Coronavirus (COVID-19) Contingency Plan and Guidelines - Revision 12

1 Scope

Unless otherwise stated, this contingency plan applies to all ships flying the flag of the Netherlands (including fishing trawlers > 75 meters) as well as holders of Certificates of Competency and Proficiency issued by or on behalf of the Netherlands

Ships shall remain subject to the existing regime of statutory surveys and certifications as per Harmonized System of Survey and Certification (HSSC, as amended).

Crews shall remain subject to certification and training.

In exceptional cases where various attempts have been made to meet the requirements for both the ship and/or the crew without success, due to COVID-19 related restrictions, the provisions of this contingency plan may be applied.

Whilst compiling the contingency plan, the Human Environment and Transport Inspectorate has taken into account IMO Circular Letter No.4204, and its addenda, as revised.

2 Background

Since the pandemic of the coronavirus disease in 2019 (hereafter referred to as 'COVID-19'), the Human Environment and Transport Inspectorate has received inquiries from ship-owners and Recognized Organizations (ROs) regarding postponement of inspections and extending the validity of mandatory certificates due to difficulties caused by the COVID-19 pandemic. This includes an extension of statutory certificates, postponement of bottom inspections (as a result of unavailable dry-dock facilities), timely completion of ISM Internal Audits and ISM/ISPS/MLC periodical verifications on board ships as well as at the office (DOC-audits). Periodical verifications include the annual, periodical, intermediate, additional and renewal verifications. Interim and initial verifications are however excluded and, shall be dealt with on a case-by-case approach.

Certificates of Competency, Certificates of Proficiency and Minimum Safe Manning Documents are taken into account as well.

Travelling, both nationally and internationally, to some countries is occasionally difficult where travel bans are applicable. Combined travel restrictions given by governments and companies, especially where ships operate in a specific region only, can sometimes still cause difficulties.

Since circumstances have however vastly improved, most of the earlier measures are phased out.

3 Ship certificates and surveys

This paragraph has been withdrawn per June 30th, 2022.

A Statutory ship certificates requiring an extended validity

This paragraph has been withdrawn per June 30th, 2022.

Application to specific ship types

This paragraph has been withdrawn per June 30th, 2022.

Reporting

This paragraph has been withdrawn per December 31st, 2021.

B Statutory ship certificates requiring a prolonged extension beyond 3 months

This paragraph has been withdrawn per December 31st, 2021.

C Remote verification (remote audits / remote surveys)

This paragraph has been withdrawn per June 30th, 2022.

D Ballast Water Management Convention

This paragraph has been withdrawn per March 31st, 2022.

E Ship recycling

This paragraph has been withdrawn per December 31st, 2021.

4 Musterlists and drills on board passenger ships

Musterlists

This paragraph has been withdrawn per March 31st, 2022.

Drills

This paragraph has been withdrawn per March 31st, 2022.

5 Maritime Declaration of Health in the Port of Rotterdam / Amsterdam

This paragraph has been withdrawn per March 31st, 2022.

6 Exemptions to the Minimum Safe Manning Document (MSMD)

If a crew member needs to leave the ship due to urgent circumstances and cannot be replaced immediately due to COVID-19 travel restrictions, a dispensation can be requested for with the use of the form: 'Application for temporary exemption for crew composition', which can be downloaded from:

• for English, or

• for Dutch.

Subject temporary dispensation for the crew composition shall clearly state the reason for the request and provide a motivation on how the shipowner intends to operate subject vessel in a safe manner with less crew. If the temporary dispensation for the crew composition is related to COVID-19 travel restrictions the temporary dispensation will be free of charge.

7 Issue or Revalidation of a Dutch Certificate of Competency (CoC) or a Certificate of Proficiency (CoP) for tankers, Polar Code or IGF

This paragraph has been withdrawn per December 31st, 2021.

8 Seagoing service

This paragraph has been withdrawn per March 31st, 2022.

9 Dutch Seaman's Book

This paragraph has been withdrawn per June 30th, 2021.

10 Certificates of Proficiency (CoP)

1. Certificates of Proficiency (CoP) for ratings

CoPs for ratings of which the validity has been extended by a generic measure by the subject Administration will also remain to be accepted as valid for service on board Dutch flagged ships.

2. Acceptance of Certificates of Proficiency (CoP) issued by or on behalf of other administrations

Certificates of Proficiency issued by another administration, other than those issued under STCW Regulations V/I-1 and V/1-2, of which the validity has been extended by a generic measure by the subject administration will remain to be accepted as valid for service on board Dutch flagged ships.

11 Recognition of a Certificate of Competency (CoC) or Certificate of Proficiency (CoP)

1. Dutch recognitions issued before COVID-19 pandemic

   1. The Recognition of the CoC / CoP is still valid – no additional measures needed.

   2. The underlying CoC / CoP and therefore the Recognition has expired or will expire soon. If the validity of the underlying CoC / CoP is individually or generically extended by the national maritime authority, the validity of the Recognition is also extended automatically. No action required.

2. Application of a new or renewed Dutch recognition since the COVID-19 pandemic

   3. The national CoC / CoP is valid. An application for a Dutch recognition can be submitted according to the normal procedure at KIWA Register. The seafarer will automatically be granted a Certificate of Receipt of Application (CRA), valid for 3 months. If more time is needed for the verification, a second CRA will be issued. After the successful verification has taken place, a Dutch Recognition of the national CoC is issued.

   4. The national CoC / CoP has expired but it has been individually or generically extended by the national maritime authority. An application for a Dutch recognition can be submitted at KIWA Register. The seafarer will automatically be granted a Certificate of Receipt of Application (CRA), valid for 3 months or shorter if the extension is less than 3 months. The application will be put on hold until a new national CoC / CoP is issued

In case the validity of the national CoC / CoP is further extended, individually or generically, a new CRA will be issued to cover the further extension.

12 Seafarers with expired Certificates of Proficiency (= safety or security training)

This paragraph has been withdrawn per December 31st, 2021.

13 Seafarers with expired Certificates of Proficiency issued on behalf of the Netherlands (= medical training)

This paragraph has been withdrawn per December 31st, 2021.

14 Seafarer Medical Certificate

This paragraph has been withdrawn per March 31st, 2022.

15 Medical equipment

This paragraph has been withdrawn per December 31st, 2021.

16 Maritime Labour Convention (MLC 2006)

Seafarers who are onboard a ship beyond their Seafarer Employment Agreement (SEA) for reasons connected to COVID-19.

The Shipowner shall inform its seafarers at all times of the risks of infection, the reasons why they must remain on board, the protective measures which have been taken, the appropriate personal protective equipment that is provided and the arrangements for their repatriation.

A SEA shall remain valid until the seafarer has been repatriated. If the SEA has expired, the validity of the SEA must be extended or a new SEA shall be issued and the reasons for this decision shall be documented. The shipowner shall make sure that the seafarers are repatriated at the first available opportunity. A SEA can only be extended beyond 11 months if there is a mutual and documented consent of both the seafarer and the employer. The master may sign the extension of the SEA on behalf of the employer. The seafarer shall receive a copy of the extension of the SEA. The already accrued entitlement to paid annual leave continues to exist and continues to accrue during the extension of the SEA.

Joining and Repatriation of seafarers from ships

The instructions and restrictions issued by several affected countries is constantly updated.

Some Governments do still have national and local restrictions such as:

• Delayed port clearance;

• Prevention of crew or passengers from embarking or disembarking which makes shore leave and crew changes impossible;

• Prevention of unloading or loading cargo or stores, or taking on fuel, water, food and supplies;

• Imposition of quarantine or refusal of port entry to ships in extreme cases.

Passengers at airports can be screened before boarding an aircraft or they are obliged to fill in a health check questionnaire as well as a thermal scan test. The Master should verify with the local port authority if crew change or repatriation is possible.

It is important to note that, before or during the process of repatriation, any expense for medical care and board and lodging for periods spent by seafarers in self-isolation or in quarantine – whether the seafarers have symptoms, have been exposed or are quarantined as a safety precaution – must be covered by the shipowner / employer until the seafarers are considered to be duly repatriated, unless the expenses are assumed by public authorities in accordance with the applicable national legislation.

For more information, the ILO has provided:

1. Information note on maritime labour issues and coronavirus (COVID-19) (published February 3rd 2021);

2. New Statement of the Officers of the STC on the coronavirus disease (COVID-19) - 1 October 2020;

3. Statement of the Officers of the Special Tripartite Committee 1 on the coronavirus disease (COVID-19) regarding increased collaboration between shipowners and charterers to facilitate crew changes;

4. Resolution concerning the implementation and practical application of the MLC, 2006 during the COVID-19 pandemic (Geneva, 19–23 April 2021)

17 Shipowner liability

Shipping companies remain liable for costs pending repatriation such as medical care, crew transfer, isolation etc. If in doubt, please contact the financial security provider to confirm that the insurance or other financial security is in place for additional costs.

18 Port State Control

The Paris Memorandum of Understanding on Port State Control has issued the TEMPORARY GUIDANCE RELATED TO COVID-19 FOR PORTSTATE CONTROL AUTHORITIES (REV.6) on April 23rd, 2021 in which it is required that when a ship does not comply with the requirements of the surveys, inspections and audits contained in the relevant convention instruments, the ship must provide evidence to the Port State that the Flag State has agreed to an exceptional delay specific to COVID-19.

Upon request of the shipowner together with a copy of the extension of the SEA, a recent crew list and a repatriation plan, the ILT can issue a statement to the ship serving as written evidence of the flag State's authorization for that ship and its individual seafarers on board that ship to perform any period of service on board beyond the default 11 months. This request can be send to: [e-mail].

It is recalled that, in any way, a valid seafarers' employment agreement must remain in force until the seafarer is duly repatriated in accordance with Regulation 2.5 of the MLC, 2006.

There should also be evidence that the ship has a plan that covers how the ship will be brought back into the regular survey or audit cycle.

19 Ships which are not allowed to enter a port

If your ship is not allowed to enter a port, please contact the Human Environment and Transport Inspectorate for assistance (088-489 0000).

20 Important information

The Rijksinstituut voor Volksgezondheid en Milieu (RIVM) is leading in the response of the Netherlands to the Coronavirus (COVID-19) global outbreak. The latest news you can find here: https://www.rivm.nl/en/novel-coronavirus-covid-19.

Further information can be found on: the website of the World Health Organization and in the Circular(s) issued by the IMO and the ICS' (COVID-19) Guidance for Ship Operators for the Protection of the Health of Seafarers.

For questions regarding merchant shipping please contact: [e-mail] or 088-489 0000

For questions regarding fishery or sport fisherman's vessels please contact: [e-mail] or 088-489 0000

The Human Environment and Transport Inspectorate will notify the IMO secretariat, the relevant stakeholders such as Port State Control MoUs of this contingency plan and guidance.

For information about the vaccination program for seafarers please check: KVNR Vaccination Programme - Welcome

This contingency plan has been drawn up taking into account the current information available concerning the COVID-19 outbreak. Any significant developments necessitating a revision of this document will be considered by the Human Environment and Transport Inspectorate and implemented accordingly. In individual cases of force majeure in relation to the deleted paragraphs, the NSI can be contacted with a well-founded request for exemption.

Shipowners and managers are encouraged to make a printed copy of this COVID-19 Contingency Plan which can be found on www.ilent.nl and on puc.overheid.nl/nsi/ and keep this available on board the ship, which may be presented upon request to the relevant authorities.

• Informatietype: Informatie voor uitvoering
• Documentsoort: Richtlijn
• Toegangsrechten: Extern
• Identificatie: PUC_709774_14
• Versie: 13
• Datum beschikbaarheid: 17-11-2022
• Geldigheid van: 01-01-2023
• tot en met: 31-03-2023
• Wijzigingsdatum: 02-12-2022
• Titel: Coronavirus (COVID-19) Contingency Plan and Guidelines - Revision 12
• Organisatie: Inspectie Leefomgeving en Transport
• Taal: Engels
• Onderwerp: Veiligheid / Safety; Milieu / Environment; Bemanning / Manning; Beveiliging / Security; Aansprakelijkheid / Liability; Erkende organisaties / Recognised Organisations; Verantwoordelijkheden Maritieme Administratie / Responsibilities Maritime Administration
• Hoofdtaak: Koopvaardij / Merchant Shipping; Visserij / Fishery
• Thema: Zeevaart / Seagoing ships / Information / National Instruments - (Informative) / Guidance on force majeur situations