Frequently Asked Questions List existing vessels rev.

I, 11-2-2011

1. Question; Current Instructions appear to address only requirements concerning Life

Saving Appliances, Navigational systems and equipment. What about fire protection
(SOLAS II-2 items), stability and prevention of collisions ?

Answer;

1.Solas II-2, Construction, fire protection, detection, extinction, requirements;

For vessels with propulsion the current checklists, solely focus on the equipment which is
mentioned on the National Safety Certificate. Our instructions do not specifically deal
with Construction-, fire protection-, detection-, extinction-requirements.
For vessels without propulsion the current checklists do partly deal with the requirements
for Solas II-2, Construction, fire protection, detection, extinction. Please note that our
instructions state the following; "Note that the equipment on board may be accepted “as-
is” by the surveyor of the Classification Society, this however under the condition that it
is in good working condition.". Also an approved safety plan and Record of approved
safety equipment should be on board, which is why we have not further elaborated on
this subject.

For vessels >= 24 meter, the relevant SOLAS requirements are applicable and dependent
on the year of built, contract or date of keellaying, including retroactive requirements.

For vessels < 24 meter and sailing area < 30 nm from shore: Former requirements for
Small Craft, including retroactive requirements are applicable .

Note; in case an approved safety plan or record of safety equipment can not be
presented by the ships owner or in case of doubt the Netherlands Shipping Inspectorate
should be contacted through the RO’s Netherlands branch office additional instructions.

2. Stability
As per article 22 of the “Regeling Veiligheid Zeeschepen”, the Intact Stability Code is
applicable for all cargo vessels above 12 metres ITC length. There are no Damage
Stability Requirements.

3. Prevention of Collisions
The Requirements, as specified by the Convention on International Regulations for
Preventing Collisions at Sea (COLREG, 1972) as amended, should be complied with
unless exempted by official document issued by NSI.

2. Question; Is there a minimum freeboard for ships less than 24 metres ?

Answer;
As per article 22 of Regeling Veiligheid Zeeschepen, the Intact Stability Code is applicable
for all cargo vessels above 12 metres ITC length. For the purpose of stability calculations
a draft is to be defined. In such a manner also for vessels below 24 metres a minimal
freeboard is defined. A Plimsoll-marking however is no longer required.

Note;
Vessels above 24 metres Loadlinelength must comply with the International Loadline
Convention and have a International Loadline Certificate, unless such a vessel only sails
in Netherlands National waters. Only in that case the Loadline data is to be completed in
the Appendix in the National Safety Certificate.
3. Question; Current Instructions appear not to address MARPOL Annex I - standards for
the required OWS ?

Answer;
Existing vessels below 400 Gross Tonnage currently all hold a Marpol Declaration. The
owners/operators of such vessels are advised to maintain such declaration in the future
since the New Inspection Regime Port State Control will result in PSC-visits on vessels in
case these are partly non-convention.

The Netherlands Decree on the prevention of pollution by ships art 15.2 reads, that in
respect of a survey, which has shown compliance with MARPOL Annex I Reg 14.4 and
15.6, a declaration may be issued at the shipowner’s request. The Classification Societies
may issue a Marpol declaration on behalf of the Netherlands Shipping Inspectorate. The
template for this declaration is up to the Classification Society.

In any case attention is needed in order to maintain the equipment concerned in good
working condition. The performed annual and renewal surveys should be the same as
required for equipment on ships above 400 GT.

4. Question; What about MARPOL Annex IV ?

Answer;

Marpol Annex IV, Reg 2 concerning application clearly states to which vessels the Annex
applies.
In order to fulfil the requirements of Reg 4.2 for vessels other than defined in regulation
2, the relevant items as mentioned in our national Instruction no. 13 are applicable.

There is no need for a declaration except at request of the shipowner as mentioned in

The Netherlands Decree on the prevention of pollution by ships art 15.2.

5. Question; What about MARPOL Annex VI ?

Answer;

Marpol (Revised) Annex VI, Reg 5.2, reads that in case of ships of less than 400 GT the
Administration may establish appropriate measures in order to ensure that the applicable
provisions of this Annex are complied with. This results in following requirements;

Compliance with Reg 12 (Ozone-depleting substances); it should be noted that ship less
than 400 GT should be equipped with a record book as in Reg 12.6. According to the
Dutch environmental act the same regulation is in force for green house gasses used in
refrigerating machinery.

Compliance with Reg 13 (Nitrogen oxides(NOx)) should be demonstrated to the

surveyors satisfaction. In general these engines should be tested according to the Nox
technical code belonging to Annex VI. In rare cases compliance may be demonstrated by
complying with inland shipping rules as far as they are equivalent or better than as
required by Marpol Annex VI.

Engines temporarily placed on ships or pontoons also have to comply with Nox
regulations as mentioned. Only if the engines are placed for periods less than 3 months,
exemptions are possible.

There is no need for a declaration except at request of the shipowner as mentioned in

The Netherlands Decree on the prevention of pollution by ships art 15.2.
6. Question; What about imposed restriction(s) and or imposed conditions on existing
Certificate of Seaworthiness and/or Declaration for manned operation ?

Answer;
If the existing documents mentioned restrictions and/or conditions which are not already
covered by the Certificate of Class and / or the Minimum Safe Manning Document these
restrictions must be mentioned in the appropriate box on the first page of the National
Safety Certificate.

e.g.
- In case of a self propelled vessel with windforce restriction on the existing
Certificate of Seaworthiness, the text in the apllicable restrictions box could read
as follows; “The sailing area is restricted to GMDSS Areas (see above), Certificate
of Class and/or Minimum Safe Manning Document. Winforce restricion 7 on the
beaufort scale
- In case of a non-propelled pontoon which is also holding a valid declaration for
manned operation the text in the apllicable restrictions box could read as follows;
“For unmanned towed operation the sailing area is restricted to the Certificate of
Class
For manned operation following conditions are applicable;
o The vessel is permitted to have maximum 6 persons on board
o The vessel is in coastal waters whereby the offshore distance does not
exceed 15 miles.
o The windforce shall not exceed force 5 on the Beaufort Scale
o The vessel is in VHF range with a coastal radio station or a standby vessel
equipped for the relevant GMDSS Sea Area.

7. Question; Is it possible to grant an exemption for freeboard / bowheight for a

Newbuilding vessel or Flag-in vessel which does not comply with the requirements by
imposing a restriction concerning maximum windforce or significant waveheight ?

Answer;
Yes, however this is only acceptable if deviation is in accordance with the Classification
Societies’ Rules and result is shown on Class Certificate. For existing vessels, the old
rights in this respect remain valid. See FAQ number 6 for additional explanation.

8. Question; How to deal with vessels for which NSI trading Area (see Annex to the
Minimum Safe Manning Document) is to be changed from non-continuous to continuous
sailing e.g. 4 to 3 ?

Answer;
In such case the owners / operators of the vessel must submit a new Manning Plan and
apply for a new Minimum Safe Manning Document. NSI will assess if current
accommodation is sufficient. If not accomodation must be altered in compliance with
applicable Rules of the Classification Society in combination with Statutory requirements
and requirements Dutch Schepelingenbesluit. A new general arrangement plan and noise
measurements report must be submitted for approval to NSI and issuance of a Certificate
for Accommodation.
9. Question; Is SOLAS Ch. II-1, regulation 3-2, concerning protective coatings of
dedicated ballast water tanks applicable for vessels art. 3a category 1a, i.e. propelled
vessels with propulsion > 24 meters and below 500 GT ?

Answer; No, and also not applicable for vessels of category 1b or 1c.

10. Question; How to deal with repairs, alterations, modifications ?

Answer;
All ships which undergo repairs, alterations, modifications and outfitting related thereto
shall continue to comply with at least the requirements previously applicable to these
ships. Such ships, if constructed before the date on which any relevant amendments
enter into force, shall, as a rule, comply with the requirements for ships constructed on
or after that date to at least the same extent as they did before undergoing such repairs,
alterations, modifications or outfitting. Repairs, alterations and modifications of a major
character (e.g. major conversion) and outfitting related thereto shall meet the
requirements for ships constructed on or after the date on which any relevant
amendments enter into force.
This however in so far as the Administration deems this reasonable and practicable.
Therefore the Classification Society may submit a proposal in case such is deemed
unreasonable or impracticable.

Note;
For Manned Pontoons please see Question below, since it may be more efficient to
comply with applicable rules as in force per 1 January 2013 directly in case of
modification.

11. Question; Regulation Safety Seagoing Vessels states that ships, as referred to in
Article 3a, first paragraph, item c, and built before the date of entry into force of this
Regulation, need not comply with the requirements, as referred to in section 2, item b, of
Annex 3 till 1 January 2013, provided that there are sufficient life-saving devices on
board for the employed special persons on board and that radiocommunication with the
accompanying ship is possible. What is considered sufficient life-saving devices till 1
January 2013 ?

Answer;The necessary life saving devices are mentioned on the existing Declaration for
Manned Operation. In case this document has expired, and a National Safety Certificate
is issued in stead, this document only mentions part of the necessary life saving devices.
A complete list can be found on the Checklist existing non-propelled manned pontoons.

Note that such vessels, although existing, which carry more than 12 persons must
comply with relevant chapters of SPS Code before 1 January 2013. Therefore a National
Safety Certificate must be issued until this date in case of non-compliance with rules in
force from 1 January 2013.

12. Question; Regulation Safety Seagoing Vessels states that vessels, as referred to in
Article 3a, first paragraph, item c, may be towed with personnel on board provided that
sufficient life-saving devices are on board and radio communication with towing vessel is
established. How must this be interpreted ?

Answer;
Manned Towed Tranport is only allowed for vessels for which manned operation at sea is
allowed and then only in the sea area mentioned on the relevant document, either the
Declaration For Manned Operation At Sea or the National Safety Certificate with manned
operation explicitly mentioned in the restrictions box on the first page.
13. Question; The new Regulation Safety Seagoing Vessels appears to have very limited
requirements for vessels, as referred to in Article 3a, first paragraph, category b and
category c (no more than 12 special personel), Is this correct ?

Answer;
In general Regulation Safety Seagoing Vessels art. 18a and Annex 3 state that a ship
shall be designed, constructed and maintained in accordance with the rules of
shipbuilding, mechanical engineering and electrical engineering of the body referred to in
paragraph 1, insofar as these rules do not contravene the rules laid down by or pursuant
to the Decree. It was unfortunately understood that the requirements as laid down in
IACS Unified Recommendation no. 99 where mandatory in stead of voluntary. As a result
the current requirements for these vessels are insufficient. Therefore the Netherlands
Shipping Inspectorate declare following items in IACS Unified Recommendation no. 99
mandatory for vessels as referred to in Article 3a, first paragraph, category b and
category c (no more than 12 special personel).
- Chapter I, General Provisions
- Chapter IV,
o section 2, except; 2.1.6, (item arranged in national legislation);
o section 4, except; 4.1 and 4.2, (items arranged in national legislation);
o section 5, only item 5.1.
.

14. Question; For vessels, as referred to in Article 3a, first paragraph, cat b and cat c
(no more than 12 special personel) the requirements concerning the arrangement and
capacity of firepump(s) is related to the bilge pumping capacity. However no
requirements for bilgepumping are given ?

Answer, For these vessels the bilge pumping requirements are provided by the
Classification Societies’ Rules.

15. Question; The Netherlands have provided requirements for MODU’s, but not for other
non-propelled units which are jacked-up at the working location ?

Answer, Such a manned operated object must, while it is stationed on the seabed,
comply with the requirements of Local Authorities, e.g. in Netherlands; Staatstoezicht op
de Mijnen. However since such an object is temporary operated with manning while not
on the seabed, the requirements as per Regulation Safety Seagoing Vessels for ships, as
referred to in Article 3a, first paragraph, item c also must be complied with.