1. | | Introduction Chapter 5 of the Agreement arranges specific requirements on interpretations, equivalents and exemptions. As final approval of equivalent arrangements, exemptions (or temporary non-compliance) is the prerogative of the Administration, there was a need to further specify the details on these issues in case of existing ships, flagging in and new building. Furthermore, article 4.4 of the agreement regulates procedures if an existing 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 provides a detailed procedure and conditions on the approval and issuance of exemptions or short-term certificates and equivalents, the requirements for reporting on this matter and describes the interpretation on the wording “substantially not in accordance with”. |
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 to NSI 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 |
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| | 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 |
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| | HSC Code
- HSC Code, Paragraph 14.3.3
| | Exemptions individual craft |
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| | COLREG 1972
| | Lights and sound signal appliances |
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| | For all abovementioned provisions an exemption certificate shall be issued and it is not possible to issue a short-term certificate |
| 3.2. | Equivalents (as mentioned in the regulatory framework) If an equivalent arrangement is requested or foreseen, NSI will (according to the information and the procedure under paragraph 4) review the founded proposal preferably in a format specified by the IMO. If approved, NSI will, according to the procedure as mentioned in SOLAS, Chapter I – regulation 5 (or other relevant instrument), submit the equivalent arrangement via its policy department to the IMO/EU. The IMO/EU will then circulate such particulars to the other Contracting Governments as a circular. The equivalent arrangement should be recorded in the related certificate and a copy of the arrangement should be attached to the certificate (in case the equivalent arrangement concerns an SLS circular, it suffices to reference the Circular in the certificate, although a copy may be attached). |
| 3.3. | Other deviations - ISM/ISPS
According to article 4.5 of the Agreement, a major non-conformity (ISM) or a major non-conformity/major failure as referenced in IACS PR24 (ISPS) should be reported to NSI immediately. NSI will determine, on a case-by-case basis, the procedures to be followed.
- Other Statutory items
Deviations from statutory instruments, other then ISM/ISPS or 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). In case of an exemption from national requirements where a separate exemption certificate is not required, the exemption may be incorporated in the related certificate cross-referencing the related article.
- 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).
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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 or other need for an exemption, equivalent arrangement or similar course of action: - Require the ship owner (or ship yard with new building) to submit a well-founded proposal to the RO for consideration;
- 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;
- Submit the well-founded proposal accepted (including any recommendation for issuance of an exemption, equivalent arrangement, 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
- Act on NSI’s instruction.
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| | 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. |