Certificates of Registration Act (English, uncontrolled version)

Article 01

In this Act the master also means the person who replaces the master.

Article 02

In this Act seagoing vessels mean all ships, as referred to in Article 2, first paragraph, of Book 8 of the Civil Code, with the exception of:

1. warships;
2. vessels of sailing clubs or yacht-clubs, recognized as such by the Minister entrusted with the implementation of this Act;
3. ships, belonging to the central government or any public entity, intended for public service;
4. survival eraft;
5. fishing vessels.

Article 03

1. Seagoing vessels are entitled to fly the Dutch flag when they have been provided with a certificate of registration, issued in accordance with the requirements of this Act.
2. The master ensures th at the ship carries no other than the Dutch flag.
3. The condition that the ship has been provided with a certificate of registration is not applicable when it is used for public service or, insofar as it regards a ship newly built in the Netherlands, when performing sea trials.

Article 04 and 04a

Article 4
Certificates of registration, with the exception ofthe provisional certificates of registration and the special certificates of registration, as referred to in the Articles 11 and 12, are only issued for seagoing vessels which are registered in the public registers, as referred to in section 2 of title 1 of Book 3 of the Civil Code.

Article 4a
Certificates of registration and provisional certificates of registration are also issued for seagoing vessels registered in the bareboat charter register, mentioned in Article 2 of the Seagoing Vessels under Bareboat Charter (Nationality) Act (Stb. 1992. 541).

Article 05 and 05a

Article 5
A certificate of registration, as referred to in Article 4, states:

1. the name of the ship and of the office where it is registered in the public registers, as referred to in section 2 of title 1 of Book 3 of the Civil Code;
2. the volume, on which it is measured according to the present legal provisions;
3. the description of the ship containing at least the data as referred to in Article 85, second paragraph, under f, of the Cadastral Register Act, as weIl as the brand-mark of the ship as referred to in Article 21, first paragraph, under c, of that Act;
4. the name of the natural person, the legal person, the shipping company or the trading partnership to which the ship belongs.

 

Article 5a
A certificate of registration, as referred to in Article 4a, states:

1. the name of the ship;
2. the gross and net tonnage ofthe ship according to the tonnage certificate;
3. the description ofthe ship according to the registration in the bareboat charter register, mentioned in Article 2 of the Seagoing Vessels under Bareboat Charter (Nationality) Act;
4. the name and the address ofthe office, where the ship is registered in a register of owners of seagoing vessels outside the Netherlands;
5. the name and the address ofthe natural person, the legal person, the shipping company or the trading partnership, to whose disposal the ship has been placed under bareboat charter;
6. the period for which the certificate of registration has been issued.

    

Article 06 and 06a

1. A certificate of registration, as referred to in Article 4, is presented in the name of the King by the Minister entrusted with the implementation of this Act under submission of a statement issued by the Keeper of the cadastre and the public registers that the ship is registered, as well as an extract from the registration for ships as referred to in Article 101, first paragraph, of the Cadastral Register Act, stating at least the information, as referred to in Article 85, second paragraph, under a, c, d, e, f, g and i, of that Act, as well as the information regarding non-cancelled provisional notations.
2. The statement as referred to in the first paragraph and the extract as referred to in that paragraph are accompanied by the tonnage certificate issued according to the present legal provisions. lf that statement and that extract have been issued more than two days before the day of submission, these documents shall include a statement of the Keeper of the cadastre and the public registers, issued within the aforementioned period of two days, that the information mentioned on those documents has not been changed since their issue.
3. The presentation of a certificate of registration, as referred to in Article 4, as well as of a provisional certificate of registration, as referred to in Article 11, first and fourth paragraphs, takes place on payment of a retribution, calculated according to a tariff to be determined by the Minister entrusted with the implementation of this Act.

Article 6a

1. A certificate of registration, as referred to in Article 4a, is presented in the name of the King by the Minister entrusted with the implementation of this Act under submission ofa recent copy of the registration in the bareboat charter register, mentioned in Article 2 of the Seagoing Vessels under Bareboat Charter (Nationality) Act, as well as the tonnage certificate. This certificate of registration may only be issued for the period during which the ship has been put at the disposal of the bareboat charterer under the bareboat charter agreement, but in any case not longer than four years after the day of issue.
2. When submission of a tonnage certificate is not yet possible, the Minister entrusted with the implementation of this Act may present a provisional certificate of registration for a seagoing vessel, which has been registered in the bareboat charter register, mentioned in Article 2 of the Seagoing Vessels under Bareboat Charter (Nationality) Act. This provisional certificate of registration is valid during the period mentioned in it, which may not exceed the period of six months.
3. Article 6, third paragraph, is applicable.

Article 07 and 07a

1. The application for a certificate of registration as referred to in Article 4, and a provisional certificate of registration as referred to in Article 11, is done by or on behalf of the person who is registered as the owner in the registration for ships, as referred to in Article 85 of the Cadastral Register Act.
2. The application for a certificate of registration and a provisional certificate of registration as referred to in Article 4a, is done by or on behalf of the person who has been mentioned as the bareboat charterer of the ship in the bareboat charter register, mentioned in Article 2 of the Seagoing Vessels under Bareboat Charter (Nationality) Act.

Article 7a

1. By regulation of Our Minister entrusted with the implementation of this Act, rules are laid down as regards the data and documents, required for effectively exercising the Dutch jurisdiction over that ship, as well as the location where those data can be inspected.
2. The person who operates a ship for which a certificate of registration as referred to in the Articles 4 and 4a has been issued, ensures that the data and documents, as referred to in the first paragraph, can be inspected in the Netherlands at all times and immediately.

Article 08

1. Certificates of registration are cancelled:
   
   1. by expiration of the period if they have been issued for a certain period;
   2. when the ship loses the capacity of Dutch ship;
   3. when the name of the volume of the ship has changed or it has been rebuilt;
   4. when the ship has perished, has been scrapped, has become permanently unfit for floating or has been taken by pirates or enemies;
   5. when no messages at all have been received from the ship for six months after it sailed away the last time or the day when the last messages have been received, which cannot be attributed to a general malfunction of the communication.
2. However, when the period, determined under a, ends or the case, as referred to under b, occurs, while the ship is abroad, the certificate of registration remains valid, subject to the following paragraph, until the ship returns in the Netherlands, but not longer than six months.
   The same applies to when the volume of the ship has changed abroad or when it has been rebuilt there, provided this change or rebuilding has been recorded on the certificate of registration by the nearest Dutch diplomatic or consular official or the competent officials in the Netherlands Antilles or Aruba.
3. Acertificate of registration, as referred to in Article 4, is cancelled at once by complete transfer of the ship to an owner who does not meet the requirements of Article 311 ofthe Commercial Code.
4. A certificate of registration may be withdrawn by Our Minister entrusted with the implementation of this Act:
   
   1. if the ship is used for privateering, piracy or slave trade;
   2. if the ship is deliberately used in such a way that the danger arises that the state becomes involved in a war;
   3. if any special governmental requirement for enforcement of non-participation in a war is deliberately violated by the ship.

Article 09

1. The cancelled or withdrawn certificate of registration is submitted at the first opportunity by the owner or the bareboat charterer of the ship or, if it is in the possession of the master, by the master to the authority who has issued the certificate of registration, except for the cases provided for by the Articles 11, third paragraph, 14, last paragraph, and 15, last paragraph.
2. When the ship has perished, has been scrapped, has become permanently unfit for floating or has been taken or loses the capacity of Dutch ship abroad, while the ship is abroad, the submission of the cancelled certificate of registration takes place by intervention of the nearest Dutch diplomatic or consular official or the competent officials in the Netherlands Antilles or Aruba.
3. The reason for cancellation of the certificate of registration is given with the submission.
4. An acknowledgement of receipt for the submitted certificate of registration is presented upon request to the owner, the bareboat charterer or the master.

Article 10

1. In the cases, as referred to in Article 8, first paragraph, under a and c, a new certificate of registration is presented upon request ofthe person entitled.
2. This application, to be submitted with the cancelled certificate of registration, is accompanied by the documents as referred to in Article 6 or Article 6a. When the ship is abroad, however, the cancelled certificate of registration is submitted immediately upon receipt of the new certificate of registration on board.
3. A new certificate of registration may also be presented in the above way, when it has been demonstrated sufficiently that it is not the fault of the persons concerned that the former certificate has become lost or cannot be produced.
4. Upon request, after change of ownership of the ship, a certificate of registration, as referred to in Article 4, is presented to the new owner in his name, provided the ship has maintained the capacity of Dutch ship. The presentation takes place on submission of the certificate of registration which has been presented to the former owner and on submission of an extract from the registration for ships as referred to in Article 101, first paragraph, of the Cadastral Register Act, stating at least the data, as referred to in Article 85, second paragraph, under a, c, d, e, f, g  and i, of that Act, the information on non-cancelled provisional notes, as well as stating the applicant as owner. If requested, the annotation of the change of ownership on the present certificate of registration may suffice.

Article 11

1. When buying or building a ship abroad, the Minister entrusted with the implementation of this Act may issue a provisional certificate of registration for the ship, if it meets the requirements in Article 311 of the Commercial Code for Dutch ships.
2. This certificate of registration mentions the name of the ship, the volume of the ship according to the foreign measurement, the type and other features of the ship and the name of the natural person, the legal person, the shipping company or the trading partnership to which the ship belongs. The certificate of registration is valid during the period mentioned in it, which, however, may not exceed the period of six months after the change of ownership or the completion. It may only be issued after sufficient proof of ownership.
3. Upon arrival in the Netherlands, the provisional certificate of registration, as referred to in the first paragraph, is retained by the competent officials of the Tax and Customs Administration, competent in the matter of customs.
4. In special circumstances, the Minister entrusted with the implementation of this Act may also issue a provisional certificate of registration for a ship that meets the requirements in Article 311 of the Commercial Code for Dutch ships in other cases than those mentioned in the first paragraph.
5. A provisional certificate of registration, presented on the basis of the previous paragraph, mentions the name of the ship, the volume of the ship according to the Dutch or a foreign measurement, the type and other features of the ship and the name of the natural person, the legal person, the shipping company or the trading partnership, to which the ship belongs. Such provisional certificate of registration is valid for the period stated in it, which may not exceed the period of six months.

Article 12

1. The Minister entrusted with the implementation of this Act may, if necessary, grant a special certificate of registration for a ship staying in our country, which has been built, bought or equipped on foreign account, so this ship, under Dutch flag, can be taken directly and within a certain period to the country of its destination.
2. Upon arrival at its destination, this certificate of registration is treated in accordance with the last three paragraphs of Article 9.
3. When a special certificate of registration issued under this Article is abused, or there are sound reasons for such abuse, that certificate of registration is withdrawn immediately.

Article 13

1. The Dutch diplomatic and consular officials or other Dutch authorities appointed by Us may temporarily permit ships, where mainly Dutch interests are involved and which are only used for sailing at rivers or near the coast outside the Netherlands, to fly the Dutch flag in an area indicated in the permit.
2. Further requirements to that end are given by Order in Council.

Article 14

1. When manoeuvring into or from Dutch sea ports or inlets, all masters of seagoing vessels, Dutch as well as foreign, are obliged to show a valid certificate of registration or another valid proof of nationality of their ship to the officials of the Tax and Customs Administration involved, competent in the matter of customs. In the absence thereof, no expedition is granted by those officials, and they may hold the ship, if necessary, until the required document is submitted. When arriving, conditions may, however, be attached to the permit to transfer that ship to its destination and to store the cargo there or elsewhere.
2. lnvalid certificates of registration, including cancelled and withdrawn certificates of registration, are retained by the competent officials of the Tax and Customs Administration, competent in the matter of customs.

Article 15

1. The master of a seagoing vessel, for which a certificate of registration or a permit, as referred to in Article 13 has been issued, is obliged, when the ship calls in a foreign port where a Dutch diplomatic or consular official has been established, to show the certificate of registration or the permit upon his request, after which the diplomatic or consular official signs the certificate of registration or the permit.
2. Invalid certificates of registration or permits, including cancelled or withdrawn certificates of registration and permits, are retained by the diplomatic or consular official, unless a new certificate of registration or permit has been applied for.

Article 16

The name of each ship, for which a certificate ofregistration, as referred to in Article 4, Article 4a, Article 11, fourth paragraph, or a permit, as referred to in Article 13, has been issued, shall be marked with visible, clearly legible letters at the stern by the owner or bareboat charterer.

Article 17

1. The Minister entrusted with the implementation of this Act is entitled, solely on account of
   special circumstances,
   
   1. to allow deviation from Article 6, second paragraph, and Article 6a, first paragraph;
   2. to continue the validity of a certificate ofregistration, also after the time as referred to in Article 8, second paragraph, this being for a certain period or for undertaking a certain voyage;
   3. to extend the period of validity of a provisional certificate of registration and of a special certificate of registration.

2. Extension, as referred to under b, as well as the extension of a special certificate of registration
   as referred to under c may occur only once.

    

Article 18

1. Violation of the provisions of this Act as regards the submission of cancelled and withdrawn certificates or registration is punished with a fine of the second category.
2. Violation of Article 15, first paragraph, or of Article 16, is punished with a fine of the second category.
3. Violation of the provisions as regards the submission of cancelled permits to fly the Dutch flag as determined by Order in Council in Article 13, is punished with a fine of the second category.
4. The penalty clauses apply to anybody who, either inside or outside the Netherlands, is guilty of the criminal offence.
5. The criminal offences are considered as violations.

Article 19

The officials of the Tax and Customs Administration, competent in the matter of customs, and the diplomatie and consular officials report all violations of this Act of which they are informed. These reports are legal evidences of the violations found therein, provided they meet the requirements of Article 153 of the Code of Criminal Procedure, on the understanding that, when they have been drawn up by a diplomatic or consul ar official, they can be confirmed by his included written oath.

Article 20

1. Certificates of registration, granted and still valid at the entry into force of this Act, remain valid insofar and as long as they are not cancelled under the appropriate requirements of this Act.
2. As regards the permits for flying the Dutch flag, the provisions of the Act of 28 May 1869, Bulletin of Acts, Orders and Decrees no. 96, as amended recently, remain applicable as long as the Order in Council as referred to in Article 13 has not yet entered into force. This Order in Council shall contain a transitory provision for the permits which wil! be extended before its entry into force.
3. Except for the previous paragraphs, the Act of 28 May 1869, Bulletin of Acts, Orders and Decrees no. 96, as amended recently, is revoked.

Article 21

1. The officials of the Inspectorate for Transport, Public Works and Water Management, appointed by Decree of Our Minister entrusted with the implementation ofthis Act, are responsible for the supervision over the compliance with the provisions of or pursuant to this Act.
2. Our Minister entrusted with the implementation of this Act may appoint officials coming under another ministry for certain tasks to be appointed by him, which are related to the supervision over the compliance with the provisions of or pursuant to this Act. The relevant decision is taken in accordance with Our Minister to whom this also concerns.
3. A decision as referred to in the first or second paragraph is announced by publication in the Government Gazette.

Article 22

[Contains amendments to other regulations.]

Article 23

1. This Act may be quoted by the title "Certificates of Registration Act".
2. It enters into force on a time to be appointed by Us.

Preamble

• Informatietype: Wet- en regelgeving (NL)
• Documentsoort: Wet
• Toegangsrechten: Intern
• Identificatie: PUC_1238_14
• Versie: 1
• Datum beschikbaarheid: 29-12-2009
• Geldigheid van: 01-02-1927
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Certificates of Registration Act (English, uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Onderwerp: Registratie / Registration
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Mandatory Regulations / National Instruments (Mandatory) / Acts / Wetten