1 Purpose
This Instruction provides guidance and, where necessary, instructions in the process of laying up and re-commissioning of a Netherlands registered and certified seagoing commercial vessel for ship owners and Recognized Organizations.
2 Application
2.1. This Instruction applies to all Netherlands registered and certified seagoing commercial vessels which are to be laid up and re-commissioned.
2.2. The Netherlands Shipping Inspectorate (NSI) has authorized the relevant Recognized Organization(s) (RO’s) and Recognized Security Organization (RSO’s) to perform surveys and the issuance of statutory certificates. Reference is the agreement between NSI and the RO’s and RSO’s. International Safety Management (ISM) may be certified by another RO than the RO classing the vessel.
3 General
3.1. The R(S)O has to be informed by the Company before the ship is laid-up, and the NSI has to be informed in turn by the R(S)O, by e-mail (NSI-TEZ-KV@ilent.nl).
3.2. If no notification is received by NSI from the RO, the NSI will assume that the vessel is trading normally or idle and maintaining a full regime of certification, surveys and inspections, including normal manning for such operations.
3.3. Failure to notify the relevant R(S)O of a vessel entering lay-up, or to maintain a safe and secure lay-up, will be regarded as a serious ISM non-conformity and ISPS deficiency. When ISM and/or ISPS are/is not applicable, non reporting effects the risk factor for additional flag state control.
3.4. The R(S)O has to be informed by the company regarding the proposed length of the lay-up.
3.5. In general the R(S)O's have lay-up classification requirements, procedures and instructions in place. These lay-up classification requirements, procedures and instructions applied by the R(S)O’s should be followed. Failure to do so may result in suspension of the ship's class. (see also 4.2).
4 Surveys and certification
4.1. Statutory certification is normally only required when vessels are trading. Therefore, depending upon the proposed length of the lay-up and taking into account any requirements of the port- or coastal State of the lay-up location, the Company should consider whether to have the required statutory surveys carried out and satisfactorily completed, in order to maintain the validity of these statutory certificates.
4.2. R(S)O's have classification requirements and procedures for laying up vessels and, bearing in mind that one provision is that vessels remain in Class, compliance with those requirements will be required to maintain such.
4.3. If a vessel is laid up for a prolonged period and the required statutory surveys are not carried out, the R(S)O may decide fo suspension or withdrawal of statutory certificates as long as this is compatible with the location and the requirements of the port- or coastal State.
5 International Safety Management Code
5.1. The care of a vessel during lay-up should remain with the International Safety Management (ISM) Company. The NSI will accept the suspension of the ISM certification of the vessel provided that:
i. all requirements of the port- or coastal State are met;
ii. all (classification) requirements of the Recognized Organization are met;
iii. depending on the type of lay-up a minimal safe manning is agreed upon by the port- and coastal State and NSI; and
iv. emergency procedures are in place for the minimal safe manning / crew remaining on board.
In case no manning is required under i., ii. or iii., the requirement under iv. is not applicable.
5.2. The audit requirements on reactivation of the vessel will depend on the duration of which the the vessel is laid up and will be based on IMO MSC-MEPC.7/Circ.9. In general, lay-up in excess of 6 months will require interim certification in accordance with ISM Code 14.4.
6 International Ship and Port Facility Security Code
6.1. The continued validity of the vessel's International Ship and Port Facility Security (ISPS) certification will be an important element in the reactivation of the vessel. The Ship Security Plan (SSP) for which the vessel is equipped with the International Ship Security Certificate (ISSC) shall be maintained during the lay-up situation. This will aim at keeping the ship secure during the lay-up period and may avoid undesired security risks when the ship is reactivated.
6.2. Specific procedures may need to be added to the SSP depending upon the extent or "depth" of the lay-up. In each case this will be managed and audited by the RSO, which will correspond directly with the NSI wherever clarification is necessary.
6.3. Where the circumstances exist, as described in paragraph 5.1, the Company must communicate with the RSO to ensure that the SSP covers that operation. In that respect, the SSP shall indicate the required security personnel on board.
6.4. If the vessel is integrated into the Port Facility Security Plan (PFSP), the records of suspension and subsequent reactivation of the ISSC should clearly reflect that in order to demonstrate continuity of security. If the ship is laid up within the port which is ISPS relevant then she shall be integrated into the PFSP. However this is the responsibility of the Port Facility Security Officer (PFSO).
7 Long Range Identification and Tracking
7.1. Normal procedures for Long Range Identification and Tracking (LRIT) will apply. If the LRIT equipment is deactivated or switched off, the Netherlands Coast Guard Centre should be informed.
8 Manning and Maritime Labour Convention
8.1. When a vessel is laid up, normal manning may be reduced appropriate to the status and operational requirements of the vessel and in principle, the Minimum Safe Manning Document (MSMD) valid for the trading ship does not apply to the ship in lay-up condition and is considered suspended. Any reduction in manning should be considered, by the vessels Company / Owner, in consultation with the relevant port- or coastal State Authority and the requirement as per paragraph 6.3.
8.2. In some cases, the port- or coastal State Authority may wish to have the manning level in lay-up approved by the NSI. The Company should then submit a well-motivated proposal to the NSI (nsi@ILenT.nl).
8.3. When drafting such a proposal, as per instruction under 8.2, the NSI recommends that the following should be considered, by the vessels Company / Owner, when assessing an appropriate manning level:
i. a suitably qualified person should remain in charge of the vessel for the proposed lay-up period and that the manning available should include sufficient numbers of trained persons to meet any emergency situation. In such circumstances, communication must be maintained with the local authorities so that further assistance may be immediately obtained when required;
ii. the location of the vessel;
iii. the equipment and systems remaining in operation;
iv. the method by which the vessel is kept in position (moorings, anchorage, etc.); and
v. local authorities requirements.
In the event that the proposal is to the satisfaction of the NSI, the NSI will proceed to issue a declaration stating agreement with said proposal.
8.4. Even in cases where the Maritime Labour Convention (MLC) certification cannot be maintained during lay-up condition, the provisions of the MLC remain in place, as persons living on board during lay-up are considered Seafarers. The standards A2.1 ‘Seafarers Employment Agreements’ (SEA) must be in place. All conditions mentioned in the SEA remain in force such as, but not limited to, a regular payment of the wages, sufficient rest hours, employers’ liability for the crew and repatriation.
Even though below items should be in place, given the information above, following items are imperative:
- Adequate provision of, or access to, potable water;
- Adequate provision of, or access to, fresh food;
- Adequate provision of, or access to, cooking, cleaning, washing, sanitary and laundry facilities;
- Arrangements for access to medical facilities, particularly for any emergencies;
- Adequate heating, ventilation and lighting facilities;
- Appropriate working clothes and personal protective equipment shall be provided, without charge to those onboard; and
- ILO requirements remain in place (e.g. lone working should be avoided).
Note:
- The seafarers who remain on board must have a valid medical certificate, valid STCW Certificates of Competency (CoC) and valid STCW Certificates of Proficiency (CoP)
- The days worked as a seafarer on a vessel which is laid up may be used as seagoing service for the revalidation of the CoC.
9 Re-commissioning
9.1. This will be a matter for the Recognized Organization and the Company to consider. While re-commissioning the vessel, the manning must be kept under review taking into account the reactivation of machinery and equipment and the associated hazards.
9.2 R(S)O must fully certify the vessel before the vessel resumes trade.
The R(S)O should inform the NSI when the vessel is provided with the necessary certificates and documents to resume trade.
All previously withdrawn, suspended or outdated certificates, audits and inspections are to be revalidated and the manning restored to that required by the MSMD before the vessel sails from her position of lay-up.
9.3 In order to get the vessel under full certification, the following procedures are to be followed:
1) When all statutory certificates remain valid and all periodical surveys and audits are carried out within the required window, no additional surveys are required.
2) When statutory certificates lose their validity or are suspended, a restore procedure is to be applied. The extent of the survey / audit depends on the period the validity was expired or suspended. In case the reactivation is between the date of issue and intended
periodical / intermediate survey date, the survey scope shall be of an intermediate / periodical survey.
Reactivation after the intended window for intermediate / periodical shall be in the scope of a renewal. In case the R(S)O deviates from this scope of statutory survey, a well-founded proposal has to be submitted to the NSI.
Reference is made to the IMO Res.A.1140(31) , as amended, paragraph 5.5: Application of "special circumstances".
3) Depending on the date of the bottom survey ( if out of range with the date of validity of the Safety Construction- , Safety Equipment- or National Safety Certificate), the special survey date may be changed. Reference is made to the IMO Res.A.1140(31) as amended, paragraph 5.5: Application of "special circumstances".
4) If the re-commission cannot be completed on lay-up site (e.g. requires dry-docking), the company shall contact the relevant RO and apply for a single voyage short-term certificate. The RO shall submit a well-founded proposal, based on the provisions of IACS Procedural Requirement PR 1C , A.1.8, which has to be accepted by the NSI.
5) If the vessel has been laid-up for more than six months without crew on board, an additional verification in relation to MLC compliance with scope of interim verification is required prior to its return to normal service.