Prevention of Pollution from Ships Act (English, uncontrolled version)

Prevention of Pollution from Ships Act

Act of 14 December 1983, BAD 683, containing rules for the prevention of pollution from ships, as most recently amended by Act of 23 December 2010, BAD 882

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

All who shall hear or read this, greetings! We do hereby declare taking into consideration that it is desirable, for the completion of the execution of the International Convention for the Prevention of Pollution from Ships with Protocols and Annexes with Appendices (Trb. 1975, 147 and 1978, 187) established on 2 November 1973 in London, as amended and completed with the Protocol belonging to that Convention with Annex and Appendices established on 17 February 1978 in London (Trb. 1978, 188), to lay down regulations in order to be able to implement the provisions of this Convention and Protocol for the Netherlands;

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 1 Definitions

Chapter 1 - Definitions

Article 1

In this Act and the provisions based upon it the following terms shall have the following meanings:

1. Our Minister: Our Minister of Transport, Public Works and Water Management;
   
   
2. Inspector General: Inspector General of the Inspectorate for Transport, Public Works and Water Management;
   
   
3. the officials of the Inspectorate Transport, Public Works and Water Management: the official of the Inspectorate Transport, Public Works and Water Management appointed by Our Minister;
   
   
4. Convention: the International Convention for the Prevention of Pollution from Ships established on 2 November 1973 in London, with Protocols and Annexes with Appendices (Trb. 1975, 147), and with the Protocol belonging to that Convention with Annex and Appendices established on 17 February 1978 in London (Trb. 1978, 188);
   
   
5. UN Convention on the Law of the Sea: the United Nations Convention on the Law of the Sea established on 10 December 1982 in Montego-Bay (Trb. 1983, 83);
   
   
6. SOLAS Convention: the International Convention for the Safety of Life at Sea, established on 1 November 1974 in London regarding the safety of life at sea (Trb. 1976, 157) and the binding protocols, appendices and annexes related thereto;
   
   
7. Guideline Port Reception Facilities: the guideline designated by regulation of Our Minister;
   
   
8. harmful substance: a substance which, when fallen into the sea, can impose danger to the health of mankind, can cause damage to the marine environment, can harm the recreation potential of the sea or can interfere with any other legitimate use of the sea and which has been designated by or pursuant to Order in Council;
   
   
9. ship: any vessel, irrespective of type, which is used at sea including hydrofoils, hovercrafts, submersibles and floating material, as well as installations as long as they are floating, except when the ship as referred to above has been positioned above the seabed for conducting an investigation into the presence of minerals or for winning them;
   
   
10. Dutch ship: a ship which pursuant to Dutch legal rules is entitled to fly the flag of the Kingdom;
    
    
11. foreign ship: a ship, not being a Dutch ship and a ship as referred to in Article 2 of the Vessels Act 1930 BES;
    
    
12. pleasure craft: ship, intended or used for sports or leisure activities, irrespective of type and manner of propulsion;
    
    
13. fishing vessel: ship, equipped or for commercial purposes used for catching fish or other living resources of the sea;
    
    
14. ship-generated waste: waste, including residues, not being cargo residues, and sanitary waste, generated during the operational management of a ship and covered by the scope of the Annexes I, IV and V of the Convention, as well as cargo-related waste, being all material which remains as waste on board when stowing and processing cargo, including stowage material, shoring, skids, packing material, wooden plates, paper, cardboard, wire and steel strips;
    
    
15. cargo residues: the remainders of cargo in holds or tanks on board which remain after discharging and cleaning, including remainders after loading or unloading and spillage;
    
    
16. discharge: any release of harmful substances from a ship, irrespective of its cause, including escaping, jettisoning, flowing off, spilling, pumping or depleting;
    
    
17. incident: an event which actively leads to or probably will lead to discharging in sea;
    
    
18. port: a roadstead, jetty or landing and in general any location, whether or not at sea, where ships can moor or where persons on board and means can be embarked or disembarked;
    
    
19. operator: the owner, bareboat charterer or anyone else who has control over the use of a ship;
    
    
20. master: the commander or skipper of a ship or the person who replaces him;
    
    
21. port reception facility: the facility, as referred to in Article 6, first paragraph, first sentence;
    
    
22. port authority: the authority, as referred to in Article 6, first paragraph, first sentence;
    
    
23. port waste plan: the plan, as referred to in Article 6, third paragraph, first sentence;
    
    
24. directive monitoring and information system maritime navigation: the directive on community monitoring and information systems for maritime navigation assigned by Regulation of Our Minister.

Chapter 2 Scope

Chapter 2 - Scope

Article 2

1. This Act is applicable to Dutch and, in the cases determined by or pursuant to this Act, foreign ships and ships as referred to in Article 2 of the Vessels Act 1930 BES.
   
   
2. The rules laid down under this Act can also be declared applicable by or pursuant to Order in Council to ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 3

This Act is not applicable to:

1. warships, naval auxiliary ships and other ships being used for the execution of the military task, irrespective of their nationality;
   
   
2. ships owned or operated by a foreign state, not being ships as referred to in sub-paragraph a, during the time they are solely used for other purposes than commercial ones.

Article 4

By Order in Council, categories of ships can completely or partly be excepted from application of one or more regulations and requirements given pursuant to this Act.

Chapter 3 General provisions

Chapter 3 - General provisions

§ 1 Prohibition of discharge and arrangements

§ 1 - Prohibition of discharge and arrangements

Article 5

1. By or pursuant to Order in Council, regulations are laid down for the protection and conservation of the environment with regard to:
   
   
   1. prohibited discharges of harmful substances in sea from ships;
      
      
   2. other prohibited acts from or on board of ships.
      
      
2. The regulations to be given by or pursuant to the Order in Council as referred to in the first paragraph may among others vary insofar as these regulations refer to various categories of ships, sea areas to be sailed, voyages to be made or harmful substances to be carried.
   
   
3. The regulations laid down pursuant to the first paragraph are also applicable to foreign ships:
   
   
   

1. in the Dutch territorial sea or, insofar as the prohibition as referred to in that paragraph relates to the provisions of the Convention or insofar as Article 220 of the United Nations Convention of the Law of the Sea is applied by that prohibition, in the Dutch exclusive economic zone;
   
   
2. in the territorial sea or the exclusive economic zone of a foreign state or on the high seas, insofar as the prohibition as referred to in that paragraph relates to the provisions of the Convention or insofar as Article 218 of the United Nations Convention of the Law of the Sea is applied by that prohibition.
   
   

• By or pursuant to Order in Council the regulations laid down pursuant to the first paragraph, sub-paragraph b, may also be declared applicable to foreign ships during the time when they are on the Dutch inland waterways.

Article 6

1. The authority of a port designated by or pursuant to Order in Council takes care of an adequate arrangement, suitable for the reception of:
   
   
   1. ship-generated waste and other harmful substances or residues of harmful substances, originating from ships which usually call in at the relevant port;
      
      
   2. substances designated by or pursuant to Order in Council or equipment which contains these substances and which are removed from ships;
      
      
   3. substances designated by or pursuant to Order in Council, originating from ships.
      A port reception facility is such that it causes no unnecessary delay for ships which are using it. By or pursuant to Order in Council, more detailed requirements can be laid down regarding port reception facilities.
      
      
2. The delivery of ship-generated waste and the substances as referred to in the first paragraph, sub-paragraphs a and c, and the substances and equipment containing these substances as referred to in the first paragraph, sub-paragraph b with a proprietor of a port reception facility only takes place in the manner determined by or pursuant to Order in Council as regards the ship-generated waste or the relevant substance or the equipment containing the relevant substance.
   
   
3. The port authority determines, after consultation with the parties involved, in particular the port users, for a period of not more than three years, an appropriate plan for reception and processing of ship-generated waste and the other substances as referred to in the first paragraph, sub-paragraph a. By or pursuant to Order in Council more detailed regulations are laid down as regards the content, the manner of determination, the presentation to the governing body entrusted with the approval and the proclamation of the port waste plan.
   
   
4. Two or more port authorities can jointly determine a port waste plan as referred to in the third paragraph, provided that the need for and the availability of port reception facilities are stated in it for each port separately, without prejudice to the provisions of and pursuant to the third paragraph.
   
   
5. The port waste plan needs approval of Our Minister. By Order in Council may be determined that the plan is approved or not by another governing body designated by that Order.
   
   
6. The port authority keeps a register of the amounts of ship-generated waste and other substances delivered in his port as referred to in the first paragraph, sub-paragraph a. He keeps the registered data during five years upon receipt of the data and he issues data from this register, or information regarding these data, to Our Minister upon his request.
   
   
7. If requested, the proprietor of a port reception facility provides the port authority with all information with regard to the amounts of ship-generated waste and other substances as referred to in the first paragraph, sub-paragraph a, which have been delivered in the relevant port.
   
   
8. By regulation of Our Minister regulations are laid down regarding the nature, the registration and the provision of the data and the information as referred to in the sixth and seventh paragraphs.
   
   
9. The port authority, in implementation of the obligation laid down in the first paragraph, is entitled to force those who operate a particular unloading or loading quay or ships repairing yard in his port, to take care of an adequate port reception facility, suitable for the reception of ship-generated waste and other substances as referred to in the first paragraph, sub-paragraphs a and c, and substances and equipment containing these substances as referred to in the first paragraph, sub-paragraph b, of ships which use that unloading or loading quay or ships repairing yard.
   
   
10. This Article is also applicable to foreign ships.

Article 6a

1. The port authority charges the operator of a ship which calls in at his port, at any call of that ship, a contribution to the costs of the reception, storage and processing of ship-generated waste in that port.
   
   
2. The level of the contribution is determined by the port authority. He does this in such a way that the sum of the annually charged contribution is at least equal to the percentage of the total annual costs of the reception, storage and processing of ship-generated waste in the relevant port, which is to be determined by Regulation of Our Minister. The port authority announces the contributions as well as its basis in the port waste plan. By or pursuant to Order in Council regulations can be laid down regarding the level of the contribution of ships which as a result of their environmental protection system, the design, the equipment or their operation produce evidently less ship-generated waste.
   
   
3. Payment of the contribution entitles the master of the ship to the nontransferable right during the stay of the ship in the relevant port to deliver ship-generated waste with a proprietor of a port reception facility without owing a separate contribution for that. The port authority may determine the amount, the properties and the manner of delivery of the relevant ship-generated waste, if the percentage determined pursuant to the second paragraph is less than 100%.
   
   
4. The port authority enters into an agreement with the relevant proprietor of a port reception facility as regards the ship-generated waste to be delivered in accordance with the third paragraph.
   
   
5. The port authority does not pay the costs with regard to the processing of the ship-generated waste before receipt of a declaration of processing. By Order in Council more detailed regulations may be laid down with regard to this verification.
   
   
6. The operator of a ship pays the proprietor of the port reception facility the costs of the reception, storage and processing of the shipgenerated waste, harmful substances or residues of harmful substances delivered by the master of the ship with the proprietor, insofar as it does not concern ship-generated waste delivered pursuant to the third paragraph.
   
   
7. Contrary to the first paragraph, by or pursuant to Order in Council regulations may be laid down regarding pleasure craft, which may carry not more than 12 passengers, or fishing vessels, where the operator of a ship owes the authority or authorities of one or more of the ports as referred to in Article 6, first clause, a periodic contribution, irrespective of the number of times that the ship calls in at one or more of those ports.
   
   
8. This Article is also applicable to foreign ships.

Article 6b

By or pursuant to Order in Council regulations are laid down regarding the reception and the processing of complaints about alleged inadequacy of port reception facilities. By or pursuant to Order in Council tasks may be assigned to the port authority and to the Inspector-General.

§ 2 Provisions for ships

§ 2 - Provisions for ships

Article 10

1. By or pursuant to Order in Council regulations are laid down for the protection and conservation of the environment regarding:
   
   
   1. the transport of harmful substances and other substances for which regulations have been laid down pursuant to Article 5, first paragraph;
      
      
   2. the obligations of the master on board of ships.
      
      
2. The provisions as referred to in the first paragraph may among others vary insofar as they regard various categories of ships, sea areas to be sailed, voyages to be made or harmful substances to be carried.
   
   
3. In implementation of a decision of one or more of the institutions of the European Union alone or jointly, the regulations laid down pursuant to the first paragraph may also be declared applicable to foreign ships in European waters within Dutch competence by Ministerial Regulation.

Article 10a

If necessary for the correct application of a direct Order of one or more of the institutions alone or jointly of the European Union which is binding in all its elements with regard to the prevention of pollution from ships, regulations may be laid down by Ministerial Regulation regarding:

1. the appointment of an institution entrusted with the implementation of the relevant Order;
   
   
2. the performance of surveys for obtaining a certificate or document or during its period of validity, as well as the content of these surveys and the manner in which they have to be performed or of other activities for the benefit of a ship;
   
   
3. the issue of certificates or documents, as well as duplicates or certified copies of those documents, including procedures for the issue of those certificates or documents;
   
   
4. the requirements which are applicable after a ship has been subjected to a survey or has obtained a certificate.

Article 7

1. By or pursuant to Order in Council requirements are laid down which have to be complied with by a ship for the protection and conservation of the environment.
   
   
2. The requirements as referred to in the first paragraph may among others vary insofar as they regard various categories of ships, sea areas to be sailed, voyages to me made or harmful substances to be carried.
   
   
3. By or pursuant to Order in Council regulations may be laid down regarding the conditions for permission of equipment on board of ships, the use of that equipment and the documents by which they are accompanied in cases to be determined by or pursuant to that Order.
   
   
4. In implementation of an Order of one or more institutions of the European Union alone or jointly, the regulations laid down pursuant to the first paragraph may also be declared applicable by Ministerial Regulation to foreign ships in European waters within Dutch competence.

Article 8

1. Our Minister issues a certificate for a ship, belonging to a category of ships to be appointed by or pursuant to Order in Council, if it appears after a survey that the ship complies with the requirements pursuant to Article. In special cases, Our Minister may request the competent authority of a state that is party to the Convention or another Convention assigned by or pursuant to Order in Council for the implementation of which regulations are laid down pursuant to this Act, to issue a certificate.
   
   
2. By or pursuant to Order in Council regulations are laid down regarding:
   
   
   1. the surveys to which ships are subjected in order to obtain a certificate or during its period of validity, as well as the content of those surveys and the manner in which they are performed;
      
      
   2. the validity of the certificate and the extension of its period of validity.
      
      
3. The officials of the Inspectorate Transport, Public Works and Water Management have been entrusted with the performance of surveys as referred to in the second paragraph, item a. These surveys can also be performed entirely of partly by natural persons or legal persons assigned to that end by Our Minister or in special cases, on demand of Our Minister, by the competent authority of a state that is party to the Convention or another Convention assigned by or pursuant to Order in Council for the implementation of which regulations are laid down pursuant to this Act.
   
   
4. Requirements may be attached to an appointment as referred to in the third paragraph.
   
   
5. By Ministerial Regulation regulations may be laid down as regards the data to be supplied and the documents and models of certificates to be submitted with the application for a certificate, as well as more detailed regulations as regards the appointment of natural persons or legal persons pursuant to the third paragraph.
   
   
6. This Article is also applicable to ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 8a

On demand of the competent authority of a state that is party to the Convention or another Convention assigned by or pursuant to Order in Council for the implementation of which regulations are laid down pursuant to this Act, Our Minister may issue a certificate to a foreign ship or may subject that ship to a survey required for obtaining a certificate.

Article 8b

1. In implementation of a decision of one or more institutions of the European Union alone or jointly regarding foreign ships, it may be determined by Ministerial Regulation that compliance with Article 7, fourth paragraph, is proven by:
   
   
   1. a certificate or document issued by or on behalf of the competent authorities of the State whose flag the ship is entitled to fly, or by or on behalf of other foreign authorities;
      
      
   2. a certificate or document to be issued by Our Minister.
      
      
2. In implementation of an Order of one or more institutions of the European Union alone or jointly, regulations may be laid down by Ministerial Regulation regarding:
   
   
   1. surveys to which foreign ships are subjected in order to obtain a certificate or document or during its period of validity, as well as the content of these surveys and the manner in which they have to be performed;
      
      
   2. the application for obtaining a certificate or document as referred to in the first paragraph, sub-paragraph b, and the documents to be submitted therewith;
      
      
   3. the validity of the certificate or document and the extension of its period of validity.
      
      
3. The performance of surveys as referred to in the second paragraph, item a, rests with the officials of the Inspectorate Transport, Public Works and Water Management.

Article 9

1. A certificate expires, if:
   
   
   1. the ship no longer belongs to the category of ships to which such a certificate is issued;
      
      
   2. the ship is rebuilt or substantial alterations are made in the design or the equipment of the ship;
      
      
   3. the ship becomes a foreign ship;
      
      
   4. the period during which the certificate is valid, has expired;
      
      
   5. the surveys which are mandatory during the period of validity of the certificate did not take place or did not take place in time, except in special cases described by Order in Council;
      
      
   6. the ship changes its name or gets another letter sign or number, in which case a new certificate is issued on demand for the not yet expired part of the period for which the expired certificate would have been valid.
      
      
2. By Order in Council may be determined that certificates in cases to be determined by that Order also expire, when the ship is withdrawn from its original purpose.
   
   
3. Our Minister may withdraw a certificate, when it appears that the construction, the design or the equipment of the ship substantially deviates from the data of the certificate.
   
   
4. The operator sends an expired or withdrawn certificate as soon as possible to Our Minister.
   
   
5. This Article is also applicable to ships as referred to in Article 2 of the Vessels Act 1930 BES.

§ 3 Obligations of the master

§ 3 - Obligations of the master

Article 11

1. By or pursuant to Order in Council regulations are laid down regarding the duty of care of the master of a category of ship appointed by or pursuant to that Order as regards keeping a logbook on board in which acts regarding the transport of harmful substances and acts as referred to in Article 5, first paragraph, are recorded, and the rules to be observed as regards among others the data which have to be mentioned, the manner of mention, as well as the site where and the period during which the logbook has to be kept.
   
   
2. The master of a ship on board of which a logbook has to be kept is obliged to grant the competent authorities on their demand inspection of the logbook and has to allow them to make a certified copy of each note made in the logbook. If requested, the master has to certify the copy as being a true one.
   
   
3. Any thus produced and certified copy of a note in the logbook will be allowed as evidence of the facts, mentioned in the note, in a judicial procedure in the Netherlands.
   
   
4. The rules laid down pursuant to the first paragraph can also be declared applicable by or pursuant to Order in Council to ships as referred to in Article 2 of the Vessels Act 1930 BES and to foreign ships during the time they are in a Dutch port.
   
   
5. The provision in the second paragraph is equally binding to ships as referred to in Article 2 of the Vessels Act 1930 BES and to foreign ships in a Dutch port.

Article 12

1. The master of a ship which is involved in an incident, or in case of an event where dangerous goods as referred to in Chapter VII of the SOLAS Convention or other substances to be appointed by Ministerial Regulation may be released, reports that incident or that event immediately to the competent authority of the nearest coastal state.
   
   
2. The master of a ship with a gross tonnage of 300 or more as referred to in the Certificates of Tonnage Act 1981, that is in the Dutch territorial sea or the Dutch exclusive economic zone, immediately reports:
   
   
   1. any incident or accident, as referred to in Article 17, first paragraph, items a and b, of the directive monitoring and information system maritime navigation;
      
      
   2. any situation that may lead to pollution of the waters as referred to in the preamble and the Dutch coast;
      
      
   3. any spot of harmful substances covered by the scope of the Annexes I, II and III to the Convention, containers floating in the sea or general cargoes that are observed, unless it is a ship as referred to in Article 2, second paragraph, item b, of the directive monitoring and information system maritime navigation.
      
      
3. The obligation, as referred to in the second paragraph, sub-paragraph b, does not apply when that situation has already been reported to the competent Dutch authority on the basis of the first paragraph.
   
   
4. If requested, the operator, the master and the owner of dangerous or harmful substances on board, render full assistance to the institution assigned by Our Minister, to restrict the consequences of an incident or accident as referred to in the second paragraph, item a, as much as possible and give the information on the transport of dangerous or pollutant substances, mentioned in Article 12, first paragraph, of the directive monitoring and information system maritime navigation.
   
   
5. The obligation, as referred to in the first paragraph, does not apply if it is solely a discharge in sea which is in accordance with the regulations which allow discharges in sea by or pursuant to Order in Council, as referred to in Article 5, first paragraph, unless it is a discharge which results from damage to the ship or to the equipment or which is necessary to guarantee the safety of the ship or to save life at sea.
   
   
6. The master immediately meets the requests of the competent authority to give information about incidents or events as referred to in the first paragraph.
   
   
7. When the ship has been abandoned or when the report as referred to in the first paragraph or the information as referred to in the sixth paragraph is incomplete or not available, the operator of the ship has a similar obligation as referred to in the first and sixths paragraphs.
   
   
8. By Ministerial Regulation regulations are laid down regarding the content of the report, as referred to in the first and second paragraphs, and the information, as referred to in the sixth paragraph, as well as regarding the competent authority to which and the manner in which has to be reported in the Netherlands.
   
   
9. The first, fifth, sixth, seventh and eighth paragraphs are applicable to ships as referred to in Article 2 of the Vessels Act 1930 BES and, if the incident or the event takes place in the Dutch territorial sea or the Dutch exclusive economic zone, to foreign ships.
   
   
10. The second, third, fourth and eighth paragraphs are also applicable to foreign ships which are in a Dutch port.

Article 12a

1. The master of a ship which is on its way to a port which has been appointed pursuant to Article 6, first paragraph, truthfully gives the port authority at least 24 hours before arrival the data to be appointed by regulation of Our Minister in the interest of the efficiency of port reception facilities and the effective planning of the waste management. By this regulation, more detailed regulations are laid down as regards the manner of data supply.
   
   
2. Insofar as the destination is not known at least 24 hours before arrival, the master of that ships supplies the data as referred to in the first paragraph as soon as the destination is known, but not later than at departure from the previous port, if the voyage takes less than 24 hours.
   
   
3. The master keeps the data as referred to in the first paragraph on board, in any case until the next port of call and makes them, if requested, available for inspection by the competent authorities of the member state of the European Union, in which the next port of call is situated.
   
   
4. The master of a ship which is on its way from a port of a member state of the European Union to a port which has been designated pursuant to Article 6, first paragraph, keeps that data on board which in implementation of the Guideline Port Reception Facilities, have been reported, whether or not by the agency of the proprietor of a port reception facility, to the competent authority appointed to that end and makes them, if requested, available for inspection by Our Minister. Anyhow, the master keeps these data on board until the first port of call outside the Netherlands.
   
   
5. The port authority keeps the data given to him. Article 6, sixth paragraph, is equally binding. The port authority immediately informs Our Minister about the cases in which a master of a ship gives no data upon a request to that end.
   
   
6. The first, second, fourth and fifth paragraphs are also applicable to foreign ships.
   
   
7. This Article is not applicable to pleasure craft by which not more than 12 passengers may be carried and to fishing vessels.

Article 12b

1. The master of a ship which calls in at a port which has been designated pursuant to Article 6, first paragraph, delivers all shipgenerated waste with a port reception facility before departure of the ship.
   
   
2. Contrary to the first paragraph, the master may give up delivery, if it also appears from the data reported on the basis of Article 12a, first or second paragraph, that:
   
   

1. in the next port of call a sufficient port reception facility suitable for the reception of all ship-generated waste is available, and,
   
   
2. there is sufficient separate storage capacity available on board of the ship for all ship-generated waste which is already on board and which will be generated during the intended voyage of the ship to this port.
   
   

• This Article is also applicable to foreign ships.

Article 12c

1. The master of a ship which calls in at a port which has been designated pursuant to Article 6, first paragraph, delivers the harmful substances to be designated by or pursuant to Order in Council or residues of harmful substances with a port reception facility.
   
   
2. This Article is also applicable to foreign ships and ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 12d

1. The master of a ship which calls in at a port where mainly opportunities are provided for berthing, mooring or keeping moored of seagoing pleasure craft and which has not been designated pursuant to Article 6, first paragraph, delivers all ship-generated waste with the suitable facility before departure of the ship.
   
   
2. Contrary to the first paragraph, the master may give up delivery, if there is sufficient separate storage capacity on board of the ship available for all ship-generated waste which is already on board and which will be generated during the intended voyage of the ship.
   
   
3. This Article is also applicable to foreign ships and ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 12e

1. The master of a ship which calls in at a port which has been designated pursuant to Article 6, first paragraph, delivers:
   
   
   1. substances to be designated pursuant to Order in Council or equipment containing these substances with a port reception facility when they are removed from the ship;
      
      
   2. substances designated by or pursuant to Order in Council, in cases to be indicated by that Order, with a port reception facility.
      
      
2. The first paragraph is equally binding to the master of a ship which calls in at a port where mainly opportunities are provided for berthing, mooring or keeping moored of seagoing pleasure craft and which has not been designated pursuant to Article 6, provided that the delivery in such a port takes place with the appropriate arrangement.
   
   
3. This Article is also applicable to foreign ships and ships as referred to in Article 2 of the Vessels Act 1930 BES.

§ 4 Leaving a port

§ 4 - Leaving a port

Article 13

1. It is prohibited to leave a port with a ship, as referred to in Article 8, first paragraph, when the ship has not been provided with a valid certificate.
   
   
2. It is prohibited to leave a port with a foreign ship as referred to in Article 8b when the ship has not been provided with a valid certificate or a document as referred to in Article 8b, first or second paragraph.
   
   
3. It is prohibited to leave a port with a ship or a foreign ship when that ship has not been provided with all valid certificates or documents required under an Order of one or more of the institutions of the European Union alone or jointly, which is directly mandatory in all its components and designated by Ministerial Regulation.

Article 13a

1. Before harmful substances, or dangerous goods as referred to in Chapter VII of the SOLAS Convention, are offered to a ship for carriage or are taken on board of a ship, the person who offers these substances to the master, the operator or the agent of the ship supplies a declaration with the information, mentioned in Article 12, first paragraph, of the directive monitoring and information system maritime navigation.
   
   
2. The person who offers those harmful substances, or dangerous goods as referred to in the first paragraph, to the master, the operator or the agent for carriage by ship, is obliged to see to it that the substances offered for carriage truly are those which have been indicated in accordance with the first paragraph.
   
   
3. If the data as referred to in the first paragraph have been supplied to the master, he is obliged to see to it that these data are also available with the operator or the agent ashore before departure of the ship from the port.
   
   
4. If the data as referred to in the first paragraph have been supplied to the operator or the agent, this person is obliged to see to it that these data are also available with the master on board before departure of the ship from the port.
   
   
5. The obligations, laid down by this Article, are also applicable to foreign ships in a Dutch port.

Chapter 4 Supervision and arrest

Chapter 4 - Supervision and arrest

§ 1 Supervision

§ 1 - Supervision

Article 14

1. The supervision over the observance of the provisions of or pursuant to this Act has been entrusted with the officials of the Inspectorate Transport, Public Works and Water Management. As regards Dutch ships and ships as referred to in Article 2 of the Vessels Act 1930 BES the perform their duties anywhere in the world.
   
   
2. Officials of other departments appointed for certain tasks by Decree of Our Minister are also entrusted with the supervision of the observance, as referred to in the first paragraph. If these officials come under another Ministry than that of Our Minister, the relevant decision is taken by Our Minister and the Minister of the other Ministry together.
   
   
3. A decision as referred to in the second paragraph is announced by publication in the Government Gazette.
   
   
4. By Ministerial Regulation rules are laid down regarding the manner in which the officials as referred to in this Article perform their

Article 15

The supervisor is entitled, while taking along the necessary equipment, to enter accommodation of ships without permission of the occupant.

Article 16

The supervisor and the Inspector, as referred to in Article 1:3, first paragraph, item c, of the General Customs Act, observe during the supervision respectively the customs control over compliance with Article 5, third paragraph, the Articles 228 and 220 and section 7 of Part XII of the UN Convention on the Law of the Sea.

Article 17 Cancelled

Article 17 is cancelled

Article 18

1. By Regulation of Our Minister, the number of ships to be annually inspected for observance of the Articles 12b and 12c is established by the officials of the Inspectorate Transport, Public Works and Water Management.
   
   
2. During the determination of the number of ships as referred to in the first paragraph, pleasure craft by which not more than 12 passengers may be carried and fishing vessels remain out of consideration.

Article 19 Cancelled

Article 19 is cancelled

§ 2 Arrest

§ 2 - Arrest

Article 20

1. An official of the Inspectorate Transport, Public Works and Water Management is entitled to arrest a ship:
   
   
   1. if the ship has not been provided with all valid certificates or documents required pursuant to Article 13, first or third paragraph;
      
      
   2. if the official ascertains that the ship does not comply with the requirements for obtaining those certificates;
      
      
   3. if the ship has been constructed, designed or equipped such that it imposes a danger to the environment;
      
      
   4. if the rules laid down under Article 10, first paragraph are not met on board of the ship;
      
      
   5. if he has sound reasons to assume that the master acts or will act contrary to Article 12b, 12c, 12d or 12e;
      
      
   6. if it has been reported by the competent authorities of the state involved with regard to the ship that it probably has sailed from there, without having complied with the rules laid down by that state in implementation of the Articles 7 and 10 of the Guideline Port Reception Facilities;
      
      
   7. if the ship has not been provided with all valid certificates or documents which are required under an Order of one or more of the institutions of the European Union alone or jointly with regard to the prevention of pollution from ships which is directly mandatory in all its components and designated by Ministerial Regulation;
      
      
   8. in cases to be determined by Ministerial Regulation and insofar as it concerns a foreign ship which is in a Dutch port: because it does not comply with the regulations pursuant to the Articles 7, fourth paragraph, 8b, first or second paragraph under a, or 10, third paragraph;
      
      
   9. if the official is obstructed in the performance of his duty.
      
      
2. The first paragraph, sub-paragraphs e, f, g and i, is equally binding to a foreign ship which is in a Dutch port.
   
   
3. This Article is also applicable to ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 21

An official of the Inspectorate Transport, Public Works and Water Management is entitled to arrest a foreign ship that is in a Dutch port an that flies the flag of a state that is party to the Convention or another Convention to be assigned by or pursuant to Order in Council, for the implementation of which regulations are laid down pursuant to this Act, if a request to that end is made by the competent authorities of the flag state of this ship due to an offence of the legal rules that have been laid down by that state in implementation of the appropriate Convention.

Article 21a

Section 5.3.1 of the General Administrative Law Act is not applicable to the competence as referred to in the Articles 20 and 21.

Article 22

1. Contrary to Article 3:41, first paragraph, of the General Administrative Law Act the announcement of a decision to arrest takes place by presentation of this decision to the master.
   
   
2. If presentation to the master is not possible, the announcement of a decision to arrest takes place by presentation of this decision to the person who in the opinion of the official of the Inspectorate Transport, Public Works and Water Management first takes action, followed as soon as possible by notification of the decision to the master.
   
   
3. The official of the Inspectorate Transport, Public Works and Water Management immediately informs the port authority and the services that in his opinion qualify for that of the arrest and of the circumstances that have led to the arrest.

Article 23

1. The master of an arrested ship is obliged to moor his ship after the arrest at the location to be assigned by an official of the Inspectorate Transport, Public Works and Water Management in accordance with the port authority.
   
   
2. As long as the arrest continues, the master is not allowed to move the ship without previous permission of an official of the Inspectorate Transport, Public Works and Water Management.
   
   
3. Without this permission, all officials involved refuse their assistance during movement and clearance of the ship.
   
   
4. If a ship has been arrested in a foreign port by a competent authority under the provisions of the Convention or another Convention appointed by or pursuant to Order in Council, in implementation of which regulations are laid down under this Act, the master is not allowed to leave the port with that ship.
   
   
5. The first, second and third paragraphs are equally binding to a foreign ship which is in a Dutch port.
   
   
6. This Article is equally binding to ships as referred to in Article 2 of the Vessels Act 1930 BES.

Article 24

In implementation and enforcement of the arrest, the officials of the Inspectorate Transport, Public Works and Water Management are entitled to take the necessary measures and to give the necessary instructions.

Article 25

1. As soon as there is no reason to continue the arrest any longer, the official of the Inspectorate Transport, Public Works and Water Management terminates the arrest.
   
   
2. Article 22 is equally binding to the raising of an arrest.

Article 26

The Articles 22, 24 and 25 are equally binding to a foreign ship in a Dutch port, provided that the consul or the diplomatic officer and, in his absence, the government of the State whose flag the ship flies, is immediately informed.

Chapter 5 Further provisions

Chapter 5 - Further provisions

§ 1 Appeal

§ 1 - Appeal

Article 27

1. Any person concerned may lodge an appeal with Our Minister against decisions of an official as referred to in Article 14.
   
   
2. Article 6:5, third paragraph, of the General Administrative Law Act is not applicable to letters of appeal in the English language.
   
   
3. A letter of appeal, directed against a decision of an official as referred to in the first paragraph, not being the Inspector-General, is submitted by intervention of the Head of the Shipping Inspectorate. He immediately sends the letter of appeal to Our Minister.
   
   
4. If the letter of appeal has been submitted telegraphically or by telex, the signing, contrary to Article 6:5 of the General Administrative Law Act, can be omitted.
   
   
5. Our Minister may determine that the appeal suspends the effect of the decision against which it is directed.

Article 28 Cancelled

Article 28 is cancelled

§ 2 Investigation of incidents

§ 2 - Investigation of incidents

Article 29

1. Our Minister shall start an investigation into incidents of importance, occurred to ships, in order to verify whether lessons can be learned, or whether it is desirable to lay down rules for the prevention of incidents.
   
   
2. By or pursuant to Order in Council regulations may be laid down regarding the manner in which an investigation into an incident as referred to in the first paragraph is started.

§ 3 Assistance

§ 3 - Assistance

Article 30

1. Our Minister may authorize organizations or persons to perform certain activities assigned by him for the benefit of the Inspectorate Transport, Public Works and Water Management.
   
   
2. A decision established under the first paragraph is published in the Dutch Government Gazette.

Article 31 Cancelled

Article 31 is cancelled

Article 32 Cancelled

Article 32 is cancelled

Article 33 Cancelled

Article 33 is cancelled

§ 4 Relief and exemption

§ 4 - Relief and exemption

Article 34

In special cases, Our Minister may grant relief to a ship that has not been provided with a valid certificate, as referred to in Article 13, from the prohibition mentioned in that Article:

1. if it has been proven to his satisfaction that the ship meets the requirements for obtaining that certificate;
   
   
2. if the ship does not meet the requirements for obtaining that certificate, in order to enable it to proceed to the nearest suitable repair yard with the purpose to provide there for the lacking things.

Article 35

1. By Regulation of Our Minister ships of a specific category may be exempted from one or more of the requirements of or pursuant to the Articles 7 or 10, if necessary while giving instructions and restrictions, provided that this is possible without danger to the environment.
   
   
2. In special cases, Our Minister is entitled, if necessary while giving instructions and restrictions, to grant relief from the requirements of or pursuant to the Articles 7 and 10.
   
   
3. An act contrary to the instructions and restrictions as referred to in the first or second paragraph is prohibited.

Article 35a

1. At the operator’s request Our Minister may entirely or partly grant relief from the provisions by or pursuant to the Articles 6a, 12a or 12b, if:
   
   
   1. it concerns a ship which often and regularly calls in at certain ports to a timetable;
      
      
   2. it has been proven satisfactorily that arrangements have been made for the delivery of ship-generated waste in a port to be called in according to that timetable, and
      
      
   3. sufficient contributions are due for that delivery.
      
      
2. A relief as referred to in the first paragraph may be granted with restrictions. Instructions may be attached to a relief.
   
   
3. An act contrary to the restrictions and instructions as referred to in the second paragraph is prohibited.
   
   
4. This Article is also applicable to foreign ships.

Chapter 6 Penalty clauses and prohibitions and deposit

Chapter 6 - Penalty clauses and prohibitions and deposit

Article 36

1. The Dutch penal code is, in compliance with the Articles 218 and 220 and section 7 of Part XII of the United Nations Convention of the Law of the Sea and without prejudice to the right of other states to institute legal proceedings in accordance with the United Nations Convention on the Law of the Sea or the Convention, applicable to anyone who is guilty of breaking the rules laid down by or pursuant to Article 5 outside the Netherlands.
   
   
2. The Dutch penal code is applicable to anyone who is guilty of breaking the rules laid down by or pursuant to Article 12 in the Dutch exclusive economic zone.

Article 36a

1. It is prohibited to act contrary to provisions to be designated by regulation of Our Minister, in accordance with Our Minister of Justice, of an Order of one or more of the institutions of the European Union alone or jointly regarding the prevention of pollution from ships which is directly mandatory in all its components.
   
   
2. The prohibition, as referred to in the first paragraph, is also applicable to foreign ships in European waters under Dutch jurisdiction, insofar as the relevant Order is applicable in those waters.
   
   
3. By Ministerial Regulation rules may be laid down in implementation of an Order as referred to in the first paragraph regarding the granting of relief or exemption.
   
   
4. A regulation as referred to in the first paragraph does not enter into force before two weeks after the draft has been submitted to both Chambers of the States General.

Article 37

1. In case of suspicion of offence of a requirement, laid down by or pursuant to the Articles 5, first paragraph, 6, second paragraph, 10, first paragraph, 11, first and second paragraphs, 12, first, second, fourth, sixth, seventh and eighth paragraphs, 12a, first, second, third and fourth paragraphs, 12b, first paragraph, 12c, first paragraph, 12d, first paragraph, 12e, first and second paragraphs, 13, 23, first and second paragraphs, 35 third paragraph and 36a, first paragraph, an order can be given to the master that he proceeds to a Dutch port or that the ship will not leave a Dutch port or a Dutch inland water until a sum of money as determined by that order has been paid at a location to be appointed by it, from which a fine to be imposed in connection with that criminal offence can be recovered. If necessary, the order is enforced through the help of the police.
   
   
2. The order as referred to in the first paragraph is given upon demand of the Public Prosecutor by the judge before whom the case is or will be prosecuted. The master is heard beforehand or is at least properly summoned.
   The order is instantly enforceable and is immediately served to the master.
   
   
3. The accused may appeal from the order or the rejection of the legal claim within fourteen days upon the serving and the Public Prosecutor may appeal with the Court of Appeal within fourteen days. The Court decides as soon as possible.
   
   
4. As soon as the verdict given in the criminal case has become irrevocable, the sum of money paid is again put at the disposal of the person entitled, after a fine imposed by that verdict has been deducted from it. Until that time and to be calculated from the day the sum of money was paid, the interest at the statutory rate is compensated over that sum.
   
   
5. The first paragraph is also applicable to foreign ships, insofar as the requirements as referred to in that paragraph are also addressed to foreign ships.

Article 37a

1. As regards acts by ships as referred to in Article 2 of the Vessels Act 1930 BES, the following applies:
   
   
   1. Acts contrary to the requirements laid down pursuant to the Articles 5, first paragraph, and 12, first, sixth, seventh and eighth paragraph, of this Act, insofar as committed on purpose, are criminal offences and are punished with imprisonment of not more than six years or a fine of the fifth category.
      
      
   2. Acts as referred to in item a, which are no criminal offences, are offences and are punished with imprisonment of not more than one year or a fine of the fourth category.
      
      
   3. Acts contrary to the requirements laid down pursuant to the Articles 10, first paragraph, and 11, first paragraph, and the requirements laid down by or pursuant to Article 11, second paragraph, of this Act, insofar as committed on purpose, are criminal offences and are punished with imprisonment of not more than two years or a fine of the fourth category.
      
      
   4. Acts as referred to in item b, which are no criminal offences, are offences and are punished with imprisonment of not more than six months or a fine of the fourth category.
      
      
2. As supplementary penalty can be imposed:
   
   
   1. entire or partial closing down of the company of the convict, in which the offence has been committed for a time of not more than one year; or,
      
      
   2. confiscation of the items, mentioned in Article 35 of the Code of Criminal Procedure BES.
      
      
3. Without prejudice to the officials assigned by or pursuant to Article 184 of the Code of Criminal Procedure, the officials assigned by Our Minister of Justice, in accordance with Our Minister, are in charge of the search of the acts that have been made punishable in the first and second paragraphs.

Chapter 7 Final provisions

Chapter 7 - Final provisions

Article 38

In implementation of conventions or decrees of organizations under international law regarding the prevention of pollution from ships, by or pursuant to Order in Council more detailed regulations can be laid down as regards the subjects provided for in this Act.

Article 39

1. A proposal for an Order in Council pursuant to this Act is presented by Our Minister.
   
   
2. Insofar as an Order in Council contains provisions pursuant to the Articles 1, sub-paragraph h,5, 6 or 6a, the proposal with regard to those provisions is presented by Our Minister, also on behalf of Our Minister of Housing, Spatial Planning and the Environment.

Article 40

1. The costs related to the handling of the application and the issue of certificates, reliefs as referred to in Article 35a and the other documents issued by or pursuant to this Act, as well as duplicates and certified copies of these documents, as well as the costs of investigations and other activities for the benefit of ships insofar as performed by officials of the Inspectorate Transport, Public Works and Water Management, are at the expense of the applicant of the document.
   
   
2. The rates for compensation of the costs are determined by Ministerial Regulation.
   
   
3. In the regulation, as referred to in the second paragraph, may be determined that the compensation of costs is paid prior to the handling of the application and the issue of certificates, reliefs as referred to in Article 35a and the other documents which are issued by or pursuant to this Act, as well as duplicates and certified copies of these documents, or in instalments.

Article 41

Insofar as the Guideline Port Reception Facilities under the Agreement on the European Economic Area is also mandatory for a state, not being a member state of the European Union, for the application of this Act this state is equated with a member state of the European Union.

Article 42

This Act is not applicable to discharging and other acts from or on board of ships as referred to in Article 5, first paragraph, subparagraph b, insofar as requirements have been laid down to that end by or pursuant to the Marine Pollution Act (Stb. 1975, 352).

Article 43

This Act is not applicable insofar as the provisions of or pursuant to the Nuclear Energy Act (Stb. 1963, 82) are applicable.

Article 43a

1. An amendment to the Convention comes into force for the application of this Act as from the day on which that amendment comes into force for the Netherlands, unless determined otherwise by Decree of Our Minister.
   
   
2. A decision as referred to in the first paragraph is published in the Government Gazette.
   
   
3. An amendment to the directive port reception facilities or to the directive monitoring and information system maritime navigation shall apply for the purpose of this Act or the provisions based on it as from the day on which the amending directive involved must have been implemented.

Article 43b

As regards sanitary waste Article 1, sub-paragraph n, is not applicable until twelve months after the date of entry into force of Annex IV to the Convention for the relevant category of ships.

Article 44

This Act may be quoted as: ‘Prevention of Pollution from Ships Act’.

Article 45

This Act comes into force on a time to be determined by Us.

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, 14 December 1983

Beatrix

The Minister of Transport, Public Works and Water Management,
N. Smit-Kroes

The Minister of Housing, Spatial Planning and the Environment,
P. Winsemius

Published the thirtiest December 1983

The Minister of Justice,
F. Korthals Altes

• Informatietype: Wet- en regelgeving (NL)
• Documentsoort: Wet
• Toegangsrechten: Intern
• Identificatie: PUC_1241_14
• Versie: 1
• Datum beschikbaarheid: 27-12-2011
• Geldigheid van: 18-10-2000
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Prevention of Pollution from Ships Act (English, uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Onderwerp: Milieu / Environment
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Mandatory Regulations / National Instruments (Mandatory) / Acts / Wetten