Regulation Seafarers (uncontrolled version)

Regulation of the Minister of Infrastructure and the Environment, dated ................... 2012,
No. IENM/BSK-2012/122728, determining the rules for accommodation of seafarers on board and certain other subjects as well as amending certain regulations, in implementation of the Maritime Labour Convention 2006 and Directive 2009/13/EC (Seafarers Regulation)

 

The Minister of Infrastructure and the Environment,

in view of the Maritime Labour Convention 2006 concluded on 23 February 2006 in Geneva (Treaty Series 2007, 93), Directive No. 2009/13/EC of the Council of the European Union of 16 February 2009 implementing the agreement between the European Community Shipowners' Association (ECSA) and the European Transport Workers' Federation (ETF) regarding the Maritime Labour Convention 2006 and amending Directive 1999/63/EC (OJEU L 124), Article 1, paragraph 2, Article 2, paragraphs 1, 4 and 5, Article 7, paragraph 3, Article 19, paragraphs 3 and 4, Article 20, paragraph 2, Article 21, Article 22, paragraphs 4 and 5, Article 22a, paragraph 4, Article 38, paragraph 3, Article 48, Article 48a, Article 48b, paragraphs 2 and 3, Article 48c, paragraphs 2, 3 and 4, Article 48d, paragraphs 3 and 4, Article 55c, paragraph 2, Article 55e, Article 62, Article 66, Article 69a, paragraph 2 and Article 69b, paragraph 2 of the Maritime Crews Act to be cited, after the entry into effect of Article I, section JJ of the Act of 6 July 2011 (Bulletin of Acts and Decrees 394) concerning the implementation of the above-mentioned Convention, as the Seafarers Act, Article 6.4:1, paragraph 2 and Article 6.4:2, paragraph 4 of the Working Hours (Transport) Decree, Article 5, Article 6, paragraph 2, Article 8, paragraph 2, Article 103, paragraph 1, Article 104 and Article 106, paragraphs 1, 2 and 3 of the Maritime Crews (Merchant Marine and Sailing Ships) Decree and Article 29, paragraph 1 of the Inland Navigation Decree

DETERMINES:

Ingangsdatum: 01-11-2012

Regulation of the Minister of Infrastructure and the Environment, dated ................... 2012,
No. IENM/BSK-2012/122728, determining the rules for accommodation of seafarers on board and certain other subjects as well as amending certain regulations, in implementation of the Maritime Labour Convention 2006 and Directive 2009/13/EC (Seafarers Regulation)

 

The Minister of Infrastructure and the Environment,

in view of the Maritime Labour Convention 2006 concluded on 23 February 2006 in Geneva (Treaty Series 2007, 93), Directive No. 2009/13/EC of the Council of the European Union of 16 February 2009 implementing the agreement between the European Community Shipowners' Association (ECSA) and the European Transport Workers' Federation (ETF) regarding the Maritime Labour Convention 2006 and amending Directive 1999/63/EC (OJEU L 124), Article 1, paragraph 2, Article 2, paragraphs 1, 4 and 5, Article 7, paragraph 3, Article 19, paragraphs 3 and 4, Article 20, paragraph 2, Article 21, Article 22, paragraphs 4 and 5, Article 22a, paragraph 4, Article 38, paragraph 3, Article 48, Article 48a, Article 48b, paragraphs 2 and 3, Article 48c, paragraphs 2, 3 and 4, Article 48d, paragraphs 3 and 4, Article 55c, paragraph 2, Article 55e, Article 62, Article 66, Article 69a, paragraph 2 and Article 69b, paragraph 2 of the Maritime Crews Act to be cited, after the entry into effect of Article I, section JJ of the Act of 6 July 2011 (Bulletin of Acts and Decrees 394) concerning the implementation of the above-mentioned Convention, as the Seafarers Act, Article 6.4:1, paragraph 2 and Article 6.4:2, paragraph 4 of the Working Hours (Transport) Decree, Article 5, Article 6, paragraph 2, Article 8, paragraph 2, Article 103, paragraph 1, Article 104 and Article 106, paragraphs 1, 2 and 3 of the Maritime Crews (Merchant Marine and Sailing Ships) Decree and Article 29, paragraph 1 of the Inland Navigation Decree

DETERMINES:

09 Seafarers Regulation

Ingangsdatum: 01-11-2012

 

Seafarers Regulation

		dd-mm-yyyy = Entry into force
Document		01-11-2012
Amended by

§ 01 General provisions

§ 1 - General provisions

Ingangsdatum: 01-11-2012

§ 1 - General provisions

Article 01.01 Definitions

Ingangsdatum: 01-11-2012

Article 1.1 - Definitions

In this Regulation, the following terms shall have the following meanings:

Commercial yacht: a ship of less than 3000 GT with a length between perpendiculars of 24 metres or more, which is designed, built and used exclusively for the commercial transport of not more than 12 passengers and to which the LY2 Code as defined in Article 1 of the Safety of Seagoing Vessels Regulation may be applied;

Officer: a ship's Officer as referred to in the Act and any other seafarer designated as an Officer by the shipowner;

Petty Officer: a seafarer on board holding a supervisory position or another position with special responsibility and who has been designated as such by the shipowner;

Minister: the Minister of Infrastructure and the Environment;

Passenger ship: a ship intended or used for the commercial transport of more than twelve passengers;

Special purpose ships: ships which, pursuant to Article 6 of the Safety of Seagoing Vessels Regulation, hold a certificate based the SPS Code or the SPS Code 2008 referred to in Article 1 of the Safety of Seagoing Vessels Regulation;

Load line: for ships falling under the Convention on Load Lines referred to in Article 1, paragraph 1(i) of the Ships Decree 2004, the summer load line referred to in Annex 1, Regulation 6, paragraph 2(a) of the Convention on Load Lines and for ships not falling under the Convention on Load Lines, the line parallel to the designed load line located at a distance of 20% from the moulded depth referred to in Annex 1, Regulation 3, paragraph 5 of the Convention on Load Lines, but not more than 1000 mm below the freeboard deck referred to in Annex 1, Provision 3, paragraph 9 of the Convention on Load Lines;

Convention on Load Lines: the Convention on Load Lines concluded on 5 April 1966 in London (Treaty Series 1966, 275) and the associated binding protocols, appendices and annexes;

Accommodation: Day rooms and sleeping rooms and all areas for sanitary purposes, food and catering, nursing and recreation on board a ship intended for use by seafarers;

Act: Seafarers Act.

Article 01.02 Persons not regarded as seafarers

Ingangsdatum: 01-11-2012

Article 1.2 - Persons not regarded as seafarers

The following categories of persons on board a ship shall not be regarded as seafarers for the implementation of the provisions of or pursuant to the Act:

1. passengers;
   
   
2. relations and families of seafarers sailing along but who do not perform any activities that are part of the normal shipboard operations;
   
   
3. soldiers, inspectors and pilots referred to in Article 1(b) of the Pilotage Act;
   
   
4. persons who are on board a ship only at a port or port facility referred to in Article 1(f) or 1(c) respectively of the Port Security Act;
   
   
5. other persons whose activities are not part of the normal shipboard operations in the context of the use of the ship.

Article 01.03 Exceptions for certain categories of ships

Ingangsdatum: 01-11-2012

Article 1.3 - Exceptions for certain categories of ships

1. Paragraph 3 of this Regulation shall not apply to the following ships:
   
   
   
   1. a. ships whose keels have been laid or whose construction was in a corresponding stage of development before the date of commencement of Article XII of the Act of 6 July 2011 for the implementation of the Maritime Labour Convention 2006 concluded on 23 February 2006 in Geneva (Treaty Series 2007, 93);
      
      
   2. fishing vessels; and
      
      
   3. ships designed to encourage and promote traditional skills and seamanship and operated as living cultural monuments based on traditional principles of seamanship and technique;
      
      

unless a provision in paragraph 3 expressly states that this provision shall exceptionally apply to the ships referred to in subparagraph (a) or (c).

§ 02 Inspection

§ 2 - Inspection

[Entry Into Force 20-08-2013]

Ingangsdatum: 20-08-2013

§ 2 - Inspection

Article 2.1 - Model document

The model of the document, referred to in Article 38 paragraph 1 of the Act, is included in Appendix A of this Regulation.

§ 03 Accommodation and facilities for seafarers on board

§ 3 - Accommodation and facilities for seafarers on board

[Entry Into Force 20-08-2013]

Ingangsdatum: 20-08-2013

§ 3 - Accommodation and facilities for seafarers on board

Article 3.1 - Accommodation for seafarers

1. The accommodation shall comply with the parts of the Maritime Labour Convention Standards mentioned in the table below:
   
   

   Headroom	Standard A3.1, paragraph 6(a), first sentence
   Insulation	Standard A3.1, paragraph 6(b)
   Materials to be used	Standard A3.1, paragraph 6(f)
   Lighting and drainage	Standard A3.1, paragraph 6(g)
   Air conditioning	Standard A3.1, paragraph 7(b)
   Heating system	Standard A3.1, paragraph 7(d)

   
   
2. The heating system referred to in paragraph 1 and the air conditioning system shall be capable of maintaining a constant temperature of 20°C throughout the accommodation.
   
   
3. Moreover, the accommodation shall comply with standards defined in the Maritime Labour Convention Guidelines or parts of Guidelines mentioned in the table below:
   
   

   Design and construction	Guideline B3.1.1
   Ventilation	Guideline B3.1.2
   Heating and radiators	Guideline B3.1.3, paragraphs 2 and 3
   Lighting	Guideline B3.1.4, paragraph 1
   Location of accommodation for prevention of noise and vibration	Guideline B3.1.12, paragraph 1
   Acoustic insulation	Guideline B3.1.12, paragraphs 2 and 3
   Prevention of extreme  vibration	Guideline B3.1.12, paragraph 5

   
   
4. The standards mentioned in the table below shall apply to the electrical lighting in the accommodation:
   
   

   Type of accommodation	Lux
   Day rooms and areas with recreational facilities	300
   Passageways and stairways, sleeping rooms	150
   Bridge, offices, galley	500
   Hospital accommodation	540
   Sanitary accommodation	325

Article 3.2 - Exemptions for accommodation

1. The Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant an exemption from Standard A3.1, paragraph 6(a), first sentence of the Maritime Labour Convention, if the reduced height of the concerned accommodation is reasonable and does not cause any discomfort to the seafarers.
   
   
2. No exemption shall be granted for a height of less than 1930 mm in the accommodation.
   
   
3. For ships of less than 200 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations and taking into account the size of the ship and number of persons on board, grant an exemption from Standard A3.1, paragraph 7(b) relating to the air conditioning.
   

Article 3.3 - Sleeping rooms

1. Notwithstanding the provisions of Articles 3.1 and 3.2, the sleeping rooms shall comply with the parts of the Maritime Labour Convention Standards mentioned in the table below:
   
   

   Location on the ship, other than a passenger ship	Standard A3.1, paragraph 6(c)
   Separation from other areas	Standard A3.1, paragraph 6(e)
   Ventilation	Standard A3.1, paragraph 7(a)
   Lighting	Standard A3.1, paragraph 8
   Individual sleeping room for each seafarer on ships other than passenger ships	Standard A3.1, paragraph 9(a), first phrase
   Separate sleeping rooms for men and women	Standard A3.1, paragraph 9(b)
   Dimensions and equipment	Standard A3.1, paragraph 9(c)
   Separate berth for each seafarer	Standard A3.1, paragraph 9(d)
   Minimum dimensions of a berth	Standard A3.1, paragraph 9(e)
   Floor area of sleeping rooms for a single seafarer	Standard A3.1, paragraph 9(f)
   Floor area and number of seafarers per sleeping room on ships of less than 3000 GT, other than passenger ships or special purpose ships	Standard A3.1, paragraph 9(h)
   Floor area of sleeping rooms on passenger ships and special purpose ships	Standard A3.1, paragraph 9(i)
   Floor area of sleeping rooms for more than 4 seafarers on special purpose ships	Standard A3.1, paragraph 9(j)
   Floor area of sleeping rooms for seafarers who perform the duties of Officers	Standard A3.1, paragraph 9(k) or Standard A3.1, paragraph 9(l) for passenger ships and special purpose ships
   Additional space adjoining the sleeping rooms for the Master, Chief Engineer and Chief Navigating Officer	Standard A3.1, paragraph 9(m), first phrase
   Furniture	Standard A3.1, paragraphs 9(n) and 9(o)

   
   
   

2. Supplementary to Standard A3.1, paragraph 9(e), the inside length of a berth shall be at least 2000 mm.
   
   

3. Sleeping rooms shall be located aft of the collision bulkhead.
   
   

4. Furthermore, sleeping rooms shall comply with standards defined in the Maritime Labour Convention Guidelines or parts of Guidelines mentioned in the table below:

   Electric reading lamp	Guideline B3.1.4, paragraph 2
   Comfort of berths	Guideline B3.1.5, paragraph 1
   Equipped with a bathroom, including water closet	Guideline B3.1.5, paragraph 2
   Separation of seafarers working as watchkeepers from those working during the day	Guideline B3.1.5, paragraph 3
   Maximum number of Petty Officers per sleeping room	Guideline B3.1.5, paragraph 4
   An additional space adjoining the sleeping rooms	Guideline B3.1.5, paragraph 5
   Space for various facilities also included within the dimensions of the floor area	Guideline B3.1.5, paragraph 6
   Berths placed above one another	Guideline B3.1.5, paragraphs 7, 8 and 12
   Materials used for the bed frame, lee-boards and furniture amidships	Guideline B3.1.5, paragraphs 9, 10 and 13
   Mattresses	Guideline B3.1.5, paragraph 11
   Curtains or equivalent fittings	Guideline B3.1.5, paragraph 14
   Other sleeping room facilities	Guidelines B3.1.5, paragraph 15 and B3.1.10\

   
    

Article 3.4 - Substantially equivalent provisions for sleeping rooms on commercial yachts

1. By way of derogation from Article 3.3, paragraph 1 and as substantially equivalent provisions as referred to in Article VI, paragraph 3 of the Maritime Labour Convention, the standards mentioned in the table below relating to the minimum floor area for sleeping rooms, along with paragraphs 2 and 3, shall apply to a commercial yacht.
   
   

   Size of a commercial yacht	Type of sleeping room	Minimum floor area
   Up to 500 GT	Single occupancy sleeping room without private sanitary facilities	3.6 m2
   	Single occupancy sleeping room with private sanitary facilities	4.5 m2
   	Double occupancy sleeping room with private sanitary facilities	6.2 m2
   >500 GT to 1250 GT	Single occupancy sleeping room for Officers with private sanitary facilities	From 4.5 m2  for 500GT + 0.004 m2 per GT greater than 500 GT, rounded to decimal places
   >500 GT to 1150 GT	Double occupancy sleeping room for Officers with private sanitary facilities	6.2 m2 for 500 GT + 0.01354 m2 per GT greater than 500 GT, rounded to decimal places

   
   
   
   
2. The substantially equivalent provisions, referred to in paragraph 1, require a commercial yacht to provide the following facilities:
   
   
   1. a day room that offers at least 1.5 m² seating space per seafarer;
      
      
   2. space on deck accessible to off-duty seafarers that offers at least 1.5 m² seating space per seafarer; and
      
      
   3. an additional space that offers at least 1.5 m² seating space per Officer and, insofar as this space is located on the bridge, is only used when the ship is sailing.
      
      
3. Insofar as the floor area of the sleeping rooms for Officers, under paragraph 1, is less than 7.5 m², a TV and a DVD player or similar equipment shall be provided in these rooms.

Article 3.5 -Substantially equivalent provisions for sleeping rooms on ships of less than 500 GT

1. In view of the functionality, stability or otherwise, the safety of ships of less than 500 GT, by way of derogation from Article 3.3, paragraph 1 and as substantially equivalent provisions as referred to in Article VI, paragraph 3 of the Maritime Labour Convention, sleeping rooms may be situated below the load line, provided that paragraph 2 is also complied with.
   
   
2. The sleeping rooms referred to in paragraph 1 shall comply with the following requirements:
   
   
   1. the upper side of the floor shall lie maximum 2000 mm below the load line;
      
      
   2. with respect to headroom, no exemption shall be granted from the requirements referred to in Article 3.2, paragraph 1;
      
      
   3. the sleeping room shall be continuously air conditioned to adequately prevent the formation of condensation and damp-related odours;
      
      
   4. the sleeping room shall have at least two escape routes;
      
      
   5. the watertight compartment of the sleeping room shall have a bilge alarm;
      
      
   6. the brightness of the lighting shall be adjustable so that the lack of daylight can be compensated for depending on the seafarer's needs; and
      
      
   7. the materials and colours used for wall and floor coverings shall be selected keeping in mind the need to make this a comfortable and pleasant living space.
      

Article 3.6 - Substantially equivalent provision for sleeping rooms on passenger ships and special purpose ships

1. On passenger ships and special purpose ships, sleeping rooms may be situated below the reference load line in accordance with Standard A3.1, paragraph 6(d) of the Maritime Labour Convention. By way of derogation from Standard A3.1, paragraph 6(d) of the Maritime Labour Convention and as a substantially equivalent provision as referred to in Article VI, paragraph 3 of the Maritime Labour Convention, sleeping rooms may be located below working passageways if these rooms are insulated in such a way that they are in compliance with acoustic insulation standards for sleeping rooms and day rooms as defined in the Code on Noise Levels on Board Ships adopted by the General Assembly of the International Maritime Organisation by Resolution A.468(12).
   
   
2. The sleeping rooms referred to in paragraph 1 shall comply with the following requirements:
   
   
   1. the sleeping room shall be kept continuously air conditioned to adequately prevent the formation of condensation and damp-related odours; and
      
      
   2. the brightness of the lighting shall be adjustable so that the lack of daylight can be compensated for depending on the seafarer's needs.
      

Article 3.7 - Exemptions and derogations with respect to sleeping rooms

1. The Minister may grant exemption from Standard A3.1, paragraph 6(c) of the Maritime Labour Convention with respect to the location of sleeping rooms forward of amidships, if the size, type or intended service of the ship renders any other location impracticable.
   
   
2. By way of derogation from Article 3.3, paragraph 1 and in accordance with Standard A3.1, paragraph 8 of the Maritime Labour Convention, sleeping rooms on passenger ships may be located in areas with no natural light if:
   
   
   1. the brightness of the lighting is adjustable so that the lack of daylight can be compensated for depending on the seafarer's needs; and
      
      
   2. materials and colours used for wall and floor coverings are chosen keeping in mind the need to make this a comfortable and pleasant living space.
      
      
3. For ships of less than 3000 GT (other than passenger ships) or for special purpose ships, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Standard A3.1, paragraph 9(a) of the Maritime Labour Convention which require that there must be an individual sleeping room for each seafarer.
   
   
4. For ships of less than 3000 GT, passenger ships or special purpose ships, the Minister may, in accordance with Standard A3.1, paragraph 9(g), grant exemption from Standard A3.1, paragraph 9(f) of the Maritime Labour Convention relating to the minimum floor area of individual sleeping rooms, if such an exemption can be provided for in individual sleeping rooms. These individual sleeping rooms shall never be smaller than 3.75 m².
   
   
5. For ships of less than 3000 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Standard A3.1, paragraph 9(m) of the Maritime Labour Convention relating to sleeping rooms adjoining individual rooms.
   
   
6. For ships of less than 200 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations and taking into account the size of the ship and number of people on board, grant exemption from the provisions of Standard A3.1, paragraphs 9(f) and 9(h) to 9(l) of the Maritime Labour Convention relating to the minimum floor area, provided that the floor area of individual sleeping rooms is at least 3 m², the floor area of sleeping rooms for more than one person is at least 2 m² per person and the floor area of sleeping rooms for Officers is at least 4 m².
   
   
7. The Minister may grant exemption from the standards defined in:
   
   
   1. Guideline B3.1.5, paragraph 2 of the Maritime Labour Convention that requires sleeping rooms to have private sanitary facilities;
      
      
   2. Guideline B3.1.5, paragraph 3 of the Maritime Labour Convention that requires sleeping rooms to be arranged such that watches are separated and seafarers working during the day have separate accommodation from those working at night.
      

Article 3.8 - Day rooms

1. Without prejudice to Articles 3.1 and 3.2, the day rooms shall comply with the parts of the Maritime Labour Convention Standards mentioned in the table below:
   
   

   Ventilation	Standard A3.1, paragraph 7(a)
   Lighting	Standard A3.1, paragraph 8
   Location, size and equipment of day rooms	Standard A3.1, paragraph 10

   
   
   
2. Furthermore, day rooms shall comply with standards defined in the parts of the Maritime Labour Convention Guidelines mentioned in the table below:
   
   

   Floor area of day rooms	Guideline B3.1.6, paragraph 3
   Furniture in day rooms	Guideline B3.1.6, paragraph 4
   Day room facilities	Guideline B3.1.6, paragraph 5
   Pantries	Guideline B3.1.6, paragraph 6
   Materials used for the furniture	Guideline B3.1.6, paragraph 7

   
   
   
3. On board ships of more than 400 GT but less than 1000 GT, separate day rooms shall be provided for:
   
   
   1. the Master and Officers;
      
      
   2. the remaining seafarers.
      
      
4. On board ships of 1000 GT or more, separate day rooms shall be provided for:
   
   
   1. the Master and Officers;
      
      
   2. the Petty Officers;
      
      
   3. the remaining seafarers.
      
      
5. Without prejudice to the provisions of paragraphs 3 and 4, a separate day room shall be provided for seafarers who do not hold a position as referred to in Article 18, paragraph 2 of the Act.
   

Article 3.9 - Exemptions and derogations with respect to day rooms

1. By way of derogation from Article 3.8, paragraph 1 and in accordance with Standard A3.1, paragraph 8 of the Maritime Labour Convention, day rooms on passenger ships may be located in areas with no natural light if:
   
   
   1. the brightness of the lighting is adjustable so that the lack of daylight can be compensated for depending on the seafarer's needs; and
      
      
   2. materials and colours used for wall and floor coverings are chosen keeping in mind the need to make this a comfortable and pleasant living space.
      
      
2. The Minister may, after consultation with the relevant shipowners' and seafarers' organisations and taking into account the factors mentioned in Guideline B3.1.6, paragraph 1 of the Maritime Labour Convention, grant exemption from the provisions of Article 3.8, paragraphs 3, 4 and 5 relating to the presence of separate day rooms.
   
   
3. For ships of less than 3000 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Standard A3.1, paragraph 10(a) of the Maritime Labour Convention relating to the location of day rooms.
   

Article 3.10 - Sanitary facilities

1. Without prejudice to Articles 3.1 and 3.2, the sanitary facilities shall comply with the parts of the Maritime Labour Convention Standards mentioned in the table below:
   
   

   Ventilation	Standard A3.1, paragraph 7(c)
   Accessibility, hygiene and comfort	Standard A3.1, paragraphs 11(a), 11(b) and 11(c)
   Washbasins in sleeping rooms	Standard A3.1, paragraph 11(d)
   Hot and cold running water	Standard A3.1, paragraph 11(f)

   
   
2. Furthermore, the sanitary facilities shall comply with standards defined in the parts of the Maritime Labour Convention Guidelines mentioned in the table below:
   
   

   Washbasins and baths	Guideline B3.1.7, paragraph 1
   Water closets	Guideline B3.1.7, paragraph 2
   Layout of sanitary accommodation intended for more than one person	Guideline B3.1.7, paragraph 3

Article 3.11 - Exemptions and derogations with respect to sanitary facilities

1. For ships of less than 1600 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Standard A3.1, paragraph 11(b) of the Maritime Labour Convention relating to the accessibility of sanitary accommodation from the navigating bridge, engine room or engine room control centre. 
   
   
2. For passenger ships not ordinarily engaged in voyages with a duration of more than four hours, by way of derogation from Article 3.10, paragraph 1 and in accordance with Standard A3.1, paragraph 11(e) of the Maritime Labour Convention, the number of sanitary facilities may be limited to a toilet, a washbasin and a bathtub or shower per group of ten seafarers, if there are additional sanitary facilities available onshore and the combined onshore and on-board sanitary facilities comply with Standard A3.1, paragraph 11(c) of the Maritime Labour Convention.
   
   
3. On ships of less than 200 GT, Standard A.3.1, paragraph 11(d) of the Maritime Labour Convention relating to washbasins in sleeping rooms shall not apply.
   

Article 3.12 - Hospital accommodation

1. On a ship with fifteen or more seafarers on board that is engaged in journeys of more than three days' duration between two ports and where a hospital is present, separate hospital accommodation shall be available that complies with Standard A3.1, paragraph 12 of the Maritime Labour Convention.
   
   
2. Hospital accommodation shall comply with standards defined in Guideline B3.1.8, paragraphs 1, 2 and 4 of the Maritime Labour Convention relating to design and layout, provided that the sanitary facilities that are part of the hospital accommodation are only accessible from such accommodation through a door that can be locked.
   
   
3. There shall be the following number of beds in the hospital accommodation:
   
   
   1. on ships where the number of seafarers occupying sleeping rooms intended for more than one person is less than 30, one bed;
      
      
   2. on ships where the number of seafarers occupying sleeping rooms intended for more than one person is 30 or more, two beds that are not placed above one another.
      
      
4. On passenger ships, a separate hospital accommodation shall preferably be present for passengers. If there is no separate hospital accommodation for passengers, such passengers shall be regarded as seafarers for the purposes of paragraph 3.
   
   
5. On a ship sailing on an international voyage of more than three days' duration with a crew and other staff consisting of a hundred or more persons who, in whatever capacity, are employed on board for the service of the ship, including trainees and apprentices as well as persons working as pilots, a room shall be set up as a pharmacy and first-aid room adjoining the hospital accommodation and which can be secured.
   
   
6. On ships where, having regard to paragraph 1, there is no hospital accommodation, a single occupancy sleeping room shall be provided that can be set up as a sick bay. On ships with fewer than six seafarers, a berth in a sleeping room set up as a sick bay shall be sufficient. This sleeping room should be easily accessible.

Article 3.13 - Recreational and social facilities

1. In accordance with Standard A3.1, paragraph 17 of the Maritime Labour Convention, there shall be recreational facilities on board that comply with standards defined in the parts of the Maritime Labour Convention Guidelines mentioned in the table below:
   
   

   Bookcase and furniture for reading, writing and games	Guideline B3.1.11, paragraph 2
   Smoking room	Guideline B3.1.11, paragraph 4(a)
   Television and radio	Guideline B3.1.11, paragraph 4(b)
   Film projection facilities	Guideline B3.1.11, paragraph 4(c)
   Library	Guideline B3.1.11, paragraph 4(f)
   Electronic equipment	Guideline B3.1.11, paragraph 4(h)
   Telephone, e-mail and internet connection	Guideline B3.1.11, paragraph 4(j)

   
   
   
2. Furthermore, on board ships of 8000 GT or more, in addition to the facilities referred to in paragraph 1, recreational facilities shall be present that comply with standards defined in the parts of the Maritime Labour Convention Guidelines mentioned in the table below:
   
   

   Sports facilities	Guideline B3.1.11, paragraph 4(d)
   Swimming pool	Guideline B3.1.11, paragraph 4(e)
   Facilities for creative activities	Guideline B3.1.11, paragraph 4(g)
   Bar	Guideline B3.1.11, paragraph 4(i)

   
   
   
3. On ships of 500 GT or more, for the facilities referred to in paragraph 1, there shall be at least one separate room available in addition to the smoking room.
   
   
4. On ships of lesser than 500 GT, instead of a separate recreational room, the day rooms may be arranged and equipped such that they can be used as relaxation areas.
   
   
5. On ships of 8000 GT or more, for the facilities referred to in paragraphs 1 and 2 and in addition to a separate space for the swimming pool and a smoking room, at least two rooms shall be present with sufficient space for carrying out different recreational activities simultaneously.

Article 3.14 - Exemptions with respect to the swimming pool

The Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Article 3.13, paragraph 2 relating to the presence of a swimming pool, if the layout of the ship makes it difficult to implement this.

Article 3.15 - Miscellaneous facilities

1. The following facilities shall be present on board, in compliance with the parts of the Maritime Labour Convention Standards and standards defined in the parts of the Maritime Labour Convention Guidelines mentioned in the table below:
   
   

   Laundry facilities	Standard A3.1, paragraph 13 and Guideline B3.1.7, paragraph 4
   Space on open deck	Standard A3.1, paragraph 14
   Offices	Standard A3.1, paragraph 15, first sentence

    
   
2. On ships of 1600 GT or more, a changing room shall be available for engine room personnel, which shall be compliant with standards defined in Guideline B3.1.9 of the Maritime Labour Convention, unless all engine room personnel have access to a sleeping room intended for no more than two persons and which has an attached sanitary accommodation containing a bath or shower. The changing room for engine room personnel shall be accessible from the engine room.
   
   
3. Facilities shall be available on board to prevent the intrusion of mosquitoes in the rooms and spaces that providing access to the open deck, if it concerns a ship that regularly calls at ports where mosquitoes are usually present.
   
   
4. The required necessities referred in Guideline B3.1.10 of the Maritime Labour Convention shall be present in sufficient quantities for the seafarers on board.
   

Article 3.16 - Exemptions with respect to offices and laundry facilities

1. For ships of less than 3000 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations, grant exemption from the provisions of Standard A3.1, paragraph 15 of the Maritime Labour Convention relating to offices.
   
   
2. For ships of less than 200 GT, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations and taking into account the size of the ship and number of people on board, grant exemption from Standard A3.1, paragraph 13 of the Maritime Labour Convention relating to laundry facilities, if the seafarers of the ship in question have sufficient access to laundry facilities onshore.

Article 3.17 - Exemptions based on seafarers' customs and practices

For ships employing seafarers who have differing religious or social customs, the Minister may, after consultation with the relevant shipowners' and seafarers' organisations and subject to certain conditions, grant exemption from the provisions of Standard A3.1 of the Maritime Labour Convention, provided this does not lead to situations which are less favourable for one or more seafarers on board the ship in question than it would have been if the exemption had not been granted.

Article 3.18 - Facilities for storage and preparation of food and drinking water

1. Ships shall be equipped with adequate cooking units and kitchen utensils for preparing meals of adequate quantity, quality and nutritional value for the seafarers on board.
   
   
2. On ships with a length of 35 metres or more, a separate room shall be set up as a galley for preparing food and hot drinks, which shall be sufficiently equipped to prepare proper, varied and nutritious meals efficiently, in sufficient quantity and while taking into account the various religious and cultural practices of seafarers. The galley shall be connected to a system for providing cold and hot drinking water.
   
   
3. Storerooms, separated from other areas, shall be available for the storage of food and they shall be ventilated or cooled so that the food remains in good condition.
   
   
4. Ships shall be equipped with drinking water tanks that are separated from oil tanks and waste water collection tanks by cofferdams. These tanks shall be constructed such that draining the tank does not leave behind any residues, hence ensuring that the drinking water remains hygienic. Pipelines, of whatever nature, should not pass through drinking water tanks.
   
   
5. This Article shall also apply to the ships referred to in Articles 1.3(a) and 1.3(c).

Article 3.19 - Materials to be used

1. Approved materials and products are those that comply with the description given in Guidelines B3.1.1, paragraph 5, B3.1.5, paragraph 9, B3.1.7, paragraphs 2 and 3(b) and B3.1.10, paragraph 1(b) of the Maritime Labour Convention.
   
   
2. Materials or products, which have a CE marking based on the regulations applicable thereto, shall be regarded as approved materials or products as referred to in paragraph 1.
   

Article 3.20 - Instructions for use of accommodation

1. The accommodation shall be kept clean, habitable and in good condition.
   
   
2. At least once a month, the accommodation shall be inspected by the Master or by an Officer designated by him, in the presence of one or more members of the crew, to ensure compliance with the provisions of paragraph 1. The findings of this inspection shall be recorded in the ship's log.
   
   
3. As long as there are seafarers on board, the heating of the accommodation shall be in compliance with Guideline B3.1.3, paragraph 1 of the Maritime Labour Convention.
   
   
4. Hospital accommodation shall be used exclusively for medical purposes.
   
   
5. This Article shall also apply to the ships referred to in Articles 1.3(a) and 1.3(c).

Article 3.21 - Use of recreational and social facilities

1. The shipowner shall ensure that the on-board internet facilities for sending e-mail are accessible to all seafarers and that the delivery of post takes place in accordance with Guideline B3.1.11, paragraph 5 of the Maritime Labour Convention. 
   
   
2. For the use of telephone, e-mail and internet connections, the shipowner may charge a fee as usage costs. The other facilities referred to in Article 3.13 shall be free of charge for seafarers.
   
   
3. The shipowner shall ensure that all contacts with family and friends of seafarers proceed in accordance with standards defined in Guideline B3.1.11, paragraphs 6 and 7 of the Maritime Labour Convention.
   
   
4. The facilities referred to in Article 3.13 shall be inspected at least once every three years by or on behalf of the Master, in accordance with objectives defined in Guideline B3.1.11, paragraph 1 of the Maritime Labour Convention.
   
   
5. This Article shall also apply to the ships referred to in Articles 1.3(a) and 1.3(c).

Article 3.22 - Derogations based on substantial equivalence

1. The Minister may allow derogation from Article 3.1, Article 3.3, paragraphs 1 and 4, Article 3.8, Article 3.10, Article 3.12, Article 3.13, paragraphs 1 to 5 and Article 3.15, paragraphs 1 and 2 for:
   
   
   1. foreign ships sailing under the Dutch flag and for which the keel was laid on or after the date on which paragraph 3 of this Regulation entered into force;
      
      
   2. ships with an innovative design or innovative construction method.
      
      
2. A derogation, as referred to in paragraph 1, shall only be granted after consultation with the relevant shipowners' and seafarers' organisations and subject to certain substantially equivalent provisions referred to in Article VI, paragraph 3 of the Maritime Labour Convention.

Article 3.23 - Procedure for construction or renovation of a ship

1. Before the start of construction of a ship or a renovation or other alteration that affects the requirements relating to on-board accommodation and facilities, a plan for this shall be submitted to the Minister. This plan shall contain the following elements:
   
   
   1. location and general layout of the accommodation;
      
      
   2. manner of compliance with the requirements applicable to the ship in question and as referred to in Articles 3.1, 3.3, 3.8, 3.10, 3.12, 3.13, 3.15, 3.18 and 3.19;
      
      
   3. any requests for exemptions under Article 3.2, Article 3.7, paragraphs 1 and 3 to 7, Article 3.9, paragraphs 2 and 3, Article 3.11, paragraph 1, Article 3.14, Article 3.16 and Article 3.17;
      
      
   4. the possible application of the substantially equivalent provisions referred to in Articles 3.4, 3.5 and 3.6;
      
      
   5. the possible application of the derogations referred to in Article 3.7, paragraph 2, Article 3.9, paragraph 1 and Article 3.11, paragraph 2; and
      
      
   6. any requests for the application of Article 3.22, indicating the provisions of this Article for which a derogation is being requested; and
      
      
   7. results of the consultation with the relevant shipowners' and seafarers' organisations, insofar as such consultation is required under the provisions in this paragraph.
      
      
2. The construction, renovation or other alteration referred to paragraph 1 may not be commenced until the plan referred to paragraph 1 is approved and any necessary exemptions and permissions have been granted. Construction, renovation or alteration shall be carried out in accordance with the approved plan.

§ 04 Food and drinking water

§ 4 - Food and drinking water

[Entry Into Force 20-08-2013]

Ingangsdatum: 20-08-2013

§ 4 - Food and drinking water

Article 4.1 - Food

1. For the provisioning of a ship with food in compliance with the requirements referred to in Article 48a of the Act, the types and amounts of food shall be determined based on:
   
   
   1. the number of seafarers on board;
      
      
   2. the duration of the voyage;
      
      
   3. the nature of the voyage;
      
      
   4. the possibility of replenishing supplies at ports of call; and
      
      
   5. the religious background and cultural practices of the seafarers.
      
      
2. The food supplies shall be stored in the storerooms referred to in Article 3.18, paragraph 3.
   

Article 4.2 - Drinking water

1. For supplying a ship with drinking water, the required amount shall be determined based on criteria mentioned in Article 4.1, paragraph 1 as well as the possibility of replenishing supplies during the voyage with the help of a system for producing drinking water.
   
   
2. In case of unforeseen circumstances during the voyage, the Master may ration the amount of drinking water per seafarer.
   
   
3. Drinking water shall be stored in the containers referred to in Article 3.18, paragraph 4 or other suitable tanks which are kept clean and closed in order to prevent contamination by foreign substances.
   
   
4. The drinking water shall be fed into the drinking water tank only
   
   
   1. by means of a supply hose that is kept free from the quay;
      
      
   2. after the water has flowed from supply hose at full supply pressure for at least one minute;
      
      
   3. if the following substances are added, per tonne of drinking water, while loading the tank:
      
      
      1. ° a certain amount of stabilised hypochlorite, resulting in the release of at least 0.7 gram of free chlorine per tonne or
         
         
      2. ° a certain amount of stabilised hypochlorite with a certain amount of ammonium salt, resulting in the creation of at least 2.5 grams of monochloramine (NH2Cl) per tonne or
         
         
      3. ° a certain amount of a substance approved by the Minister, resulting in the release of at least 0.7 gram of free chlorine per tonne of water; and
         
         
   4. if the substances referred to in (c) are properly mixed into the drinking water.
      
      
5. A drinking water tank entered for inspection, maintenance or any another purpose shall be cleaned by filling the tank with drinking water containing 10 grams of free chlorine mixed per tonne of water. The drinking water tank shall only be supplied with drinking water if this water has been in the tank for at least 2 hours and has then been pumped out.

Article 4.3 - Gauging of drinking water tanks

1. Sounding rods or other instruments used to measure the remaining amount of drinking water in tanks must always be cleaned before use. They should be stored in a place with the least risk of contamination. If rustproof metal tapelines are used and these are stored in a box containing some formalin tablets, the separate cleaning process shall not be necessary.
   
   
2. The Master must ensure that the person responsible for carrying out the gauging washes his hands immediately before performing this task.

Article 4.4 - Salt and fresh water taps

1. In galleys and pantries, all drinking water taps must be labelled as 'drinking water' and all salt water taps as 'salt water'.
   
   
2. After leaving the port, the salt water pipe, used for washing kitchen and mess utensils, must be flushed outside the three-mile limit for a considerable period of time before it can be used for dish-washing purposes.

Article 4.5 - Maximum quantity of liquor

The supply of liquor on board shall not be greater than 0.1 litre per seafarer per day at sea. The number of days at sea shall be counted from the day of departure to the day of arrival at the next port at which the ship's supplies are to be replenished as defined in Article 4.1, paragraph 1(d).

Article 4.6 - Inspection

1. An inspection, as referred to in Article 48a, paragraph 3 of the Act, shall be carried out at least once a month in accordance with the provisions of Standard A3.2, paragraph 7 of the Maritime Labour Convention.
   
   
2. The findings of the inspection shall be recorded in the ship's log.
   
   
3. For carrying out an inspection of the drinking water, all necessary hygiene-related measures shall be taken in order to prevent contamination of the water.
   

§ 05 Maritime Labour Certificate and Declaration of Maritime Labour Com-pliance

§ 5 - Maritime Labour Certificate and Declaration of Maritime Labour Compliance

Ingangsdatum: 01-11-2012

§ 5 - Maritime Labour Certificate and Declaration of Maritime Labour Compliance

Article 05.01 Contents of the Declaration of Maritime Labour Compliance Part I

Ingangsdatum: 01-11-2012

Article 5.1 - Contents of the Declaration of Maritime Labour Compliance Part I

1. A Declaration of Maritime Labour Compliance Part I shall contain the elements referred to in Standard A5.1.3, paragraph 10(a) of the Maritime Labour Convention and be drawn up with due observance of Guideline B5.1.3, paragraphs 1 and 4 of the Maritime Labour Convention.
   
   
2. The model referred to in Article 5.8, paragraph 3 shall contain a list of the requirements referred to in Article 48c, paragraph 1 of the Act applicable to the ships in question. In addition, with regard to the provisions relating to accommodation and facilities for seafarers, a distinction shall be made between the different types of ships referred to in Article 1.1, categories of ships referred to in Article 1.3, tonnage and date of construction of the ship.

Article 05.02 Contents of the Declaration of Maritime Labour Compliance Part II

Ingangsdatum: 01-11-2012

Article 5.2 - Contents of the Declaration of Maritime Labour Compliance Part II

1. The Declaration of Maritime Labour Compliance Part II shall indicate the following:
   
   
   1. measures and procedures to ensure continued compliance with the require-ments referred to in Article 48c, paragraph 1 of the Act and the proposed measures for continuously improving the level of compliance;
      
      
   2. measures to be taken in case of non-compliance with the requirements referred to in Article 48c, paragraph 1 of the Act; and
      
      
   3. the persons designated to implement the measures and procedures referred to in subparagraphs (a) and (b).
      
      
2. The Declaration of Maritime Labour Compliance Part II shall be prepared in accordance with standards defined in Guideline B5.1.3, paragraphs 2, 3 and 4 of the Maritime Labour Convention.

Article 05.03 Inspection, validity and renewal of the Maritime Labour Certificate

Ingangsdatum: 01-11-2012

Article 5.3 - Inspection, validity and renewal of the Maritime Labour Certificate

1. A Maritime Labour Certificate shall be valid for five years.
   
   
2. For the purpose of issuing a Maritime Labour Certificate, the following actions shall be performed during an intermediate inspection as referred to in paragraph 3 and during a renewal inspection as referred to in paragraph 4:
   
   
   1. it shall be examined whether the ship complies with the requirements referred to in Article 48c, paragraph 1 of the Act and the provisions defined in the applicable Declaration of Maritime Labour Compliance Part I; and
      
      
   2. it shall be assessed whether the Declaration of Maritime Labour Compliance Part II complies with the provisions of Article 5.2 and whether, based on the contents of this Declaration, it is sufficiently ensured that the requirements referred to in subparagraph (a) as applicable to the ship in question, are being complied with on a continuous basis.
      
      
3. During the period of validity of the Maritime Labour Certificate, the ship shall be subjected to an intermediate inspection that shall take place between the second and third anniversary date of the Certificate. A successful intermediate inspection shall be indicated on the Certificate.
   
   
4. The inspection for renewing a Maritime Labour Certificate shall take place prior to the fifth anniversary date of the Certificate. If the renewal inspection is completed within three months prior to the expiry date of the existing Certificate, the new Maritime Labour Certificate shall be valid from the date of completion of the renewal inspection for a period of a maximum of five years after the expiry date of the existing Certificate. If the renewal inspection is completed more than three months prior to the expiry date of the existing Certificate, the new Maritime Labour Certificate shall be valid for five years from the date of completion of the renewal inspection.

Article 05.04 Inspection Report

Ingangsdatum: 01-11-2012

Article 5.4 - Inspection Report

1. The results of an inspection as referred to in Article 5.3 shall be recorded in an Inspection Report by the concerned official or an entity acting on behalf of a legal entity. Any serious shortcomings shall also be explicitly indicated in this Report. The date on which it is determined that a serious shortcoming has been remedied shall also be recorded in the Inspection Report.
   
   
2. A copy of the Inspection Report shall be provided to the Master. This report shall be drawn up in the working language of the ship and in English, if the working language is not English and the ship is engaged in international voyages.
   
   
3. On request the Master shall provide a copy of the Inspection Report, Maritime Labour Certificate and Declaration of Maritime Labour Compliance, drawn up in English or in the working language of the ship, to the officials designated under Article 48d of the Act, to the inspectors of a port State or to the shipowners' and seafarers' representatives.
   

Article 05.05 Conditions for issuing interim certificates

Ingangsdatum: 01-11-2012

Article 5.5 - Conditions for issuing interim certificates

1. An Interim Maritime Labour Certificate may be issued for:
   
   
   1. new ships on delivery;
      
      
   2. ships flying under the flag of the Kingdom;
      
      
   3. ships that come under the management of a different shipowner.
      
      
2. An Interim Maritime Labour Certificate may be issued only once for a maximum period of 26 weeks.
   
   
3. By way of derogation from Article 5.2, paragraphs 1(a) and 1(b), the measures and procedures referred in the Declaration of Maritime Labour Compliance Part II shall be indicated as far as possible. The shipowner shall show that the Master is aware of the requirements of the Maritime Labour Convention and his responsibilities with regard to the implementation of and compliance with the rules and procedures applicable to the ship in question for the enforcement of the Maritime Labour Convention.
   
   
4. With a view to issuing an interim certificate, as referred to in paragraph 1, the ship shall be subjected, in parts, to an inspection as referred to in Article 5.3, paragraph 2(a).

Article 05.06 Application for a Maritime Labour Certificate and Interim Maritime Labour Certificate

Article 5.6 - Application for a Maritime Labour Certificate and Interim Maritime Labour Certificate

1. An application for a Maritime Labour Certificate or Interim Maritime Labour Certificate shall be submitted in writing to the official or legal entity designated thereto under Article 48d, paragraph 1 of the Act. In addition, the shipowner shall provide the following information and documents:
   
   
   1. name of the ship;
      
      
   2. IMO number of the ship;
      
      
   3. name of the shipowner;
      
      
   4. technical details of the ship, including the plans as approved under Article 3.23 or a certificate as referred to in article 5.3, paragraph 5;
      
      
   5. date of laying the keel.
      
      
2. Based on the information referred to in paragraph 1, the shipowner shall receive a Declaration of Maritime Labour Compliance Part I, on the basis of which the shipowner shall prepare a Declaration of Maritime Labour Compliance Part II which is in accordance with the provisions of Article 5.2 and Article 5.8, paragraph 4 and, where applicable, Article 5.5, paragraph 3.
   
   
3. After the official or legal entity referred to in paragraph 1 has received the Declaration of Maritime Labour Compliance Part II, the inspections referred to in Article 5.3 or Article 5.5, paragraph 3 shall be carried out.

Ingangsdatum: 01-04-2013

Article 5.6 - Application for a Maritime Labour Certificate and Interim Maritime Labour Certificate

1. An application for a Maritime Labour Certificate or Interim Maritime Labour Certificate shall be submitted in writing to the official or legal entity designated thereto under Article 48d, paragraph 1 of the Act. In addition, the shipowner shall provide the following information and documents:
   
   
   1. name of the ship;
      
      
   2. IMO number of the ship;
      
      
   3. name of the shipowner;
      
      
   4. technical details of the ship, including the plans as approved under Article 3.23;
      
      
   5. date of laying the keel.
      
      
2. Based on the information referred to in paragraph 1, the shipowner shall receive a Declaration of Maritime Labour Compliance Part I, on the basis of which the shipowner shall prepare a Declaration of Maritime Labour Compliance Part II which is in accordance with the provisions of Article 5.2 and Article 5.8, paragraph 4 and, where applicable, Article 5.5, paragraph 3.
   
   
3. After the official or legal entity referred to in paragraph 1 has received the Declaration of Maritime Labour Compliance Part II, the inspections referred to in Article 5.3 or Article 5.5, paragraph 4 shall be carried out.

Article 05.07 Expired certificate when ship is diverted from its intended use

Ingangsdatum: 01-11-2012

Article 5.7 - Expired certificate when ship is diverted from its intended use

Notwithstanding the provisions of Article 48e of the Act, the Maritime Labour Certificate issued to the ship shall expire if:

1. the ship is diverted from its intended use, as a result of which it is no longer used as a ship;
   
   
2. there is a change in the intended use of the ship without any renovation or alteration of the layout having taken place as referred to in Article 48e, paragraph 1(a) of the Act.

Article 05.08 Models

Ingangsdatum: 01-11-2012

Article 5.8 - Models

1. The model of the Maritime Labour Certificate is included in Appendix B of this Regulation.
   
   
2. The model of the Interim Maritime Labour Certificate is included in Appendix C of this Regulation.
   
   
3. The model of the Declaration of Maritime Labour Compliance Part I is included in Appendix D of this Regulation.
   
   
4. The model of the Declaration of Maritime Labour Compliance Part II is included in Appendix E of this Regulation.
   
   
5. The documents referred to in paragraphs 1 to 4 shall be valid only if they are prepared in accordance with the models included in the Appendices to this Regulation and if they are truthfully filled in.

Article 05.09 Recognition of organisations

Ingangsdatum: 01-11-2012

Article 5.9 - Recognition of organisations

1. A recognition, as referred to in Article 48d, paragraph 4 of the Act, may be granted to legal entities that comply with the following criteria:
   
   
   1. the legal entity has a certified quality system that safeguards procedures as well as the management of all documentation relating to the inspections for which the appointment is applicable;
      
      
   2. the legal entity has access to a worldwide network of sufficient numbers of qualified employees with adequate and up-to-date knowledge of the Maritime Labour Convention and the Dutch legal requirements for the issuance of a Maritime Labour Certificate, as well as experience relating to the inspection of ships; and
      
      
   3. the legal entity has independent business operations and may be held accountable for this.
      
      
2. A legal entity, as referred to in paragraph 1, shall maintain offices in the Netherlands and should have entered into an agreement with the State regarding the tasks it performs as part of the appointment. This agreement shall include the subjects mentioned in Guideline B5.1.2 of the Maritime Labour Convention.
   
   
3. Legal entities recognised under Regulation (EC) No. 391/2009 of the European Parliament and the Council of 23 April 2009 shall be deemed as having complied with the recognition criteria referred to in paragraphs 1(c) and 2.
   
   
4. This recognition shall be granted for an indefinite period of time. The recognition may be withdrawn if the legal entity, to which the recognition has been granted, no longer complies with one of the criteria mentioned in paragraph 1.
   
   
5. A decision to grant or withdraw recognition shall be published in the Government Gazette.

Article 05.10 Appointment of recognised legal entities

Ingangsdatum: 01-11-2012

Article 5.10 - Appointment of recognised legal entities

1. A legal entity, duly recognised in accordance with Article 5.9 and appointed under Article 6, paragraph 2 of the Shipping Act, may request the Minister to grant it an appointment as referred to in Article 48d, paragraph 1 of the Act.
   
   
2. An appointment shall be revoked if the recognition referred to in Article 5.9 is withdrawn.
   
   
3. An appointment may be revoked if the appointed legal entity acts in violation of a rule associated with the appointment or in violation of the agreement referred to in Article 5.9, paragraph 2.
   
   
4. An appointment may be suspended if an act or omission on part of the appointed legal entity could entail or has entailed a serious safety risk.

 

§ 06 Register

§ 6 - Register

Ingangsdatum: 01-11-2012

§ 6 - Register

Article 06.01 Recording of information in the Central Inspection Register

Ingangsdatum: 01-11-2012

Article 6.1 - Recording of information in the Central Inspection Register

1. After conducting an inspection as referred to in Article 5.3, paragraph 2,3 or 4, the concerned official or the person acting on behalf of a legal entity shall record the following information in the Register referred to in Article 65, paragraph 2 of the Act:
   
   

   a.	name of the ship;
   b.	IMO number of the ship;
   c.	name of the shipowner;
   d.	name of the official designated under Article 48d, paragraph 1 of the Act or the entity which has carried out the inspection on behalf of the legal entity;
   e.	date and place of the inspection;
   f.	results of interviews with seafarers on board;
   h.	information regarding possible violations of legislation, sanctions imposed and detention of the ship;
   i.	reported accidents.

   
   

    

2. Legal entities appointed under Article 48d, paragraph 1 of the Act shall ensure that inspection information referred to in paragraph 1 is recorded in the Register in the manner prescribed by the Minister for this particular appointment.
   

3. The Minister shall, within six months after the end of each calendar year, publish a report on the inspections carried out during the year in question.

§ 07 Complaints procedures

§ 7 - Complaints procedures

[Entry Into Force 20-08-2013]

Ingangsdatum: 20-08-2013

§ 7 - Complaints procedures

Article 7.1 - Complainant

In this paragraph, the term "complainant" shall mean a seafarer who submits a complaint in accordance with a complaints procedure referred to in Article 69a, paragraph 1 of the Act or the rules referred to in Article 69b, paragraph 2 of the Act.

Article 7.2 - Complaints procedure on board

1. A procedure, as referred to in Article 69a of the Act, shall include at least the following information:
   
   
   1. the person or persons on board to whom a complaint may be submitted besides the Master, to whom complaints may in any case be submitted;
      
      
   2. to which shipowners' representative who is not part of the seafarers on board a complaint may be submitted;
      
      
   3. contact details for the submission of a complaint as referred to in Article 7.3;
      
      
   4. the name of one or more confidential advisers on board who can impartially advise seafarers regarding the submission of a complaint, can assist complainants with the complaints procedure and help prevent adverse treatment of the seafarer due to the fact that he or she has submitted a complaint; and
      
      
   5. the procedure under which a complaint shall be handled, with due regard for Guideline B5.1.5, paragraph 2 of the Maritime Labour Convention.
      
      
2. The complaints procedure referred to in paragraph 1 shall not impose any limits on the right of the complainant:
   
   
   1. to be accompanied or represented by someone;
      
      
   2. to submit his or her complaint directly at any time to the Master or shipowner's representative referred to in paragraph1(b);
      
      
   3. to submit complaints regarding an alleged violation of the Maritime Labour Convention.

Article 7.3 - Handling of complaints onshore

1. A complaint, as referred to in Article 69b of the Act, shall be submitted to an official of the Human Environment and Transport Inspectorate (Inspectie Leefomgeving en Transport) designated thereto by the Minister. This official shall ensure that the complaint is handled in a confidential manner.
   
   
2. If a recognised legal entity, as referred to in Article 5.9, receives notification of a complaint, it shall ensure that the complaint is submitted to the official referred to in paragraph 1.
   
   
3. Written complaints should be addressed to the Human Environment and Transport Inspectorate, via:
   
   
   1. postal address: PO Box 16191, IPC 525, 2500 BD The Hague, The Netherlands; or
      
      
   2. the website: http://www.ILenT.nl.
      
      
4. A complaint shall be admissible if:
   
   
   1. it concerns an alleged violation of the Maritime Labour Convention or an alleged unlawful order of the Master;
      
      
   2. the incident related to the complaint has taken place less than six months ago;
      
      
   3. it is submitted in English or in Dutch; and
      
      
   4. it contains sufficiently detailed information to enable an investigation into the complaint.
      
      
5. The complainant shall be informed, as soon as possible after the submission of the complaint, whether or not the complaint is admissible.
   
   
6. If the complaint is admissible:
   
   
   1. it shall be determined whether this concerns an individual or general complaint and the matter of the complaint shall be investigated;
      
      
   2. the complainant shall be asked if he or she wishes to maintain his complaint if, given the nature of the complaint, his or her anonymity cannot be guaranteed;
      
      
   3. it shall be determined whether the complaints procedure referred to in Article 69a of the Act has been followed and if this is not the case, the complaint shall not be handled further, unless it appears that the complainant has not availed him- or herself of the complaints procedure for fear of the consequences thereof or for any of the other valid reason referred to in Guideline B5.2.2, paragraph 4;
      
      
   4. it shall be examined why the complaints procedure, as referred to in Article 69a of the Act, has failed to resolve the complaint;
      
      
   5. if the nature of the complaint and the necessary guarantees for the complainant permit this, the Master, shipowner and any other persons involved in the complaint shall be given the opportunity to make their standpoint known;
      
      
   6. it shall be determined whether the complaint can be easily resolved on board;
      
      
   7. if necessary, a complaint shall be investigated by exercising the supervisory powers referred to in Chapter 5 of the Act or in the context of an inspection referred to in Article 5.3, in which case no mention is made of the fact that the investigation is the result of a complaint;
      
      
   8. the conclusion and any measures based on the investigation of the complaint shall be communicated to the complainant or to a contact person or interest group specified by the complainant, in such a way that the desired anonymity of the complainant is respected.

• Informatietype: Wet- en regelgeving (NL)
• Documentsoort: Ministeriële regeling
• Toegangsrechten: Intern
• Identificatie: PUC_3113_14
• Versie: 3
• Datum beschikbaarheid: 26-11-2013
• Geldigheid van: 20-08-2013
• tot en met: 01-07-2015
• Wijzigingsdatum: 25-05-2021
• Titel: Regulation Seafarers (uncontrolled version)
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Onderwerp: Bemanning / Manning; Arbeidsomstandigheden / Labour conditions
• Hoofdtaak: Koopvaardij / Merchant Shipping
• Thema: Zeevaart / Seagoing ships / Mandatory Regulations / National Instruments (Mandatory) / Ministeriële regelingen / Ministerial orders