ItoRO no. 06 - Transfer of ships to Netherlands' registry

ItoRO No. 6 - Transfer of ships to Netherlands' registry

1 Introduction

Article 2.4.2 of Annex 1 to 'the Agreement of 03 April 2014 between the Administration of the Netherlands and Recognised Organisation, governing the authorisation of statutory survey and certification services of ships registered in the Netherlands, flying the flag of the Kingdom of the Netherlands and classed by RO' (further: 'Annex 1 to the Agreement') regulates the recognition of statutory full term certificates issued in compliance with the international conventions in case of transfer of ships to the Netherlands' registry.

It is the Recognized Organization's (RO) duty to ascertain that the condition of the ship, its equipment and procedures (ISM and security) are in compliance with the specifications of these certificates and, whether issued, exemptions are in accordance with the Netherlands' applicable instruments. Plans and documents, which in accordance with the conventions need to be approved by the Administration, shall be clearly marked as 'Approved on behalf of the Government of the Netherlands' by the RO.

This Instruction contains guidance for ROs with regard to:

• Ships that do not carry full term certificates (paragraph 2);

• Specific Netherlands' requirements (paragraph 3);

• Procedures to be followed (paragraph 4); and

• Non-compliance (paragraph 5).

2 Ships that do not carry full-term certificates

In case no full-term certificates are available (the ship is operating under short-term / interim certificates) the RO shall assess the reasons why the losing flag State Administration has not (yet) issued full-term certificates. Based on the results of this assessment the RO will propose a course of action to the Netherlands Shipping Inspectorate (NSI).

Possible actions could be (not exhaustive):

• the issuance of a full-term certificate on behalf of the Government of the Netherlands;

• an additional survey;

• the issuance of a short-term certificate (under conditions);

• granting an exemption; or

• refusal of the issuance of the statutory certificates.

Ships without certificates for commercial trade from the former flag State1 shall be considered as new building. This means that surveys with a scope of initial surveys and approval of all relevant documents against latest requirements shall be carried out.

3 Specific Netherlands' requirements

Based on the Netherlands Regulatory Framework (NeRF) as published by the NSI, the RO shall ascertain which specific Netherlands' rules and regulations are applicable to the ship concerned. The RO shall assess whether the ship is in compliance with these rules and regulations. If the ship is not in compliance the RO shall propose a course of action to the NSI. Special attention shall be paid to the references made in the document 'Areas of special attention for ships flying the flag of the Netherlands'.

Since the Netherlands have a limitation for the period between date of construction and the delivery of the ship, reference is made to, article 2 of the Regulation Safety Seagoing Vessels.

4 Procedures to be followed

The RO is requested to make the ship owner aware of the following items:

• the ship owner shall investigate the possibility to meet the requirements of the Netherlands' rules and regulations;

• the ship owner shall investigate eligibility for registration of the ship in the Netherlands;

• the ship owner shall apply to the NSI for the certificates that are to be issued by the Government of the Netherlands itself.

If the RO considers the ship to be compliant with all relevant international and Netherlands' rules and regulations, the RO will inform the ship owner and the NSI.

In mutual arrangement the RO and the NSI will issue the relevant certificates and complete the registration.

The procedures set out in paragraph 4.1 to 4.4 are the minimum requirements. In cases where IACS procedural requirement PR28 (Procedure for Change of Flag), as revised is more stringent than the requirements of this Instruction, the IACS procedural requirement is to be followed.

4.1 Transfer of register of a ship to the Netherlands register while the RO acting on behalf of the losing register is not recognised by EU or not a member of IACS

In case of a requested transfer of register of a ship to the Netherlands register as the receiving register while the classification society acting on behalf of the losing register is not recognised by the EU or not a member of IACS, the RO shall request the NSI further instructions.

4.2 Transfer of register of a ship registered in an EU Member State to the Netherlands register

Paragraph 2.4.2.1 of 'Annex 1 to the Agreement' states that for the transfer of a ship from the register of an EU member state to the register of the Netherlands, the Regulation (EC) No. 789/2004, as amended, is applicable. According to Article 4.4 of Regulation (EC) No. 789/2004, the Member State of the receiving register, or the RO acting on its behalf, may subject the ship to an inspection to confirm that the actual condition of the ship and her equipment correspond to the certificates referred to in Article 3 of Regulation (EC) No. 789/2004. The NSI proscribes that the scope of this inspection shall ential as a minimum the scope of an annual survey, to confirm full compliance with the relevant Netherlands' applicable rules and regulations.

Furthermore, a review of the Fire Control- (or, if provided, Safety) Plan and the report on noise levels (Overview noise requirements) shall be carried out. All plans and documents, which in accordance with the conventions need to be approved by the flag State Administration, shall be clearly marked by the RO as 'Approved on behalf of the Government of the Netherlands'.

In case deviations are found, the RO shall inform the NSI immediately (also see paragraph 5 of this Instruction (Non-compliance)). The NSI will contact the Member State of the losing register to discuss the deviations and to determine if further steps are necessary.

Note that Regulation No. 789/2004/EC also applies to ships registered in States that are part of the EEA agreement.

It shall also be confirmed by the RO that the equipment, falling within the scope of Directive 2014/90/EU, complies with these requirements. See in this respect also ItoRO no. 18.

4.3 Transfer of register of a ship registered in a State not being an EU Member State to the Netherlands register

Paragraph 2.4.2.2 of 'Annex 1 to the Agreement' states that 'essentially the statutory full term certificates issued in accordance with the international conventions will be recognized'. The flag-in survey shall be carried out with the minimum of the scope of a periodical2 survey before issuing any new certificates on behalf of the Government of the Netherlands. If the ship remains with the same RO, the periodical survey may be replaced by a flag-in survey with the minimum of the scope of an annual survey. Special attention should (in both cases) be paid to EU and national legislation.

In addition, if the plan and document review is (partly) carried out by the State of the losing register and not by an RO (contracted by the Netherlands), the RO shall carry out a full review3 for at least those plans and documents listed in Annex 1 to this Instruction in combination with the necessary surveys.

If deficiencies or deviations are found, the RO shall contact the NSI immediately for further instructions (also see section 5 of this Instruction (Non-compliance)). The NSI will examine these deficiencies or deviations and determine if further steps are necessary.

4.4 Transfer of register of a non-convention ship to the Netherlands register (EU or from outside EU)

Article 2.4.2.3 of 'Annex 1 to the Agreement' prescribes that 'the statutory full term certificates issued in compliance with the international conventions will not be recognized'.

For the transfer of register of a non-convention ship, a full initial survey, in combination with a full review of those plans and documents listed in Annex 1 of this Instruction, shall be carried out by the RO, for verification of compliance with the Netherlands' applicable instruments according to the Ships Decree and instructions as found on the NSI websites (www.ilent.nl and NeRF). Special attention should be paid to EU and national legislation. Furthermore, the non-Convention ship shall meet the Netherlands requirements based on the keel-laying date, taken into consideration that retroactive requirements are applicable.

In that respect it should be mentioned that there is still a gap remaining in the Netherlands' national legislation for the requirements for structural fire protection for ships as referred to in Regulation Safety Seagoing Vessels, Article 3a, first paragraph, category b. and category c. (no more than 12 special personnel) with a date of construction (article 2, Regulation Safety Seagoing Vessels) between 01-07-2009 and 01-01-2018 or a building contract before 01-01-2018.

As a result the current requirements for these ships are currently considered insufficient.

Therefore the NSI requires that the following items of IACS Unified Recommendation for the Safety of Cargo Ships of less than Convention Size (IACS Rec no. 99, as revised) are to be checked for ships as referred to in the Regulation Safety Seagoing Vessels, Article 3a, first paragraph, category b. and category c. with a date of construction between 01-07-2009 and 01-01-2018 or a building contract before 01-01-2018, and that compliance is confirmed or non-compliance is reported to the NSI:

• Chapter I, General Provisions

• Chapter IV:

  • section 2, except 2.1.6, (item arranged in national legislation);

  • section 4, except 4.1 and 4.2, (items arranged in national legislation);

  • section 5.1.

5 Non compliance

If the ship does not comply with the Netherlands' applicable rules and regulations, the RO shall require the ship owner to submit a well-founded proposal to the RO for consideration. If found acceptable, the RO shall submit a well-founded recommendation together with all relevant documentation, calculations etc. and suggested conditions to the NSI via the Netherlands' branch office of the RO for approval.

The RO shall process the proposal and make any necessary plan approvals etc. before forwarding its well-founded recommendation, including all relevant documentation calculations etc. and suggested conditions, to the NSI.

6 Alternative design route

When a ship is built under foreign flag with the intention to register the ship in the Netherlands' register directly after delivery, while also an alternative design route was followed, the NSI shall be informed as soon as possible so as to enable involvement in the alternative design route when this is considered necessary.

The procedure as described under '5 Non-compliance' shall also be followed for this case.

Annex 1 - Plans and documents for flagging-in to Netherlands flag

Ad 4.3 Drawings to be reviewed for Convention ships

Documents to be marked approved on behalf of the Government of the Netherlands if approval is required by the International Conventions:

1. Record of approved cargo ship safety equipment (IMO SLS.14/Circ. 1),

2. Structural Fire Protection,

3. Fire Control (or, if provided, Safety) Plan,

4. Damage Control Plan,

5. Final Stability information,

6. Report on noise levels (Overview noise requirements),

7. Escape Plans (for passenger ships only),

8. Load Line calculation and Load Line report.

Ad 4.4 Drawings to be reviewed for Non-Convention-ships 4

Documents to be marked approved on behalf of the Government of the Netherlands, if approval is required by the International Conventions:

Shipbuilding:

1. Structural fire protection,

2. Report on noise levels (Overview noise requirements),

3. For ships (with keel laying date after 20-08-2013), when sailing in continuous mode, MLC compliance for accommodation shall be verified by the RO for Hull & Machinery (see also ItoRO no. 22, paragraph 4.2),

4. Final Stability information,

5. Damage Control Plan (only >24 meter)

6. Load Line calculation and Load Line report ( only > 24 meter).

Technical:

1. Data of propulsion machinery (EIAPP certificate),

2. Data of auxiliary machinery (EIAPP certificate),

3. Lay-out and connection of acetylene welding and cutting installation,

4. Diagram of deck wash and fire-fighting system,

5. Diagram of bilge system,

6. Diagram of fixed fire extinguishing systems (including necessary data, calculations and manuals),

7. Diagram of steering gear (hydraulic part),

8. Diagram of dirty oil system,

9. Record of approved cargo ship safety equipment (IMO SLS.14/Circ. 1),

10. Fire Control (or, if provided, Safety) Plan.

Nautical:

1. Plan showing visibility from bridge,

2. Bridge lay-out including data of GMDSS equipment and navigation equipment,

3. Arrangement and particulars of survival craft,

4. Arrangement of (magnetic) compasses,

5. Arrangement of navigation lights with necessary data,

6. Antenna plan,

7. Diagram of power supply GMDSS,

8. Dispensation nautical paper charts (if applicable).

• Informatietype: Informatie voor uitvoering
• Documentsoort: Werkinstructie
• Toegangsrechten: Intern
• Identificatie: PUC_1179_14
• Versie: 4
• Datum beschikbaarheid: 26-05-2023
• Geldigheid van: 26-05-2023
• Wijzigingsdatum: 04-01-2024
• Titel: ItoRO no. 06 - Transfer of ships to Netherlands' registry
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Werkinstructie: 6
• Onderwerp: Veiligheid / Safety; Milieu / Environment; Beveiliging / Security; Arbeidsomstandigheden / Labour conditions; Erkende organisaties / Recognised Organisations
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Instructions to ROs / National Instruments (Instructions) / National Instructions