Onderwerp: Bezoek-historie

Manning Act (English, uncontrolled version)
Geldigheid:01-02-2002 t/m Status: Geldig vandaag

Dit onderwerp bevat de volgende rubrieken.

Act of 11 December 1997, Stb. 757, providing for regulations regarding the manning of seagoing vessels, most recently amended by Act of3 April 2008, Stb. 112

We, Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange-Nassau, etc., etc., etc.
All, who shall read this or shall hear it read, We salute you! shall know:
Whereas We have taken into consideration, that it is desirable to issue new requirements for the manning of Dutch sea-going ships;
Regarding the International Convention on Standards on Training, Certification and Watchkeeping, for Seafarers, 1978 (Trb. 1981, 144) of 7 July 1978, as well as the Council Directive of the European Union, 94/58/EG of 22 November 1994, on the minimum level of training for seafarers (PbEG L 319);
It is thus that We, having heard the Council of State, and in joint consultation with the States General, have approved and understood, as We hereby approve and understand:

 

Chapter 01 Definitions

Article 01 Definitions

In this Act and its provisions, the following shall be understood as:

  1. Our Minister: Our Minister of Transport, Public Works and Water Management;
  2. Dutch ship: a ship that, under Dutch legislation, has the right to fly the flag of the Netherlands;
  3. fishing vessel: a Dutch ship intended or used for catching fish or other living resources ofthe sea;
  4. sailing ship: a Dutch ship intended and designed to be propelled mainly through use of sails;
  5. pleasure yacht: a Dutch ship that is never used for trade or professional purposes;
  6. sailing ship operations: professional operations with sailing ships at sea;
  7. ship's length: unless determined otherwise, 96% of the length of the load line on 85% of the least depth measured from the top of the keel plate, or the length equal to the length measured from the stern to the axis of the rudder-stock on this load line, if the latter length is greater; in case of fishing vessels designed with trim by the stern, the waterline at which this length is measured, shall be taken parallel to the design load line;
  8. master: the person having command of a Dutch ship;
  9. ship's officer: a member of the crew, not being the master, who performs a function as mate, engineer officer, maritime officer or radio operator on board of a Dutch ship;
  10. person on board: anyone who is on board the ship while it is sailing;
  11. crew: the master, the ship's officers, the ratings and the other persons on board mentioned in the ship's articles;
  12. managing owner: the natural or legal person who, from an office in the Netherlands where the shipping company is established, is in charge ofthe management of the ship, as well as the persons who, as members of a partnership, are in charge of a fishing vessel;
  13. Inspector-General: the Inspector-General ofthe Inspectorate Transport, Public Works and Water Management;
  14. Shipping Division: the Shipping Division of the Inspectorate Transport, Public Works and Water Management;
  15. competency: the qualification to serve on a ship in one or more functions;
  16. appropriate certificate: a document issued by the Inspector-General which proves the competency;
  17. manning plan: a proposal from the managing owner containing the number of crewmemhers with their respective functions with which the managing owner wants to man the ship;
  18. manning certificate: a certificate issued by the Inspector-General, containing the minimum number of crewmembers and their functions on the ship concerned;
  19. professional requirements: the requirements laid down in accordance with this Act regarding the knowIedge, understanding and skills for functions or work to which this Act applies;
  20. certificate ofmedicalfitness: a certificate as referred to in Article 40;
  21. disciplinary committee: the disciplinary committee as referred to in Article 55a, paragraph two;
  22. processing ofpersonal data: its definition in the Personal Data Protection Act;
  23. responsible: its definition in the Personal Data Protection Act.
  24. certificate ofprofessional qualification: any valid document issued by or under the responsibility of the competent authorities of a member state ofthe European Union, another state which is party to the Agreement on the European Economie Area or Switzerland, in correspondence with Article 5 of guideline 2001/25/EC of the European Parliament and the Council of the European Union of 4 April 2001 regarding the minimum level of education of seafarers (PbEC L 136) and the requirements laid down in the corresponding Annex I.

Article 02

  1. This Act is applicable to Dutch ships that are used at sea, insofar as not otherwise provided for with respect to fishing vessels.
  2. This Act is applicable to Dutch ships, for which a certificate of seaworthiness as referred to in the Ships Act is required or has been issued, which ships are used on waters which are locally considered to be inland waters.
  3. This Act is not applicable to:
    1. ships that have been issued a certificate of seaworthiness for unmanned towed transport;
    2. warships;
    3. lifeboats;
    4. open fishing vessels, which are, as a ruIe, not brought outside the sight ofthe Dutch coast;
    5. pleasure craft.

Chapter 02 The manning of sea-going ships

§ 1 General conditions

General conditions regarding the recruitment and maintenance of a safe manning

Article 03

  1. The responsibility for manning a ship in accordance with this Act lies with the managing owner.
  2. The managing owner supplies the master with the means that enable him to comply with the obligations pursuant to this Act.
  3. For the benefit of the authorities responsible for ensuring that this Act is complied with, the managing owner shall maintain, for each ship, a review of each crewmember serving on said ship, which review shall contain at least the following information:
    1. training;
    2. experience;
    3. professional skill;
    4. medical fitness;
  4. In implementation of the obligation as referred to in paragraph three, personal data regarding health shall be processed. The processing of these data takes place in order to be able to consider whether the crew of the ships managed by the managing owner comply with the legal requirements as regards physical and mental fitness. The managing owner is responsible for this processing.

Article 04

  1. The managing owner shall man a ship in such a way that, within reason, all work on board can be done in accordance with the applicable work and rest hours regulations, and taking into account the operation, the risks at sea and of the cargo, without endangering the persons on board, the ship, the cargo, the environment or shipping traffic.
  2. The managing owner shall ensure that the crewmembers, upon employment on board, are familiar with their specific tasks and with all regulations, procedures on board and the characteristics of the ship, which relate to their tasks both under normal and emergency conditions.
  3. The master and the ship's officers behave on board vis-à-vis the persons on board, the ship, the cargo, the environment and the maritime traffic with the diligence of a good mariner.
  4. The master shall ensure that the crew of the ship is prepared at all times to perform their duties on board.

§ 2 Manning certificate and manning plan

Manning certificate and manning plan

Article 05

  1. A ship shall have a valid manning certificate, issued by the Inspector-General.
  2. A ship shall, as a minimum, be manned in accordance with the manning certificate.

Article 06

  1. The manning certificate shall contain the characteristics of the ship, and if necessary, details regarding use of the ship in relation to its crew.
  2. A manning certificate shall be issued in duplicate for a certain period of not more than five years.
  3. The master shall ensure that one of the copies of the valid manning certificate is displayed at a clearly visible place on board of the ship.

Article 07

  1. The managing owner shall submit an application for a manning certificate to the lnspector-
    General for each ship separately, and shall in doing so enclose a manning plan for the ship concerned.
  2. The managing owner may propose more than one crew composition for a ship.
  3. A Ministerial Decree shall stipulate which information shall at least be included in the manning
    plan.

Article 08

  1. The Inspector-General shall take a decision on each of the crew compositions submitted.
  2. The Inspector-General shall decide to issue a manning certificate for the ship concerned if, in his opinion, the proposed crew composition:
    1. guarantees the safety of the ship and safe and environmental!y responsible sailing;
    2. does not violate the standards for work and rest hours applicable to the crew;
    3. the other requirements, as referred to in Article 4, paragraph 1, can also be met; and
    4. meets the provisions set out in Article 64.
  3. The managing owner shall provide further information on the manning plan upon request.
  4. The Inspector-General may consult the master before deciding on the issue of a manning certificate.
  5. Within his jurisdiction, the lnspector-General shall determine the crew composition of the ship concerned and shall issue a manning certificate in accordance therewith, ifhe is of the opinion that the provisions set out in paragraph two, subparagraphs a, up to and including d, cannot be met with the crew composition proposed by the managing owner.
  6. The managing owner shall supply the master with a copy of the manning plan, which copy shall include any additional information provided, based on the provisions set out in paragraph three, and which copy shall be part ofthe valid manning certificate.

Article 09

Should more than one crew composition apply to a ship, all crew compositions shall be included in the manning certificate in a clearly distinguishable way.

Article 10

The master shall record in the ship's log:

  1. in accordance with which crew composition the ship is manned, should more than one composition be included in the manning certificate; and
  2. facts or circumstances, which are not in accordance with the information in the manning plan.

Article 11

  1. The managing owner shall inform the Inspector-General of all changes in the data of the manning plan, which he intends to implement.
  2. Based on the new data, the Inspector-General shall decide whether, in accordance with the valid manning certificate, the crew composition can be maintained. If necessary, he shall issue a new manning certificate.

Article 12

  1. Should circumstances require this in the application of Article 4, paragraph three, the master shall ask the managing owner to supply him with the necessary additional means before a certain time, and he shall motivate this request accordingly. An oral request shall be confirmed in writing as soon as possible.
  2. Should the managing owner not or not in time respond to the request, as referred to in paragraph 1, the master shall inform the Inspector-General of this in writing.

Article 13

The Inspector-General shall revoke the manning certificate, if it is apparent that:

  1. the manning plan contains incorrect or incomplete information, to such an extent that based on correct or complete information this manning certificate would not have been issued, or
  2. the ship is used in violation ofthe information in the manning certificate and this different use, to his reasonable opinion, would require a different crew composition..

Article 14

  1. Without prejudice to Article 8, paragraph 5, the Inspector-General, within his jurisdiction, shall issue for the ship a new manning certificate for a different crew composition than that with which the ship, based on the last issued manning certificate, has been manned, if he has ascertained that compliance with the requirements, laid down in Article 8, paragraph 2, is no longer guaranteed with the aforementioned certificate.
  2. In the event, referred to in paragraph 1, the Inspector-General shall invite the managing owner to submit a new manning plan.

Article 15

  1. After a new manning certificate for a ship has been issued, the old manning certificate shall be sent to the Inspector-General as soon as possible.
  2. The managing owner shall ensure that paragraph 1 is complied with.

Article 16

The Inspector-General may, with due observance of regulations pursuant to an Order in Council, for a certain ship and for a period of no more than six months, grant an exemption from the obligations referred to in Article 5, paragraph 2, to man the ship in accordance with the manning certificate.

Article 17

  1. On or pursuant to an Order in Council regulations may be given regarding the composition of the crew for different sizes of fishing vessels.
  2. This paragraph shall not apply to fishing vessels having a length of less than 45 metres, with the exception of Articles 5, 6,13, opening sentence and subparagraph b, 15, 16 and 17.
  3. For each fishing vessel, the managing owner shall submit an application for a manning certificate with the Inspector-General.
  4. A Ministerial Decree shall stipulate which information is enclosed with the submission of the
    application.

§ 3 Competency, knowledge and experience requirements

Competency, knowledge and experience requirements

Article 18

  1.  All those who have a function or duty on board for which requirements have been set in accordance with this Act, shall have a valid appropriate certificate for th at function.
  2. The capacities, which may be included on the appropriate certificate as referred to in paragraph one, are:
    1. master all ships
      chiefmate all ships
      mate all ships
      master small ships
      chiefmate small ships
    2. chief engineer all ships
      second engineer all ships
      engineer all ships
      chief engineer small ships
      second engineer small ships
    3. chiefmaritime officer
      chiefmaritime officer small ships
      maritime officer
      maritime officer small ships
    4. skipper sea-going fishing vessels
      acting skipper sea-going fishing vessels
      mate-engineer sea-going fishing vessels
      mate sea-going fishing vessels
      engineer sea-going fishing vessels
    5. radio operator
    6. rating.
  3. The order of rank ofthe capacities referred to in paragraph 2 shall be determined by Order in
    Council.
  4. By or pursuant to an Order in Council, it shall be determined which restrictions or additions may be included in an appropriate certificate in connection with the nature ofthe cargo, the type of ship or the trading area.
  5. By an Order in Council, the capacities, referred to in paragraph two. subparagraph d, shall be distinguished in more detail according to length ofthe ship, it's propulsion power or trading area.
  6. Pursuant to an Order in Council, it shall be determined which specific restrictions shall apply for the appropriate certificates to which holders of certificates or endorsements, issued before the date upon which this Act comes into force, are entitled.

Article 19

  1. By or pursuant to Order in Council:
    1. for obtaining an appropriate certificate, as referred to in Article 18, paragraph two, following shall be determined:
      1°. the professional requirements;
      2°. the experience;
      3°. the requirements of medical fitness, and
      4°. the manner in which it is assessed whether the requirements referred to under 1° and 2° are complied with;
    2. the term of validity ofthe appropriate certificate, as well as the manner in which first
      issue, replacement or renewal ofthe appropriate certificate is regulated;
      c. the limits determined of the ships, upon which the following capacities may be exercised:
      1°. master small ships;
      2°. chiefmate small ships;
      3°. chief engineer small ships;
      4°. second engineer small ships;
      5°. chief maritime officer small ships, and
      6°. maritime officer small ships.
  2. The professional requirements required for the issuance of an appropriate certificate will have been met by:
    1. having completed successfully the final examinations of an education and training approved under the Higher Education and Research Act or the Education and Vocational Training Act, or
    2. having taken a course approved by Our Minister.
  3. A Ministerial Decree sets mIes regarding:
    1. the application for the approval referred to in paragraph two;
    2. the revoking of the approval.
  4. Our Minister shall set the criteria based upon which an application for the approval referred to in paragraph two is considered.

Article 20

  1. The lnspector-General shall decide to issue an appropriate certificate when the applicant meets the requirements, referred to in Article 19, paragraph one, first sentence and subparagraph a, 1°,2° and 3°.
  2. A Ministerial Decree shall stipulate which documents shall be submitted when applying for an appropriate certificate.
  3. The lnspector-General ascertains that a person has the Dutch nationality, or the nationality of one of the states, as referred to in Article 30, prior to issuing him one of the competencies as a master, respectively skipper which have been mentioned in Article 18, paragraph two.

Article 21

A Ministerial Decree may stipulate for which, by international resolution adopted, special functions or duties the possession of a certificate or any other document is prescribed, as weIl as which professional requirements apply.

Article 22

  1. By Order in Council, the criteria are given with due observance whereof Our Minister recognises appropriate certificates, certificates, or diplomas which have been issued by a  competent authority of a State, not being a Member State of the European Union nor another State that is a party to the Agreement on the European Economic Area or Switzerland.
  2. The holder of avalid appropriate certificate, diploma or certificate, that is recognised in accordance with paragraph one, shall, if he also meets the requirements in accordance with Article 19, paragraph one, opening sentence and subparagraph a, 2° and 3°, and if he is to serve on a Dutch ship, be issued an appropriate certificate, which certificate shall include a statement saying that the endorsement of recognition has been issued based on a recognised appropriate certificate.
  3. A recognition of professional qualifications as referred to in Article 5 of the General Act Recognition EC-Professional Qualifications for a profession for which the navigation competencies mentioned in Article 18, paragraph two, item d, are valid, shall be recognised as equal to a recognised appropriate certificate, diploma or certificate as referred to in paragraph two.
  4. The rules with due observance whereof the lnspector-General issues an appropriate certificate as referred to in paragraph two shall be stipulated by a Ministerial Decree.
  5. A Ministerial Decree shall stipulate which documents shall be submitted when applying for an appropriate certificate ofrecognition as referred to in paragraph two.

Article 22a

  1. Our Minister recognises a certificate of professional qualification which has been issued by or under the responsibility of the competent authorities of another member state ofthe European Union, another state which is party to the Agreement on the European Economic Area or Switzerland.
  2. An appropriate certificate is issued to the holder of a certificate of professional qualification as referred to in paragraph one, if he also complies with the requirements laid down under Article 19, paragraph one, preamble and item a, under 1°,2° and 3°, and if he will serve on a Dutch ship.
  3. An appropriate certificate issued under paragraph two has been restricted to the functions, jobs and levels of responsibility described in the original certificate, and contains an official declaration that the certificate has been issued on the basis of a recognised appropriate  certificate.
  4. By Ministerial Regulation is determined which documents are submitted with the application for an appropriate certificate.
  5. Paragraph two is not applicable to ratings.

Article 23

  1. Our Minister shall investigate written statements on, or indications of, medical unfitness or incapability to perform a function on board, of holders of an appropriate certificate as referred to in the Articles 18 or 22.
  2. Our Minister shall inform the holder of an appropriate certificate, for whom there exists a well-founded suspicion ofmedical unfitness or incapability to perform his function on board. He shall be obliged, upon the first possible opportunity, to subject himself to an examination with due observance of instructions given by Our Minister.
  3. In the event of a well-founded suspicion of medical unfitness, the examination, referred to in paragraph two, executed by a medical doctor or a medical specialist, appointed by Our Minister, into the general physical fitness or into the fitness of the eyesight or hearing, shall be based on the provisions set out in Article 19, paragraph 1, opening sentence and subparagraph a, 3°.
  4. In the event of a well-founded suspicion of incapability to perform a function on board, the examination, referred to in paragraph two, shall be conducted by an expert appointed by Our Minister under the provisions set out in Article 19, paragraph 1, opening sentence and subparagraph a, 1°.
  5. In the event that a periodic examination or an examination as referred to in paragraph two shows that the holder of an appropriate certificate does not meet the requirements for physical fitness as laid down in this Act, or does not meet the requirements for the fitness of eyesight or hearing, the doctor or medical specialist shall refuse to issue a new certificate of medical fitness. The Inspector-General may declare the certificate of medical fitness concerned invalid.
  6. The Articles 42, 43 and 44 shall be equally applicable.
  7. In the event that the holder of an appropriate certificate, without any valid reason, does not meet the obligation referred to in paragraph 2, the Inspector-General may yet declare the appropriate certificate issued invalid, without a further investigation being required.

Article 24

  1. The lnspector-General shall withdraw an appropriate certificate as referred to in Articles 18 or 22, if:
    1. an examination into the capability, as referred to in Article 23, paragraph four, shows that the holder no longer meets the professional requirements set out in Article 19, paragraph one, opening sentence and subparagraph a., 1°;
    2. one ofthe certificates ofmedical fitness prescribed for the holder pursuant to Article 23 has been declared invalid, or ifthe holder is declared permanently medically unfit for duty.
  2. An appropriate certificate may also be revoked by the Inspector-General if it is found that incorrect information was given during the application, or if false or falsified documents have been submitted.
  3. The Inspector-General may, to prevent an emergency situation or danger to shipping traffic, impose a prohibition for not more than 24 hours on the holder of an appropriate certificate banning him from performing a function on board of a ship or doing work.
  4. The Inspector-General shall revoke an appropriate certificate as referred to in Article 22, if the validity ofthe foreign appropriate certificate, certificate or qualification based upon which said appropriate certificate of recognition has been issued, has been suspended or withdrawn.
  5. The Inspector-General shall inform the foreign authority of the application of paragraphs one and two of this Article regarding an appropriate certificate as referred to in Article 22.

Article 25

  1. The Inspector-General may exempt a crewmember, with due observance ofthe regulations to be established by Order in Council, for a certain ship, and for a period of no more than six months, from the obligation referred to in Article 18, paragraph one, to be in possession of a valid appropriate certificate.
  2. The Inspector-General may exempt a holder of an appropriate certificate, valid on small ships, from the obligation referred to in Article 18, paragraph one, to be in possession of a valid appropriate certificate, insofar said qualification is used on board of a ship which, because of alterations can no longer be considered a small ship, if the following conditions are met:
    1. the exemption shall apply for the duration of the course taken by the holder to obtain an appropriate certificate valid on all ships, with a maximum of two years, and
    2. in the five years prior to the application, the holder shall have served on board of this ship, or on board of an, in the opinion of the Inspector-General, identical ship.

Article 25a

  1. In implementation of the Articles 20 through 24 personal data as regards health shall be processed. The processing of these data takes place in order to be able to consider whether the person who performs duties on board of a ship for which an appropriate certificate is required, complies or no longer complies with the legal requirements regarding the medical fitness in connection with the issue or the retention of an appropriate certificate. Our Minister is responsible for this processing.
  2. In implementation of Article 25 personal data as regards health shall be processed. The processing of these data takes place in order to consider whether exemption can be granted to a crew member, respectively to the holder of an appropriate certificate, from the obligation to have a valid appropriate certificate. The Inspector-General is responsible for this processing.

Chapter 03 The Master

The Master

 

Article 26

The master of a fishing vessel shall have the title of skipper.

Article 27

  1. The master is responsible for maintaining public order on board and exercises authority over all those on board.
  2. The master shall not allow any function or service on board that requires an appropriate certificate or a professional qualification, to be performed if the crewmember is not qualified to perform the function or service on board according to his valid appropriate certificate or, if this is permitted, according to a document as referred to in Article 21.
  3. The persons on board are obliged to follow the orders given in the interest of safety or to maintain order, including public order, by the master.

Article 28

The master shall exercise his authority as soon as he is on board and has accepted or taken the
command, and for as long as he has not passed on this authority or the managing owner has
relieved him from his command.

Article 29

  1. On Dutch vessels, only persons shall be appointed master who have the nationality of:
    1. the Kingdom of the Netherlands, or
    2. another state, but only when they have been exempted under Article 30 from the requirement mentioned in the opening sentence and in subparagraph a.
  2. A Ministerial Decree may, under conditions or with restrictions, grant fishing vessels exemption
    from the requirement referred to in paragraph one.

Article 30

  1. Persons who have the nationality of one of the member states of the European Union or of one of the other states who are party to the Agreement on the European Economic Area, shall be exempted from the nationality requirement, as referred to in Article 29, paragraph one, opening sentence and under a, for serving on board of Dutch vessels, being no fishing vessels.
  2. Persons who have the nationality of another state may be exempted by Ministerial Decree from the nationality requirement, as referred to in Article 29, paragraph one, opening sentence and under a for serving on board of Dutch vessels, being no fishing vessel, provided that it concerns:
    1. states involved in accession negotiations pursuant to a Decree to that end of the Council of the European Union and which are on a list determined by Regulation of Our Minister, or
    2. a state which does not belong to one of the states as referred to under a.
  3. The exemption as referred to in paragraph two shall only be granted if:
    1. the Kingdom ofthe Netherlands has made a written appointment for the Netherlands with that state for the recognition of Certificates of Competency as referred to in Requirement 1/10 of the Annex to the International Convention on Training, Certification and Watchkeeping of Seafarers, laid down on 7 July 1978 in London (Treaties Journal1981, 144), and
    2. the authorization procedure included in Article 18, paragraph three, related to Article 23, paragraph two, of Directive no. 2001/25/EC of the European Parliament and the Council of the European Union of 4 April regarding the minimum level of education of seafarers (PbECL136), has been completed.
  4. Restrictions or more specific requirements may be attached to the exemption, as referred to in paragraph two.
  5. By organizations of employers and employees in the merchant shipping section, respectively the sea-going hydraulic engineering branch, for the regulation of the labour market for masters with the Dutch nationality, respectively that of a state as referred to in paragraph one, a regulation governed by private law shall be established for their section on the issue to a managing owner of a written approval for appointing a person with another nationality in the function of master.
  6. Each ofthe regulations, as referred to in paragraph five, contains provisions regarding the issue, respectively the refusal of a statement as referred to in paragraph five, by a joint commission, consisting of representatives ofthe organizations of employers and employees in the merchant shipping section, respectively the sea-going hydraulic engineering branch.
  7. Besides, the regulation as referred to in paragraph five shall contain in any case:
    1. a grievance procedure for the benefit of chief mates, respectively first maritime officers which, in their opinion for incorrect reasons, have not been appointed in the function of master on a Dutch ship;
    2. the assessment of the activities of the commission, as referred to in paragraph six, and
    3. the manner of obtaining reliable and as complete as possible information as described in paragraph eight, which shall be annually supplied to Our Minister before 1 April.
  8. The information, as referred to in paragraph seven, under c, shall contain:
    1. the number of seafarers in the Dutch fleet, arranged according to function, age and nationality;
    2. the number of Dutch officers which, other than trainees, over the past year for the first time has mustered on Dutch sea-going ships;
    3. the number of available traineeships;
    4. the number of Dutch students which has been placed as trainees, and
    5. the number of foreign students which has been placed as trainees.
  9. Our Minister may, if the information as referred to in paragraph eight offers a convenient opportunity for him, as well as upon a request to that end from one of the two commissions as referred to in paragraph six, instruct the Inspector-General to completely or partially postpone the issue of a Certificate of Competency for the recognition as a master, as referred to in Article 22, paragraph one, for a certain period.
  10. Prior to the establishment of a Regulation as referred to in paragraph two, Our Minister consults the organizations of employers and employees in the merchant shipping section, respectively the sea-going hydraulic engineering branch on the draft of a Regulation.
  11. By Regulation of Our Minister, rules are determined regarding the exemption from the requirements laid down in Article 29, paragraph one, for the cases in which the regulation subject to private law, as referred to in paragraph five, has not been established within three months after the entry into force of that fifth paragraph, or has been cancelled without having provided for replacement of that Regulation by the organizations of employers and employees in the relevant section.

Article 31

  1. In the event of a vacancy or prolonged absence of the master of the Dutch ship, not being a fishing vessel, the chief mate shall act as master, respectively the chief maritime officer.
  2. In the event that no chiefmate or chiefmaritime officer is present, a person to be appointed by the managing owner shall act as master.
  3. In the event of a vacancy or prolonged absence of the master of a fishing vessel, the acting skipper shall act as master or, in the event of the non-availability of an acting skipper, a person to be appointed by the managing owner shall act as master.

Article 32

  1. The managing owner shall ensure that the master, based on the views given by him in the application of Article 4, paragraph three, or in the application of Article 8, paragraph four, is not prejudiced in his position within the shipping company.
  2. The master may ask the sub-district court judge to order the managing owner to comply with the provisions set out in paragraph one.

Chapter 04 Signing on and medical examination of the crew

Signing on and medical examination of the crew

 

§ 1 Signing on

Signing on

Article 33

  1. On board of a ship there shall be ship's articles, which shall be drawn up and altered by the master.
  2. The ship's articles shall contain, as a minimum, the names and capacities of the crewmembers who perform functions, referred to in the manning certificate, as well as the crewmembers who have been placed on board by the managing owner and/or the master, in the application of Article 4, paragraphs one and four, in addition to the aforementioned crewmembers.
  3. The ship's articles shall have a period ofvalidity of no more than twelve months.
  4. The master shall inform the Inspector-General of ship's articles, drawn up by him or of changes in the ship's articles, within one week or from the next port of call.

Article 34

  1. By or pursuant to an Order in Council:
    1. a. it shall be determined which information on the crew shall henceforth be included in the ship's articles;
    2. the model of the ship's articles shall be established;
    3. the manner and frequency in or with which the ship's articles are drawn up or changed shall be determined;
    4. the rules regarding the manner in which the Inspector-General is informed on drawn up or changed ship's articles shall be set.
  2. A Ministerial Decree may grant exemption from the obligation, referred to in Article 33, paragraph one, and from the provisions set out in paragraph one of this Article, this for the benefit of certain categories of ships.
  3. The Inspector-General may, under special circumstances, grant exemption from the obligation, referred to in Article 33, paragraph one, and from the provisions pursuant to paragraph one of this Article, for the benefit of a certain ship and for a certain period of time, this, if necessary, with certain restrictions and under certain provisions.

Article 35

The crewmembers, as referred to in Article 33, paragraph two, shall be in the possession of a valid seaman's book or a provisional seaman's book, from which the information included in the ship's articles shall be copied.

Article 36

By or pursuant to Order in Council, regulations shall be set regarding:
  1. the seaman's book or the provisional seaman's book, as well as the issue thereof;
  2. the information to be included in the seaman's book and the provisional seaman's book, and
  3. the information others than the master may record in the seaman's book or the provisional seaman's book.

Article 37

  1. A seaman's book shall be valid for a period of ten years after the date of issue.
  2. A provisional seaman's book shall be valid for a period of three months after the date of issue.

Article 38

  1. The master shall record the following information regarding a crew member in the seaman's book:
    1. date of signing on
    2. date of signing off
    3. the capacity in which the crew member has served, and
    4. the name and call sign of the ship.
  2. Neither the wages nor any assessment of behaviour shall be recorded in the seaman's book.

Article 39

  1. Should the crewmember be of the opinion, that the master or the other, as referred to in Article 36, opening sentence and subparagraph c, has recorded or failed to record information in his seaman's book in violation of Artide 38, he may make a complaint about this with the Inspector-General, who shall decide, if necessary after interrogation or proper summoning of interested parties, after which he shall record the measure of rectification he deems necessary in the seaman's book.
  2. The right of the crewmember to submit a complaint as referred to in paragraph one, shall become null and void after four weeks after the date of signing-off in a Dutch port, and after six months after the date of signing-off in a port outside the Netherlands.

§ 2 Medical examinations of the crew

Medical examinations of the crew

Article 40

  1. Each crewmember shall be in the possession of one or more of the certificates of medical fitness, as referred to in paragraph two, which certificate shows that he has been examined by a
    general practitioner or a medical specialist who has been appointed by Our Minister for that
    purpose, and that he meets the requirements of medical fitness, laid down in accordance with
    Artide 19, paragraph one, opening sentence and subparagraph a, 3°.
  2. The certificates of medical fitness referred to in paragraph one are the medical certificates:
    1. regarding the general physical fitness:
    2. regarding eyesight, and
    3. regarding hearing.

Article 40a

A certificate of medical fitness which shows that a crewmember has been examined and has been found medically fit for shipping by a general practitioner or a medical specialist who has been appointed by the competent authorities of another member state of the European Union, another state which is party to the Agreement on the European Economic Area or Switzerland, is considered to be equal to a certificate of medical fitness as referred to in Artide 40, paragraph one.

Article 41

The certificates of medical fitness, as referred to in Artide 40, paragraph one, shall be presented upon signing on.

Article 42

  1. Should the medical doctor or the medical specialist after the examination refuse to issue the required certificate of medical fitness to the person examined, said person shall have the right to have himself re-examined by a general practitioner or medical specialist appointed by Our Minister as arbitrator.
  2. The judgement of the doctor or medical specialist appointed as arbitrator shall be binding.
  3. The person examined, who has been refused the issue of a certificate of medical fitness, shall have the right to have himself examined again by an arbitrator, if there are medical grounds to assume that the reason for his first rejection no longer applies.
  4. The person examined, who during the examination has announced that he is of the opinion that he should be declared unfit for duty on medical grounds, shall have the right to have himself re-examined by an arbitrator, if the medical examiner or medical specialist has found no objections to the issue to him of a certificate of medical fitness.

Article 43

  1. The certificate of medical fitness, issued by a general practitioner or medical specialist who has not been appointed as arbitrator pursuant to Article 42, after another general practitioner or medical specialist has refused the issue of a certificate of medical fitness, is invalid.
  2. Should a next examination show that the person examined does not meet the set requirements of medical fitness, the validity of the certificate of medical fitness concerned issued earlier shall become null and void.

Article 44

  1. By or pursuant to Order in Council, further regulations shall be set regarding
    1. the medical examination, referred to in Article 40, paragraph one;
    2. the re-examination by general practitioners or medical specialists appointed as arbitrators;
    3. the appointment of general practitioners, medical specialists and arbitrators, as well as the withdrawal of this appointment;
    4. the period of validity of the certificates of medical fitness.
  2. The Inspector-General may grant exemption from the obligation to meet the applicable medical standards for a certain period of time, in the event that a general practitioner or medical specialist appointed as arbitrator advises so in a properly motivated way.

Article 45

Should more crew be added to the crew shortly before departure, and should pressing circumstances force the signing on of persons who are not in the possession of one or more valid certificates of medical fitness, the Inspector-General may grant exemption from the obligation referred to in Article 40, paragraph one.

Article 46

In the event that the ships' articles need to be drawn up or added to in a port outside the Netherlands, where there are not medical doctors or medical specialists as referred to in Artide 40, paragraph one, present, the locally applicable customs shall be used regarding the certificates of medical fitness.

Article 47

In the cases, referred to in the Articles 45 and 46, a medical examination by a general practitioner or medical specialist as referred to in Article 40, paragraph one, shall be carried out upon first opportunity.

Article 48

  1. A Ministerial Decree may stipulate that special categories of persons on board must be in the possession of a valid certificate of medical fitness.
  2. A Ministerial Decree may stipulate that crewmembers on certain ships are exempted from parts of the medical examination.

Chapter 05 Supervision and detection

Supervision and detection

Article 49

  1. The surveyors from the Shipping Division. as well as officials or other persons appointed by Our Minister, shall be responsible for supervision on compliance with the provisions set out in this or pursuant to this Act.
  2. An appointment as referred to in paragraph one shall be announced in the Government Gazette.

Article 50

The supervisor referred to in Article 49, paragraph one, shall be authorised to enter any place, which shall include the living quarters of ships, to exercise his authority in accordance with this Act.

Article 51

  1. The supervisor referred to in Article 49, paragraph one, shall be authorised to inspect matters and ships regarding which he has a supervisory function. This authority shall also apply to the places referred to in Article 50.
  2. In view of exercising these powers and in the event of a well-founded suspicion that any of the obligations pursuant to this Act are violated, he is authorised to demand from the master of a ship to heave to or to take the ship to a safe mooring or anchorage, as indicated by the  supervisor.

Article 52

  1. A surveyor of the Shipping Division shall have the authority to detain a ship, if prior to departure to sea
    1. no manning certificate has been issued to the ship or the manning certificate is invalid;
    2. the crew found present by him does not as a minimum correspond with the manning certificate; or
    3. the ship obviously is used or will be used for other purposes than those in accordance with the restrictions or conditions referred to in the manning certificate.
  2. The official of the Shipping lnspectorate is also competent to arrest a ship, if the supervisor or the Inspector, as referred to in Artic1e1:3, first paragraph, item c, of the General Customs Act, is refused entry to the ship or if no assistance is given to his request.
  3. The detention shall be lifted as soon as the reason for the detention is no longer valid.

Article 53

  1. The surveyor of the Shipping Division shall inform the Inspector-General forthwith of the detention and of the reasons for the detention.
  2. The officer of the national tax office, authorised in the area of customs, shall also be notified of a decision to detain a ship or to lift the detention.
  3. The officer referred to in paragraph two shall not grant release of the ship concerned if he has received a notification of detention and for as long as he has not received a notification that the detention has been lifted.

Article 54

Our Minister may limit the powers of the supervisor.

Article 55

The following persons shall be responsible for the detection of facts, which are punishable by or pursuant to this Act:
  1. persons appointed by or pursuant to Article 141 of the Code of Criminal Procedure;
  2. surveyors of the Shipping Division.

Chapter 06 Prohibitions

Prohibitions

Article 56

  1. It is prohibited to take a ship to sea, to have a ship taken to sea, or to use or have used a ship at sea, without avalid manning certificate being on board the ship.
  2. It is prohibited to use a ship for which a certificate of seaworthiness, as referred to in the Ships
    Act, is required or has been issued, on waters that are locally considered to be inland waters,
    without avalid manning certificate being on board the ship.

Article 57

It is prohibited
  1. to man a ship with less crewmembers than has been indicated on the manning certificate;
  2. to man a ship in a way that not as a minimum the functions indicated on the manning certificate are carried out by crewmembers authorised to have said functions, or
  3. to use the ship in violation of the conditions set out in the manning certificate.

Article 58

  1. It is prohibited to have the duty of look out, or as officer in charge of the navigational watch on the bridge or as officer in charge of the watch in the engine room or engine rooms, ordered to or carried out by crewmembers who are not qualified to carry out such duties.
  2. It is prohibited to carry out work on board for which, pursuant to Article 18, an appropriate certificate is required, if one has not been declared competent to do so by way of a valid appropriate certificate.
  3. It is prohibited to carry out work on board for which, pursuant to Article 21, a certificate or other document is required, if one has not been declared competent to do so by way of a valid certificate or other document.

Article 59

It is forbidden to neglect to draw up, draw up again or change the ship's articles, or to neglect to inform the Inspector-General pursuant to Article 33, paragraph four, of the drawn up ship's articles or any changes therein.

Article 60

It is forbidden not to observe the obligations pursuant to Article 3, paragraphs two and three, Article 4, paragraphs one, two and four, and Article 29, paragraph one.

Chapter 07 Other provisions

Other provisions

 

§ 1 Objections and appeal

Objections and appeal

 

Article 61

Any interested party may lodge an appeal with Our Minster against a decision taken based on this act by the Inspector-General or against a decision taken by a surveyor of the Shipping Division to detain a ship.

§ 2 Tariffs

Article 62

A Ministerial Decree shall determine the tariffs for:

  1. the issue of manning certificates;
  2. the assessment of a manning plan;
  3. the issue, replacement or renewal of appropriate certificates;
  4. the issue or replacement of a seaman's book or a provisional seaman's book;
  5. to take exams, additional exams and tests;
  6. the granting of exemptions;
  7. remuneration for examiners and experts;
  8. the issue, replacement or renewal of special documents, as referred to in Article 21; and
  9. the handling of an application for the recognition of an education as referred to in Article 19, paragraph two, under b.

§ 3 Appointment of examinations and experts

Appointment of examinations and experts

Article 63

Our Minister may appoint examiners or experts, who are authorised to be present at exams that are taken to acquire the appropriate certificates, diplomas or certificates referred to in, or pursuant to this Act.

§ 4 Execution of conventions

Execution of conventions and resolutions adopted by international organisations

Article 64

By or pursuant to Order in Council, in implementation of the International Convention on Standards of Training, Certification and Watchkeeping for seafarers, 1978 (Trb. 1981, 144), as well as in implementation of other conventions or resolutions adopted by international organisations, regulations regarding the manning of ships may be set in order to guarantee safe and environmentally friendly sailing.

§ 5 Central register of crew data

Central register of crew data

Article 65

There is a Central Register of crew data, in which the Inspector-General shall register the seaman's books and provisional seaman's books issued, the appropriate certificates issued and withdrawn as referred to in the Articles 18 and 22, the exemptions and dispensations granted, and the information sent to him regarding ship's articles.

Article 65a

Our Minister is entitled to give information to and receive information from the authority of a member state of the European Union, another state which is party to the Agreement on the European Economie Area or the International Convention on Standards of Training, Certification and Watchkeeping for Seafarers, established on 7 July 1978 in London, 1978 (Trb.1981, 144), qualified for giving and receiving information, as regards the granting of an appropriate certificate or another certificate of professional qualification.

Article 66

A Ministerial Decree shall establish rules regarding the manner in which the information is registered in the Central Register of crew data.

§ 6 Public register

Public register of manning certificate

Article 67

  1. There is a public register of manning certificates, which shall be kept by the lnspector-General.
  2. This register may be consulted free of charge.
  3. lf required, a copy ofthe manning certificate for a certain ship shall be provided at no more than cost price.

§ 7 State examens

Article 68

Our Minister may appoint boards of examiners whereby those, who have not taken a course at an institution financed by the State, are given the opportunity to take an exam for the certificates, respectively declarations, mentioned below:

  • as maritime officer;
  • as mate-engineer small ships;
  • as skipper/engineer restricted working area;
  • as mate/engineer for sea-going fishing trade SW4;
  • as mate/engineer for sea-going fishing trade SW5;
  • as mate/engineer for sea-going fishing trade SW6;
  • as mate deep sea sailing ships;
  • as mate short sea sailing ships;
  • steam propulsion.

Article 69

The professional requirements for the functions to which the certificates and declarations referred to in Article 68 apply, shall be stipulated by Order in Council.

Chapter 08 Transitional provisions

Transitional provisions

Article 70

  1. The endorsed certificates of competency, which have been issued based on Chapter VII of the Ships Decree 1965, before the date upon which this Act comes into force, shall remain valid until the end date recorded on them.
  2. Certificates of competency, upon whieh there is no end date recorded, shall remain valid until the first day ofthe month following the 65th birthday of the holder.

Article 71

  1. By Order in Council, it shall be determined to which appropriate certificates, referred to in Chapter 2, paragraph 3 of this Act, the holder of a valid Dutch certificate of competency, of a merchant shipping diploma or a diploma for sea-going fishing trade, shall be entitled.
  2. The appropriate certificates, referred to in paragraph one, shall be at least equal to the qualification pursuant to the certificate of competency, or the diploma for sea-going fishing trade, that are eligible for replacement.
  3. Merchant shipping diplomas, as referred to in paragraph one, shall also include the diplomas acquired before this Act came into force based on the Order of 3 April 1941 (Stb.B32),  providing for provisions regarding equalisation of the Merchant Shipping Diplomas issued by or on behalf of the Governor of Curacao with the diplomas issued by the committee set up in accordance with the Ship Officers' Certificates Act, Bulletin of Acts 1935, No. 456), as well as the diplomas acquired before this Act came into force based on the Decree of 12 September 1942 (Stb.C 55), providing for the equalisation ofthe diplomas for mates and engineers.
  4. Additional professional requirements may be set by the Order in Council referred to in paragraph one, which the holder of one ofthe diplomas referred to in Article 76 must meet before he becomes eligible for the issue ofthe appropriate certificate mentioned therein.

Article 72

The documents providing for the minimum prescribed crew composition with the functions of  crewmembers, which have been issued before this Act came into force, shall remain valid until the end date recorded on the certificate of seaworthiness of which they are part.

Article 73

Managing owners of ships that are manned in accordance with the models of the Ship Officers' Certificates Order and Chapter VII of the Ships Decree 1965, or the Seafarers' Requirements Order, of which the crew composition is not changed after this Act has come into force, may submit a limited manning plan on the application for the first manning certificate.

Article 74

The certificates of medical fitness, which were issued before this Act came into force, shall remain valid until the end date recorded thereon.

Article 75

Decisions regarding crew documents, certificates of competency, seaman's books and certificates of medical fitness, which were submitted before this Act comes into force and which are still being dealt with at that time, shall be taken in accordance with the provisions set out in or pursuant to this Act.

Article 76

  1. Until 1 February 2002, exams may be taken for the diploma:
    • as first mate foreign-going trade;
    • as second mate foreign-going trade;
    • as third mate foreign-going trade;
    • as mate home trade and the supplementary diploma as mate home trade;
    • C as ships' engineer;
    • B as ships' engineer;
    • A as ships' engineer;
    • as motorman;
    • for sea-going fishing trade SWVI;
    • for sea-going fishing trade SWV;
    • for sea-going fishing trade S IV-v;
    • for sea-going fishing trade W IV-v;
  2. Until 1 February 2007, the holders of a declaration stating that the exam in question was taken successfully, shall be issued the diplomas referred to in paragraph one, as well as the diplomas:
    1. as mate on ocean-going tugboats;
    2. the provisional diploma as ships' engineer;
    3. as assistant engineer.
  3. With due observance of the end date referred to in paragraph one, a Ministerial Decree shall determine the dates upon which the respective exams referred to in said paragraph may be taken for the last time.
  4. Regarding the exams referred to in this article and the issue of diplomas the following shall apply:
    1. Examenbesluit zeevaartdiploma's 1991
    2. Examenbesluit zeevisvaart
    3. Besluit zeevaartdiploma's experimenterend hoger nautisch onderwijs;
    4. Besluit bijzondere verkrijging diploma's kleine handelsvaart;
    5. Besluit bijzondere verkrijging voorlopig diploma als scheepswerktuigkindige; or
    6. Besluit bijzondere verkrijging diploma A als scheepswerktuigkundige.

     

    Article 77

    An Order in Council shall determine the professional requirements for the functions to which the diplomas referred to in Article 76, paragraph one, apply.

    Article 77a

    As regards the professions for which the capacities, mentioned in Article 18, paragraph two, items a, b, c and e, are valid, declarations as referred to in Article 22, paragraph three, as this read before 20 October 2007, keep their validity in accordance with the finish date mentioned on it.

    Chapter 09 Final provisions

    Final provisions

    Article 78

    An amendment to guideline no. 2001/25/EC ofthe European Parliament and the Council of the European Union of 4 April 2001 as regards the minimum level of education of seafarers (PbECL 136) will enter into force, for the purpose ofthis Act, as from the day on which the amending guideline must have been implemented, unless another time has been determined by Ministerial Order, which is published in the Government Gazette.

    Article 79

    1. The Articles 341, section one, 341a, 341b, 374, section one, 395, 451, section two, third sentence, 451b, 451c, 451d, paragraph one, and 451f up to and including 451j of the Commercial Code shall become null and void.
    2. Without prejudice to the provisions set out in Article 82, the Ships Officers' Certificates Act shall be withdrawn.
    3. Without prejudice to the provisions set out in Article 82, the Ships Officers Certificates Act Sea-going Fishing Vessels, Stb 1935, 455, shall be withdrawn.
    4. The Order of 12 September 1942, providing for the equalisation of diplomas for mates and engineers (Stb. C55),shall be withdrawn.

    Article 80-81

    [Contains amendments to other regulations.]

    Article 82

    After this act has come into force, the following Orders of Council and Ministerial Decrees shall be
    based on the Article 19, paragraph one, and Article 77 of this act:

    1. Examenbesluit zeevaartdiploma's 1991;
    2. Examenreglement zeevisvaart;
    3. Regeling normen ter bepaling uitslag zeevisvaartexamens;
    4. Diensttijdreglement zeevisvaart;
    5. Besluit zeevaartdiploma's experimenterend hoger nautisch onderwijs;
    6. Besluit bijzondere verkrijging diploma's kleine handelsvaart;
    7. Besluit bijzondere verkrijging voorlopig diploma als scheepswerktuigkundige;
    8. Besluit bijzondere verkrijging diploma Aals scheepswerktuigkundige.

    Article 83 Cancelled

    Article 84

    This Act shall come into force on a date to be determined by Royal Decree, which date may be different for various Articles or subsections thereof.

    Article 85

    This Act shall be quoted as: Manning Act.

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