In order to verify the compliance with the rules and regulations under Annex 2 to this Instruction, an Asbestos Investigation shall be carried out including sampling and testing/reporting as specified under paragraph 4.3 and 4.4. The relevant parts of the European Maritime Safety Agency (EMSA) guidance regarding the Inventory of Hazardous Materials may be taken as a guiding document during the investigation, sampling, testing and reporting process, depending on the methods used.
4.1 Certified companies or persons to be used for the asbestos investigation
The asbestos investigation (survey and sampling) shall be carried out by independent, qualified and licensed companies which are certified specifically related to asbestos (such as compliant with the requirements stipulated in Article 4.27 of the Netherlands Working Conditions Regulation (formerly referenced as SC-540 certification) and having asbestos surveying in their scope of certification.
4.1.1 General requirements for the competence of testing and calibration laboratories
The laboratory, conducting the analysis (including testing of the samples and reporting of test results), shall be accredited by a member of ILAC (International Laboratory Accreditation Cooperation) according to ISO/IEC 17025 or equivalent.
4.1.2 Conformity assessment - General requirements for bodies operating certification of persons
The Asbestos surveying and testing facility may be separate companies. The surveyor conducting the survey holds a personal certification (preferably Expert Asbestos Surveyor (DIA, Deskundig Inventariseerder Asbest) for asbestos surveying, issued by a certification body that is accredited to ISO/IEC 17024 or equivalent. It's highly recommended that this person has also suitable (extensive) marine experience.
4.2 Investigations
For all situations, bear in mind that the sampling and the investigation is by nature limited as it is not possible that all locations/systems on-board (as non-exhaustively listed in in paragraph 2.2.3.2 of Appendix 5 to the 2023 Guidelines for the development of the Inventory of Hazardous Materials (Resolution MEPC.379(80))) can be verified (e.g. when the ship is in operation). However, in the asbestos investigation reports, a well-motivated clarification for the parts of the ship which could not be investigated (e.g. live switchboards) shall be described, and relevant areas, parts, systems shall be preferably marked and shall be documented in the Asbestos Management Plan (AMP).
4.2.1 Newbuilding or built to flag-in directly after delivery by the shipyard
For each commercial ship being built in compliance with the rules of the Netherlands, the RO shall verify that during the newbuilding process and repairs/maintenance, no ACMs are used in accordance with MSC.1/Circ.1426/Rev.1 and that the asbestos investigation documentation, which shall be provided by shipyards, repair-yards and equipment manufacturers, was to their satisfaction and in compliance with this Instruction.
For each commercial ship to be registered under the flag of the Netherlands directly after delivery by a shipyard, being either a ship being built in accordance with the rules of the Netherlands, or a ship being built under foreign flag regulations, prior to delivery, the RO shall verify that the ship is delivered asbestos-free using the investigation referenced in paragraph 4.3 and 4.4.
The asbestos investigations shall be carried out during the new building process and at a moment that all parts / systems / decorative materials / installations are present and available for inspection, in order not to limit the effect of the asbestos investigation.
No exemptions for ACMs shall be granted in case the ship is built under Netherlands flag or built under foreign flag and brought under Netherlands flag directly after delivery. It is recommended that asbestos survey should be carried out while the relevant stages of the newbuilding are in progress.
It is recommended that the report will be available within two weeks after the completion of the asbestos survey and before the Safety (Construction) Certificate is issued on behalf of the Netherlands' flag.
4.2.2 Existing ships transferring to the Netherlands' Registry (flag-in from foreign flag)
For each commercial ship, regardless of the keel laying date, being built under foreign flag the shipowner is responsible for the asbestos investigation and the removal for ACMs causing a direct threat3, prior acceptance under the flag of the Netherlands (or in duly justified cases exempted according to paragraph 5). The RO shall verify that the asbestos investigation documentation was to their satisfaction and that it is in compliance with this Instruction. If investigations were carried out according to requirements and guidelines for the IHM, the most stringent requirements apply, which would normally be this Instruction unless the RO has investigated otherwise and confirms by written statement.
For each flag-in ship brought under Netherlands flag, not falling under paragraph 4.2.1:
The RO shall verify that no ACMs have been installed on the ship after the 1st of July 2002 in compliance with legislation as mentioned under Annex 2 to this Instruction, using the investigation referenced in paragraph 4.3 and 4.4, or verify and state in writing that during building or initial/periodical SRR/IHM surveys, procedures equivalent to this Instruction were followed (such as the EMSA IHM guidelines).
Ships having ACM installed before the 1st of July 2002, the ACM are allowed when there is no health risk for the persons working in that area and will not create a hazardous environment for the crew and persons visiting the ship or when working on its systems. In al cases repairs and removals are to be carried out in accordance with the Working Condition Act under the responsibility of the shipowner (reference is made to paragraph 2). Guideline MSC/Circ.1045 for maintenance and monitoring of on-board ACM is applicable but not limited to just the applications mentioned in the document (e.g. gaskets), both for prohibited as for non-prohibited ACMs.
In between the 1st of July 2002 and the 1st of January 2011, the installation of ACM, in accordance with SOLAS regulation II-1/3-5, is still accepted provided that there is no health risk for the persons working in that area and will not create a hazardous environment for the crew and persons visiting the ship or when working on its systems, for:
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vanes used in rotary vane compressors and rotary vane vacuum pumps;
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watertight joints and linings used for the circulation of fluids when, at high temperature (in excess of 350°C) or pressure (in excess of 7 x 106 Pa), there is a risk of fire, corrosion or toxicity; and
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supple and flexible thermal insulation assemblies used for temperatures above 1000°C.
In case ACMs are detected in any other component, the Circulars MSC/Circ.1045, MSC.1/Circ.1374, as revised and MSC.1/Circ.1379 (UI, see also MSC.1/Circ.1426/Rev.1) are applicable and if not eligible for the equivalent (see paragraph 5.1), temporary exemptions shall be issued in accordance with this Instruction, for ACM listed under category B in paragraph 4.5, by the RO according to paragraph 5.
Ships changing into the Netherlands flag, where an asbestos investigation is required according to this paragraph, shall finalize sampling, analysis and reporting within three months after the date of entry under the Netherlands flag. In every case the investigation as well as the preliminary report, confirming that there are no direct threat in relation to ACMs, shall be available prior to the ship is sailing under Netherlands flag.
4.2.2.1 Bareboat-out or returning to the Netherlands' Registry
For ships which are to be temporary registered in another registry, the NSI recommends to agree the conditions on which the ship is eligible for returning to the Netherlands' Registry beforehand through/via the Classification Society. The conditions sounds as follows:
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The ship remains in Class and under the conditions as per their agreement as well as all surveys by the same Classification Society (RO) as before;
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The shipowner declares that, with regard to ACM and any exemption (conditions), during the bareboat out period the shipowner will treat the ship in accordance with the requirements of the Netherlands as if the ship was under Dutch flag during the entire period;
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The shipowner remains responsible.
If such an agreement was in place before the temporary registration in another registry was conducted and the conditions for the issuance of the exemption remains valid, the exemption may be reinstated and no new or additional investigation needs to be carried out. If such agreement was not in place or in case the conditions were breached, a new investigation in accordance with this Instruction is required.
4.2.3 Existing ships flying the flag of the Netherlands prior to publication of (Instruction-2011)
ACM installed on board ships before the 1st of July 2002, is still allowed under this Instruction.
It is the responsibility of the shipowner to warrant that no ACMs will create a direct threat for the crew and persons sailing / visiting the ship or when working on its systems. This requirement is according to the 'Netherlands Working Condition Act and Decree' and shall among others be implemented in the ships' specific RI&E identifying possible threats on board as well as sufficient mitigating measures. The risks arising from ACMs are part of this requirement, which is applicable for all ships, regardless of the keel laying date, under Netherlands flag.
The above also applies to ACMs (specific applications) which are legally allowed to be installed after the 1st of July 2002, but not later than the 1st of January 2011. In case of forbidden ACMs found during IHM, see paragraph 6.5.
For both category 4.2.2. and 4.2.3:
In case prohibited ACMs were found on board a ship which has sister ships, this shall be reported by the RO to the NSI. Additional actions must be taken by the ship owner when the ship is sailing within the same company. The NSI will inform other flag States and/or Companies in case such is applicable.
In case the relevant RO has issued a written statement to such an effect that an IHM has been done which is equivalent to this Instruction, this is acceptable.
4.2.4 Notification of ACM installed after 1st of July 2002
If ACM is found in any equipment covered by the Directive 2014/90/EU (Marine Equipment), the NSI shall be informed.
4.3 Sampling
As a general principle, the samples shall be representative of the materials being checked and in sufficient numbers. With regards to the sampling, the guidance of this Instruction shall be followed.
The components listed in paragraph 2.2.3.2 of Appendix 5 to Resolution MEPC.379(80) shall be considered for sampling. Extra attention shall be paid to exposed components of high risk of both being asbestos and (prone to) being damaged (see Annex 1 of this Instruction - under 'systems').
While sampling special focus should be on gaskets and other parts of all those systems/equipment throughout the ship where (planned/regular) maintenance and/or repairs can be expected.
Samples per ship shall be decided by a certified surveyor from the certified investigation company by his professional judgment and of all materials suspected of containing asbestos.
As a general rule, the samples should be representative of the materials being checked and in sufficient numbers. As guidance the rule of 10% may be established meaning that roughly 10% of the components of any system identified for a sampling check shall be sampled. However, taking of samples and the number of samples to be taken should always be determined according to the professional judgement of the entity carrying out the survey and proper/pragmatic ceilings in the number of samples should be established per each product or system. Materials of the same kind may be sampled in a representative manner. Mixing of samples is not allowed.
If one or more components prove to be ACMs, a further 10% (of other than the originally sampled components) of the same types may be sampled (with a maximum of 40 samples per each type of the components per each equipment/system) to consider the system to be ACM free. If these prove to be non-ACM, no further sampling is needed for that system/equipment. Otherwise all components shall be sampled or to be considered potentially containing asbestos until proven asbestos-free.
The components considered 'potentially containing asbestos' are also part of the exemption under paragraph 5 and shall be removed before the expiring of the exemption, unless sampling indicates in the meantime that they are asbestos-free.
ACM (suspect) sampling points shall be clearly logged for location reference (detailed photo of sampling location and / or by marking of sample location). Locations shall also be indicated in the general arrangement plans of the ship.
The procedures and processes described in the
EMSA Guidance on the Inventory of Hazardous Materials
related to sampling and analysis could be relevant and may be used as guidance
4.4 Testing and reporting
Compliance of onsite taken samples being asbestos-free or not is to be determined by using qualitative analysis method of Polarized Light Microscopy (PLM-optical analysis) as with this method asbestos fibres can be detected. Asbestos testing laboratory should confirm that with using PLM-optical analysis method they are able to reach the detection limit of <0,1% (m/m) of asbestos in a sample. The laboratory test report shall also state samples in which no asbestos is detected. The survey report shall state the materials and equipment of all asbestos-free samples as well..
The asbestos survey report shall also show the percentage(s) of the asbestos samples per installation that are taken. Pending the report, all potentially ACM/locations are to be treated as if they are asbestos contaminated. The report shall clearly state samples/locations causing a direct threat and give a clear indication which locations/systems/equipment are sampled and non-sampled.
Further, the test report shall be in compliance with the Netherlands' NEN 58964, Australian standard NOHSC 2018(2005) or German VDI 3866.
Asbestos investigation reports shall unambiguously declare that ItoRO no. 24 is followed and complied with.
Reporting to the RO and verification of the investigation documentation by the RO shall be completed before issuance of the full term statutory certificates.
4.4.1 Validity of Asbestos survey report for removal
An asbestos survey report that is more than 3 years old is expired, see Staatscourant 2018, 68771, art. 22.18, and therefore cannot be accepted, in case removal is planned after the expiry date of the report. The scope of the additional / update investigation shall consist of sampling of locations / installations / areas which are not sampled before and/or were removal activities which have been carried out. The outdated report can be amended based on the additional / update investigation.
4.5 Removal, cleaning, decontamination and re-(tightness) testing.
Since the dates that the new installation of ACMs is prohibited, no ACM shall be newly installed in any part of the ship. But if asbestos is discovered this should first and foremost not be a direct health threat for the persons on board. Furthermore it shall be approached in a risk-based and careful way to prevent exposure to, and contamination of parts of the ship by asbestos fibres.
When the sampling is completed and tested samples prove to be of ACMs, the following actions are required:
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A plan of removal and re-installation shall be agreed between the shipyard/removal company and the shipowner. The final report containing the feedback of the actions carried out according to the agreed plan shall be made available to the RO for recording purposes.
Note: the RO is not an asbestos expert nor a licensed asbestos removal company. The RO can only verify that the ACM listed as found has been documented and reported as removed by the shipyard/removal company and can check the company's licenses, the timescale, reports, etc.
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Any identified ACM, or not proven asbestos-free materials shall be categorized as followed:
Category A: direct risk of exposure
to asbestos fibres for any person on-board if no action is taken; to be removed5 immediately.
Examples (not limited to):
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friable damaged ACMs with risk of exposure
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thermic insulation lagging and/or worn out
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damaged insulation on electrical equipment
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lagging material exhaust pipe / turbocharger / etc.
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insulation walls / ceiling which has been opened several times
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gaskets for manholes
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worn floor (accommodation)
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open braking material/lining (winches/stoppers)
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dust/debris/remnants/spares
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etc….
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Category B: no direct or long-term risk of exposure
6 to persons on-board and no access / exposure as a result of regular maintenance7 is applicable. In case of unforeseen emergency repairs while ship is en route, reference is made to paragraph 6.2 of this Instruction. This category may be exempted for direct removal under the conditions of paragraph 5 of this Instruction with a maximum 3 years (calculated from the date of survey), or in case of consecutive exemptions beyond 3 years: as soon as reasonably possible (e.g. during planned maintenance), based on the risks, planning of surveys and maintenance and no later than 31 December 2024.
Examples (not limited to):
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synthetic stern tubes
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non-friable applications on outside decks (e.g. cable penetration seals/putty)
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fully covered/sealed ACM (as part of installation, not manually sealed off items)
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…
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For removal and decontamination of ACMs and cleaning of the area's in question, qualified and licensed personnel/companies shall be used8.
In the Netherlands the 'Decree on asbestos removal 2005' and the 'Netherlands Working Conditions Act and Decree' are applicable. For removal of risk class 2 and 2A (as per SMA-rt determination) applications, only companies carrying a process-certificate for asbestos removal shall be used9. This process-certificate is issued by the Minister or Certifying Body. The shipyard/removal company is responsible and the removal process shall be supervised by a DTA (Expert Supervisor Asbestos removal / Deskundige Toezichthouder Asbestverwijdering), who shall monitor that the removal is carried out according to the national requirements as mentioned above. If the removal is carried out in other countries, a DTA shall monitor and ensure the equivalence to the Netherlands' standards.
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After removal, decontamination, re-installation and cleaning, an asbestos closing inspection is required. In case of risk class 1 removals (as per SMA-rt determination), this inspection can be done by the supervisor/foreman of the qualified and licensed company (DTA – expert supervisor asbestos removal). In case of risk class 2 or 2A removals, this closing inspection is to be conducted by a RvA (Raad voor Accreditatie) / ILAC (International Laboratory Accreditation Cooperation) accredited company/laboratory, and as per SMA-rt described procedures. In case of emergency repairs, when no certified removal company can be contracted, the closing inspection shall be conducted by a responsible crew member, designated by the shipowner (e.g. Chief Engineer).
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Materials installed to replace ACMs shall be subject to verification in accordance with the relevant instructions above or equivalent measures.