Update nr. 108
In this ISM News Update:
- Maritime Single Window: small ports procedure no longer applicable
- Guidance Ship Recycling IHM
- MLC-inspections vessels <500GT
- Laying-up in Coronatime
- Non-ISPS statement
Maritime Single Window: small ports procedure no longer applicable
Until the end of 2019, sailing charter vessels when entering ports could use the procedure that applies to ‘small ports’. When entering non-small ports, these vessels could also use the ‘small ports procedure’ when completing customs formalities.
This procedure is no longer applicable since December 21, 2019, click here to see the news item about this.
Seagoing vessels that visit smaller ports (consequently also sailing vessels in non-small ports) must report electronically to the mentioned authorities as of 21 December 2019.
The reporting obligation to authorities is laid down in Dutch legislation for port authorities, Customs and Border Control. It states which reporting obligations apply in which ports, for which vessels and in which situations.
It concerns the following reporting formalities:
- Competent Port-authorities: arrival and departure notifications, notification of dangerous and polluting substances, security notifications, notification of ship-generated waste and notification for port state control
- Customs: reports and declarations in the context of the Customs Processes Entry, Exit and Provision for the ports designated in the General Customs Procedure
- Border control: reports concerning persons on board when crossing borders.
For the electronic reporting in smaller ports, one must use the existing reporting systems of larger ports in the vicinity (Enigma +, PSC or Port Visit)
It is advisable to clear customs with the help of an agent, and especially to include the manner of customs clearance at the expected port of arrival in the travel preparation.
Guidance Ship Recycling IHM
EMSA has published new Guidance on inspections of vessels by Port State in accordance with Regulation (EU) 1257/2013 on ship recycling. This guidance clearly states that by 31 December 2020, any ship on or over 500 GT, of any flag, calling at an EU port or anchorage, will need to have on board:
• An IHM report (Inventory Hazardous Materials) conform to the EU-Ship Recycling Regulation; and
• Either a valid certificate (for EU flagged ships) or statement of compliance (for non-EU flagged ships) issued on behalf of the flag.
Please be aware, that only an IHM report is not covering the obligation of compliance.
To be compliant one should carry onboard
- IHM report
- IHM Certificate (to be renewed after 5 years)
- To ensure that certification can be renewed, your IHM will need to be maintained. You should ensure your internal procurement policies, for example in your ISM, request any item supplied to the ship (which will/may be part of the ship’s structure and fitted equipment) has an accompanying Material Declaration and Supplier Declaration of conformity. The IHM should be updated for any hazards documented as present above the threshold values.
It is strongly recommended that owners and operators of existing vessels with IHMs comply with EU SRR well ahead of December 2020 due to the vast number of ships that will require compliance at the same time.
The Coronavirus / Covid-19 pandemic affects almost every aspect of society. This also applies to the maritime sector. Both ports and ships must have Corona-related protocols, and certification protocols have been changed.
On our website, we have collected much information for both ship owners and crew members. Freely downloadable according to everyone’s choices.
We would like to point out the importance of the Contingency Plan of the Dutch government. In the case of expired certificates and documents, it is important to keep this plan with your certificates, to prove that the Dutch government is in agreement as a result of Covid-19.
This plan will be updated regularly so check on a regular base if you still have the latest version.
MLC-inspections vessels <500GT
All Dutch sea-going vessels (with a few exceptions that can be found on the ILenT website) must comply with MLC-2006. For vessels >500 GT, there is an obligation to certify. For vessels <500 GT, certification is strongly recommended but not mandatory.
While the classification societies are responsible for certification for vessels >500GT, flag states monitor compliance on vessels <500GT. It is recommended for these ships to draw up a DMLC part I & II, which contains the procedures.
For these ships, it has been agreed during the ratification that the inspection by the flag state will take place every three years.
We recommend making an appointment for this inspection yourself. This of course has the advantage that date, time, and location can be agreed upon. NSI carries out unannounced inspections on ships for which no appointment has been made.
However, it has turned out that this does not always happen within the 3-year window, and that the ship in question therefore cannot demonstrate the proof of a 3-year inspection at a foreign Port State Control. Making an appointment yourself prevents these problems.
Laying-up in Coronatime
For many (sailing) vessels, due to the Corona measures, the season becomes so drastically short that it may become unprofitable to continue sailing when the rules are re-inforced.
In this case, ships can choose to stand still and take advantage of the postponement options offered by the government in the “Contingency Plan”. When using the ley-up procedure, this must be done in consultation with Class and the Insurance, and in addition, the Contingency Plan must be kept together with the certificates that have expired.
We would like to point out that if many vessels use this option, it will become very busy later on if everyone applies for the renewal/endorsement of certificates at the same time.
In view of an amendment to the EU 2009/45 directive, the Dutch government is determining what its position is on whether or not to issue EU2009 / 45 statements or certificates. Only afterwards it can be determined what the correct text should be for the statements in question.
There are currently no developments to report here; the statement has not yet been issued.