1 Introduction
Article 2.4.2 of annex 1 to the agreement regulates the recognition of statutory international (IMO) certificates in case of transfer of ships to Netherlands' registry.
In broad terms: statutory full term certificates issued in compliance with the international conventions (as ratified by the Netherlands) are recognized. It is the Recognized Organization's (RO's) 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 “On behalf of the Administration” by the RO.
This document contains instructions for RO's with regard to:
- ships that do not carry full term certificates (paragraph 2);
- specific Netherlands' requirements (paragraph 3);
- procedure to be followed (paragraph 4);
- 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 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):
- issuance of a long term certificate on behalf of the Netherlands' Administration;
- additional survey;
- issuance of a short-term certificate under conditions;
- granting an exemption;
- refusal of the issuance of the statutory certificates.
Ships without certificates1 for commercial trade from the losing flag State 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 should be carried out.
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1 or certificates for another type of ship, e.g. cargo ship with the losing flag State but certification as a Special Purpose Ship (SPS) under the Netherlands flag. Ships are to be considered as new building for those areas that are affected by the change of ship type.
4 Procedure to be followed
The RO is requested to make the owner aware of the following items:
- the owner should investigate the possibility to meet the requirements of the Netherlands’ rules and regulations;
- the owner should investigate eligibility for registration of the ship in the Netherlands;
- the owner should apply to the Human Environment and Transport Inspectorate for the certificates that are to be issued by the Administration.
If, according to the RO, the ship fulfils all international and national requirements, the RO will inform the owner and the NSI.
In mutual arrangement the RO and the Inspectorate will issue the applicable certificates and complete the registration.
Below mentioned procedures are the minimum requirements. In cases where IACS PR28, as revised supersedes the requirements of this Instruction to RO no. 06, IACS PR28, as revised should be followed.
4.1 Flagging-in of ships while former RO is not recognized by EU/EMSA or a non IACS member
In case of a proposed flagging-in (and transfer of class) of a ship of which the former RO is not recognised by the EU/EMSA or a non IACS member, the NSI should be contacted for further instructions.
4.2 Flagging-in of Convention ships from another EU Member State
Article 2.4.2.1 of Annex 1 to the Agreement states that for the transfer of a ship from another EU Member State (EC ships) to the Netherlands Registry, EU Regulation 789/2004/EC, as amended is applicable. According to article 4.4 of this Regulation the receiving Member State or RO acting on its behalf may subject the vessel to an inspection. The NSI prescribes that a flag-in survey with the minimum of the scope of an annual survey, is carried out to determine full compliance with the Netherlands’ applicable rules and regulations.
Furthermore, a review of the Fire Control- (or, if provided, Safety) Plan and report on noise levels ( Overview noise requirements ) should be carried out. All plans and documents, which in accordance with the conventions need to be approved by the Administration, shall be clearly marked “On behalf of the Administration” by the RO.
If deviations are found, the RO shall inform the NSI immediately (also see below: Non-compliance). The NSI will contact the losing flag State to discuss the deviations and to determine if further steps are necessary.
It is to be noted that in addition to EU Member States the EU regulation 789/2004/EC also applies for ships from States that are part of the EEA agreement. Whereas it is to be confirmed by the RO that requirements as per Marine Equipment Directive 2014/90/EC, as amended are complied with.
4.3 Flagging-in Convention ships from outside the EU
Article 2.4.2.2 of Annex 1 to the Agreement prescribes that ‘essentially the statutory full term certificates in compliance with the international conventions will be recognised. 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 Administration. 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 losing flag State and not by a RO, the RO shall carry out a full review3 for minimal those plans and documents listed in Annex 1 of this document in combination with the necessary surveys.
If deviations are found, the RO shall contact the NSI immediately for further instructions (also see below: Non-compliance). The NSI will examine these deviations and determine if further steps are necessary.
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2 Or the scope of an intermediate survey if applicable (SafCon, Marpol etc.). For Load Line items, the scope of an annual may be applied.
3 All plans and documents, which in accordance with the conventions need to be approved by the Administration, shall be clearly marked “On behalf of the Administration” by the RO.
4.4 Flagging-in of Non-Convention ships (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 recognised'. For the flagging-in of Non-Convention ships, a full initial survey, in combination with a full review of those plans and documents listed in Annex 1 of this document, 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 website. Special attention should be paid to community (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 it has been recently identified that there is still a gap remaining in our national legislation for the requirements for structural fire protection for vessels 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 (Regulation Safety Seagoing Vessels, Article 2) between 01-07-2009 and 01-01-2018 or a building contract before 01-01-2018.
As a result the current requirements for these vessels are currently considered insufficient.
Therefore the NSI requires that the following items of IACS Recommendations for the Safety of Cargo Vessels of less than Convention Size ( IACS Rec. No.99 Rev.1 CLN ) 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, only item 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 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 NSI.
Annex 1 Plans and documents for flagging-in to Netherlands flag *)
*) Please note that for certain non-convention ships special consideration/approval requirements may be applied in consultation with the NSI. For example for ships certified in accordance with the LY2- or LY3-Code or MODUs.
Ad 4.3 Drawings to be reviewed (and marked approved on behalf of the Administration if approval is required by the International Conventions) for Convention vessels
The following plans and documents need to be reviewed (and, if applicable, marked approved), if the review was carried out by the losing flag State:
- Record of approved cargo ship safety equipment ( IMO SLS.14/Circ.1 ),
- Structural Fire Protection,
- Fire Control (or if provided, Safety) Plan,
- Damage Control Plan,
- Definitive Stability information (as required by the SOLAS Convention),
- Report on noise levels ( Overview noise requirements ),
- Escape Plans (for Passenger ships only).
Ad 4.4 Drawings to be reviewed (and marked approved on behalf of the Administration if approval is required by the International Conventions) for Non-Convention-vessels
The following plans and documents need to be reviewed (and, if applicable, marked approved) for Non-Convention vessels:
Shipbuilding:
- Structural fire protection in accommodation areas,
- Ventilation system in accommodation areas,
- Report on noise levels ( Overview noise requirements ),
- 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).
Technical:
- Data of propulsion machinery (copy of class certificates),
- Data of auxiliary machinery (copy of class certificates),
- Lay-out and connection of acetylene welding and cutting installation,
- Diagram of deck wash and fire-fighting system,
- Diagram of bilge system,
- Diagram of fixed fire extinguishing systems (including necessary data, calculations and manuals),
- Diagram of steering gear (hydraulic part),
- Diagram of dirty oil system,
- Record of approved cargo ship safety equipment (IMO SLS.14/Circ. 1),
- Fire Control Plan.
Nautical:
- Plan showing visibility from bridge,
- Bridge lay-out including data of GMDSS equipment and navigation equipment,
- Arrangement and particulars of survival craft,
- Arrangement of magnetic compasses,
- Arrangement of navigation lights with necessary data,
- Antenna plan,
- Diagram of power supply GMDSS,
- Dispensation nautical paper charts (if applicable).