Netherlands: Reporting and procedure for non-compliance

The Dutch Ministry of Infrastructure and Water Management has issued an instruction for reporting and procedures for non-compliance.

This instruction was issued on 31 July 2023 and entered into force on 1 August 2023.

Introduction

Chapter 6 of the Agreement dated 03 April 2014 between the Administration of the Netherlands and Recognised Organization (RO) deals with specific requirements related to interpretations, equivalents, and exemptions.

This chapter aims to provide detailed procedures and conditions for approving equivalent arrangements, exemptions, or temporary non-compliance for existing ships, flagging in, and new buildings.

Additionally, article 5.4 (and 6.8) of the Agreement outlines the procedures to be followed if an existing ship is found to substantially deviate from its certificates or is not fit for safe navigation.

Items substantially not in accordance with certificates

Resolution A.1155(32) - Procedures for Port State Control, 2021, Appendix 2, Chapter 5 ('Detainable deficiencies') serves as the basis for interpreting the concept of substantial non-compliance with certificates.

This list includes examples of items that must be reported to the NSI (Netherlands Shipping Inspectorate) and rectified before the ship can proceed to sea.

The list is not exhaustive, and any item not listed but deemed non-compliant must also be reported to the NSI.

Dealing with deviations

When a ship is found to be substantially non-compliant with its certificates or unfit for safe navigation, the RO surveyor must ensure that necessary measures are taken immediately to rectify the defects before departure.

Failure to take corrective action may result in the RO withdrawing the certificate in consultation with the NSI.

If temporary non-compliance with statutory requirements occurs, the RO should consult with the NSI before accepting measures or supplementary equipment proposed by the shipowner to allow the ship to proceed to a suitable port for permanent repairs.

Procedure for deviations

1. For conditions substantially not in accordance with certificates or requiring an exemption, equivalent arrangement, or similar action:
   • The shipowner or shipyard must submit a well-founded proposal to the RO.
   • The RO reviews the proposal, including plan approvals, and forwards its recommendation and suggested conditions to the NSI for approval.
   • The well-founded proposal, along with any recommended exemptions or arrangements, is sent to the NSI for agreement or rejection.
   • For exemptions to be reported to the IMO or EU, the RO must provide the definitive exemption certificate and relevant documents to the NSI.
2. For deviations found substantially in accordance with certificates:
   • The RO verifies that minor deficiencies are corrected within a specified time period, and such deviations do not need to be reported to the NSI.

For more information, please see the documents below (available only to subscribers):

Reporting and Procedure for Non-Compliance

Procedures for Port State Control, 2021