsdatum: 01-01-2007

Article 40 - More detailed rules

By regulation of Our Minister, additional requirements may be laid down regarding the regulations and obligations laid down in Article 39.

Chapter 7 Final provisions

Ingangsdatum: 01-01-2007

Chapter 7 - Final provisions

Article 41 Promulgation of Codes

Ingangsdatum: 01-01-2007

Article 41 - Promulgation of Codes

1. Our Minister shall ensure that the Codes applicable pursuant to this Decree are promulgated.
   
   
2. The method of promulgation shall be published in the Government Gazette.

Article 42 Amendments to conventions and Codes

Ingangsdatum: 01-01-2007

Article 42 - Amendments to conventions and Codes

1. Amendments to the conventions and Codes applicable pursuant to this Decree shall, unless otherwise stated by regulation of Our Minister, apply to the implementation of this Decree as of the day on which the amendment enters into force at international level.
   
   
2. Where an amendment as referred to in paragraph 1 applies only to ships built on or after a specific date, ships built before that date shall, unless otherwise stated by regulation of Our Minister, continue to be subject to the convention or Code as worded before the relevant amendment, taking into account the provisions regarding amendments in the amended convention or Code with regard to the regulations applicable to repairs, reconstructions and other alterations to the condition or equipment of a ship.
   
   
3. Paragraphs 1 and 2 shall apply mutatis mutandis to amendments to the conventions and Codes referred to in paragraph 1 that have already entered into force prior to the entry into force of this Decree.
   
   
4. A regulation of Our Minister as referred to in paragraph 1 or 2 shall be published in the Government Gazette.

Article 43 Transitional provisions

Ingangsdatum: 01-01-2007

Geldig tot en met: 01-01-2007

Art. 43 Transitional provisions

1. In the case of a ship for which a certificate has been issued on the basis of the Decree on the prevention of pollution by noxious liquids carried in bulk by ships that is valid until 1 January 2007 or later, the inspector-general shall issue a certificate as referred to in Article 12(2) with the same expiry date as the certificate issued on the basis of the aforementioned Decree.
   
   
2. In the case of ships as referred to in Article 5(4)(c) and (d), the certificates referred to in Article 12(3) shall be issued as from 28 September 2008.
   
   
3. (Not yet in force)
   
4. (Not yet in force)
   
5. The ban referred to in Article 29(4) shall apply to ships as referred to in Article 5(4)(c) and (d) as of 28 September 2008.
   
   
6. In the case of ships built before 18 July 1982, the gross capacity of which was determined in accordance with the Convention on a Uniform System of Tonnage Measurement of Ships, signed in Oslo on 10 June 1947 (Bulletin of Acts and Decrees 1949, J 370, Treaties Journal 1955, 52), the unit gross register tonnes shall be regarded as equivalent to the unit GT.

Article 44 Amendment to the Decree on port reception facilities

Article 45 Revocation of legislation

Article 46 Entry into force

Article 47 Official title

• Informatietype: Informatie voor uitvoering
• Documentsoort: Beleidsregel niet in wetten.nl
• Toegangsrechten: Extern
• Identificatie: PUC_1176_14
• Versie: 1
• Datum beschikbaarheid: 19-12-2011
• Geldigheid van: 01-01-2007
• tot en met: 01-01-2007
• Wijzigingsdatum: 24-11-2016
• Titel: 05 Decree on the prevention of pollution by ships
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Onderwerp: Arbeidsomstandigheden / Labour conditions
• Thema: Zeevaart / Seagoing ships / Mandatory Regulations / National Instruments (Mandatory) / Decrees / Besluiten (AMvB)