Onderwerp: Bezoek-historie

Vessels under Bareboat Charter (Nationality; English, uncontrolled version)
Geldigheid:22-10-1992 t/m Status: Geldig vandaag

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Act of 8 October 1992, Stb. 541

Act of 8 October 1992, Stb. 541, containing adoption of rules relating to the nationality of seagoing vessels under Dutch bareboat charter (Seagoing Act, most recently amended by law of 22 March 2007, Stb. 153

We Beatrix, by the grace of God, Queen of the Netherlands, Princess of Orange Nassau, etc. etc. etc.

All who shall hear or read this, greetings! We do hereby declare taking into consideration that it is desirable, in view of a stable development of Dutch maritime navigation, to adopt legal rules relating to the nationality of seagoing vessels under Dutch bareboat charter which are registered outside the Netherlands in a register of owners of seagoing vessels;

So it is that We, having heard the Council of State, and in joint agreement with the States General, have approved and understood, as We hereby approve and understand:

Chapter 01 Definitions

Definitions

Art 01

Article 1

In this Act the following terms shall have the following meanings:

  1. seagoing vessels: ships which according to their construction are solely or mainly intended for floating at sea, with the exception of:

    1. ° warships,

    2. ° lifeboats, and

    3. ° fishing vessels;

  2. bareboat charter: the agreement, where one party, the bareboat carrier, commits himself to place a seagoing vessel without crew for a certain period at the disposal of the other party, the bareboat  charterer, without keeping control over it, and the bareboat charterer operates the ship;

  3. Our Minister: Our Minister of Transport, Public Works and Water Management;

  4. being registered outside the Netherlands: being registered outside the Netherlands in a register similar to the public registers, as referred to in Section 2 of Title 1 of Book 3 of the Civil Code;

  5. notary public: a notary public domiciled in the Netherlands.

 

Chapter 02 The bareboat charter register

The bareboat charter register

Art 02

Article 2
  1. There is a public bareboat charter register which is kept by Our Minister.

  2. As regards any registered seagoing vessel, the bareboat charter register contains the following information:

    1. the name used by the ship;

    2. the name which has been registered for the ship outside the Netherlands;

    3. the gross and net tonnage of the ship according to the tonnage certificate issued by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management;

    4. the description of the ship, which has to contain the following data:

      1. ° the type and the design of the ship,

      2. ° the material of which the hull has been constructed,

      3. ° the other special characteristics of the ship,

      4. ° the unique ship’s identification number,

      5. ° the name and the location of the yard where the ship has been built,

      6. ° the year of construction and the construction number,

      7. ° the number of engines forming the propulsion system, and

      8. ° the type, the power, the manufacturer and the serial number of any engine;

    5. the name and the address of the office where the ship has been registered outside the Netherlands, stating the date and the number of the registration;

    6. the name and the address of the owner;

    7. the name and the address of the bareboat charterer;

    8. the date of the bareboat charter agreement and the period for which that agreement has been made.

  3. Upon request, Our Minister makes the bareboat charter register available for inspection free of charge, and he issues certified copies from it at cost price.

  4. The aim of the bareboat charter register is the correct implementation of the rules established by or pursuant to this Act.

Art 03

Article 3

A seagoing vessel registered outside the Netherlands may be registered in the bareboat charter register, provided the following requirements are met:

  1. the ship is given under bareboat charter to one or more:

    1. ° natural persons which have the nationality of a member state of the European Union, of another state which is party to the Agreement on the European Economic Area, of Switzerland, or which have the same rights as EU-citizens according to the law derived from the Community law;

    2. ° trading partnerships to which the law of a member state of the European Union, of one of the countries, islands or areas, as referred to in Article 299, second through fifth paragraphs and sixth paragraph, sub c, of the EC Treaty, of another state which is party to the Agreement on the European Economic Area, or of Switzerland applies;

    3. ° natural persons or trading partnerships as not referred to sub 1° respectively 2° which can claim the European right of freedom of establishment according to a treaty between the European Union and a third state;

  2. the bareboat charterer has a principal place of business or a branch in the Netherlands according to the Commercial Registers Act 2007;

  3. on behalf of the bareboat charterer, one or more natural persons which have an office in the Netherlands are responsible for the ship, the master and the other members of the crew, as well as for the related matters and they have the right to decide alone or together and are empowered to act as a representative;

  4. one or more of the natural persons as referred to sub c, or, in the event of absence, a deputy is continuously accessible and disposes of powers to be able to act immediately in situations where this is necessary;

  5. the owner and the bareboat carrier – if this is someone else than the owner – agree in writing with the acquisition of the capacity of Dutch ship;

  6. the bareboat charterer accepts the responsibility for the ship and its persons on board which results from the capacity of Dutch ship, and

  7. according to the legislation of the state where the ship is registered, there are no obstacles for obtaining the capacity of Dutch ship as regards entering into a bareboat charter agreement with a bareboat charterer established in the Netherlands.

Art 04

Article 4
  1. With the application for registration of a seagoing vessel in the bareboat charter register, the bareboat charterer provides the following data:

    1. a recent certified copy of the registration of the seagoing vessel outside the Netherlands;

    2. a recent copy of the registration in the register of companies of the location of the bareboat charterer in the Netherlands from where he will operate the ship;

    3. a certified copy of the present articles of association of the bareboat charterer if it is a legal person, or of the deed of entering into a trading partnership or a shipping company when the bareboat charterer is a trading partnership without legal personality or a shipping company, as well as a statement of a notary public regarding the names and addresses of the managers, respectively of the partners with joint and several liabilities and of the members of the bareboat charterer, or if the bareboat charter is a natural person, a notarial statement with the name, the address and the nationality of the bareboat charterer;

    4. a statement of the person or persons, as referred to in Article 3, first paragraph, sub c;

    5. a written statement in the Dutch or English language of the bareboat carrier and the bareboat charterer, that the former has committed himself to place the seagoing vessel described in this statement at the disposal of the latter for the period mentioned therein, without having any control over it, and that the latter will operate the ship;

    6. a written statement in the Dutch or English language of the owner of the seagoing vessel, as well as of the bareboat carrier – if he is someone else than the owner –, that they agree with granting the capacity of Dutch ship to the seagoing vessel involved;

    7. a written statement of the bareboat charterer which shows that he accepts the responsibility for the ship and its persons on board resulting from the capacity of Dutch ship;

    8. the tonnage certificate issued by the Inspector-General of the Inspectorate for Transport, Public Works and Water Management.

  2. Furthermore, the bareboat charterer proves to the satisfaction of Our Minister that the ship is not entitled to fly the flag of the state where the ship is registered outside the Netherlands, as long as the ship is registered in the Netherlands in the bareboat charter register.

  3. Our Minister may demand a statement regarding the authenticity of the copy mentioned in the first paragraph, sub a. He may also demand a translation of the copy by a sworn translator in the Dutch or English language.

  4. Our Minister may determine more detailed rules for the statements mentioned in the first paragraph, sub e, f and g. These statements have to be accompanied by a statement executed by a notary public on the identity and the power of representation of the persons who have signed them.

  5. Our Minister withholds the registration or allows it conditionally, if the acquisition of the capacity of Dutch ship is contrary to international obligations of the Kingdom, respectively would not be compatible without making conditions.

  6. Our Minister may attach conditions to the registration in order to guarantee the payment of claims from the labour contracts of the master and the other crew members, always during at least one year.

Art 05

 Article 5
  1. By registration into the bareboat charter register a seagoing vessel, registered outside the Netherlands, obtains the capacity of Dutch ship.

  2. The seagoing vessel loses the capacity of Dutch ship as from the date of the cancellation of the registration in the bareboat charter register.

Art 06

 Article 6

Our Minister immediately informs the representative organisations of shipowners and seafarers, as well as the competent authority of the office where the ship is registered outside the Netherlands, of any registration of a seagoing vessel in the bareboat charter register, and of any change in or addition to registered data.

Art 07

 Article 7

The bareboat charterer immediately informs Our Minister in writing of changes in data regarding the bareboat charter agreement, of entering into any more detailed agreement, as well as of all changes in the  circumstances, which may be of importance in connection with the registration or the cancellation of the registration of a seagoing vessel in the bareboat charter register.

Art 08

Article 8
  1. Our Minister cancels the registration of a seagoing vessel in the bareboat charter register:

    1. at the end of the bareboat charter agreement;

    2. upon request of the bareboat charterer;

    3. if it appears from information submitted by the bareboat charterer according to the provision in Article 7 that the requirements mentioned in Article 3 are no longer complied with;

    4. if Our Minister finds that one or more of the submitted data as referred to in Article 4 were incomplete or incorrect such that, as this was known at the time of the assessment of the request of registration, the request would have been dismissed;

    5. if Our Minister finds facts or circumstances, which have happened respectively have occurred after the time of submission of the application, which are such that the requirements mentioned in Article 3 are no longer complied with;

    6. if Our Minister finds that the bareboat charterer has entered into agreements which result in the control, respectively the responsibility of the bareboat charterer being substantially affected;

    7. if the capacity of Dutch ship is no longer compatible with international obligations of the Kingdom and the incompatibility cannot be terminated by making conditions.

  2. Our Minister may cancel the registration of a seagoing vessel in the bareboat charter register:

    1. because of offence against Article 3, second paragraph, of the Certificate of Registration Act (Stb. 1963, 229);

    2. if one of the facts occurs, mentioned in Article 8, fourth paragraph, of the Certificate of Registration Act;

    3. if the ship is used for the carriage of drugs within the meaning of the Opium Act (Stb. 1928, 167);

    4. if the ship is used in such a manner that as a consequence of this the relations of the Kingdom with one or more states are seriously harmed;

    5. if conditions made by Our Minister under Article 4, fifth or sixth paragraph, are not observed.

  3. Our Minister immediately informs the representative organisations of shipowners and seafarers, as well as the competent authority of the office where the ship is registered outside the Netherlands, of any order to cancel the registration of a seagoing vessel in the bareboat charter register.

Chapter 03 Special provisions

Special provisions

Art 09

Article 9
  1. The second paragraph of Article 4 is not applicable to seagoing vessels registered in the public register, mentioned in the Commercial Code of the Netherlands Antilles, respectively Aruba.

  2. The Keeper of the Ships Register in the Netherlands Antilles, respectively the Keeper of the Ships Register in Aruba is immediately informed of a registration in the bareboat charter register, of any change in or addition to registered data, as well as of a cancellation of the registration of a seagoing vessel registered in the Netherlands Antilles or Aruba.

Art 10

Article 10

As regards any registration as well as any change in the registration of a seagoing vessel in the bareboat charter register, the bareboat charterer owes an allowance to cover the costs made by the State. The extent of the allowance and the manner of recovery is determined by Our Minister.

Art 10a

Article 10a
  1. The officials assigned by Decree of Our Minister of Transport, Public Works and Water Management are engaged in the compliance
    monitoring of the Articles 3 and 8.

  2. A Decree as referred to in the first paragraph is declared by publication in the Government Gazette.

  3. The supervisors do not have the powers, mentioned in the Articles 5:15 and 5:17 through 5:20 of the General Administrative Law Act.

Art 11

Article 11

An interested party may lodge an appeal with the Trade and Industry Appeals Tribunal against a decision taken on the basis of this Act.

Art 12

Article 12

Five years after this Act has come into force, Our Minister reports the States General of the manner in which it has been implemented.

Chapter 04 Transitory and final provisions

Transitory and final provisions

Art. 13

Article 13

[Contains amendments to other regulations.]

Art. 14

Article 14

[Contains amendments to other regulations.]

Art. 15

Article 15

[Contains amendments to other regulations.]

Art. 16

Article 16

[Contains amendments to other regulations.]

Art. 17

Article 17

[Contains amendments to other regulations.]

Art. 18

Article 18

[Contains amendments to other regulations.]

Art. 19

Article 19

[Contains amendments to other regulations.]

Art. 20

Article 20
  1. This Act enters into force as from the second day after the date of publication of the Bulletin of Acts, Orders and Degrees in which it is published.

  2. The text of the Certificate of Registration Act is published in the Bulletin of Acts, Orders and Degrees by Our Minister of Justice.

Art. 21

Article 21

This Act may be quoted as: Seagoing Vessels under Bareboat Charter (Nationality) Act.

Order and command that this will be published in the Bulletin of Acts, Orders and Decrees and that all ministerial offices, authorities, boards and officials, to whom this may concern, will look after the accurate implementation.

Given in The Hague, 8 October 1992

Beatrix

The Minister of Transport, Public Works and Water Management,

J. R. H. Maij-Weggen

Published the twentiest October 1992

The Minister of Justice
E. M. H. Hirsch Ballin

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