SUMMARY OF STATUTORY REGULATIONS

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1 SUMMARY OF STATUTORY REGULATIONS for Captains, Chief Officers and Chief Engineers holding foreign certificates of competency, who are signed on ships registered in the Netherlands Antilles. (Captains and Chief Officers all items; Chief Engineers only items marked E ) I

2 TABLE OF CONTENTS PAGES (E) TABLE OF CONTENTS I IV (E) INTRODUCTORY V (E) ADDRESSES OF AUTHORITIES/OFFICES VI (E) SUMMARY OF FORM OF GOVERNMENT 1 (E) THE CONSTITUTION (DE STAATSREGELING) 1 (E) The King, the Governor and the Ministers 1 (E) The States (Parliament) 1 (E) The Legislature 1 (E) The Executive 1 2 (E) The Judicature 2 (E) Island Territories 2 (E) Constitutional Changes 2 3 (E) SHIP'S CERTIFICATES OF REGISTRY ORDER 2 (NETHERLANDS ANTILLEAN ZEEBRIEVENBESLUIT) (E) Definitions 2 3 (E) The aim 3 (E) Exception 3 (E) Restriction 3 (E) Contents of the Certificate 3 (E) Issuing authority 3 Application 3 (E) Expiration 3 (E) Withdrawal 4 The provisional Ship's Certificate of Registry 4 The extraordinary Ship's Certificate of Registry 4 (E) CODE OF COMMERCE VOLUME 2 4 (WETBOEK VAN KOOPHANDEL BOEK 2) Concerning the captain 4 5 (E) Ships protest 5 Assistance tot persons in need of help 5 6 Concerning the crew 6 10 (E) About the muster roll (enrolment form) (E) MERCHANT SHIPPING MANNING ORDER 11 (BEMANNINGSBESLUIT NEDERLANDS ANTILLIAANSE EN ARUBAANSE ZEESCHEPEN) (E) Definitions 11 (E) General rules 11 (E) Competences, requirements of knowledge and experience 12 (E) Medical examination of the crew 12 (E) Summary of other relevant articles Special regulations for crewmembers of merchant ships Remaining regulations (summary) 14 II

3 CIVIL CODE VOLUME 8 (BURGERLIJK WETBOEK BOEK 8) 14 General stipulations 14 Liability and some special agreements Agreement concerning goods traffic by sea Agreement of conveyance of passengers by sea (E) Accidents and collisions Assistance General average 23 CODE OF COMMERCE VOLUME 2 32 (WETBOEK VAN KOOPHANDEL BOEK 2) (E) Concerning damages CIVIL CODE VOLUME 8 (BURGERLIJK WETBOEK BOEK 8) 24 Limited liability with regard to maritime claims SHIPPING ACT (SCHEPENWET) 25 (E) Aim of the Shipping Act (E) Prevention of shipping disasters 26 (E) Obligations of the captain before commencing a voyage 26 (E) Obligations of the captain during a voyage (E) Supervision 27 (E) Detention 27 (E) The Safety Committees (E) Inquiry into shipping disasters 28 (E) Incompetence of captains, mates, engineers, radio telephony operators 28 (E) Disciplinary measures SHIPPING ORDER 2004 (SCHEPENBESLUIT 2004) 29 (E) Obligations to the Master 29 (E) INTERNATIONAL CONVENTION ON STANDARDS OF TRAINING, CERTIFICATION AND WATCHKEEPING FOR SEAFARERS,1978, AS AMENDED 1995 (STCW CONVENTION) 29 (E) Aims of the revision (E) INTERNATIONAL SAFETY MANAGEMENT CODE (ISM) 30 (INTERNATIONALE VEILIGHEIDS MANAGEMENT CODE) CIVIL CODE VOLUME 4 (BURGERLIJK WETBOEK 4) 30 Last wills CIVIL CODE VOLUME 1 (BURGERLIJK WETBOEK 1) 31 Birth and decease certificates 31 CRIMINAL CODE (WETBOEK VAN STRAFRECHT) 31 Applicability of the Netherlands Antillean Criminal Code 31 Punishments Shipping and aviation crimes 32 Insubordination 32 III

4 Mutiny 32 Raising the measurement of punishment for ships officers 32 Various offences 33 Shipping offences 33 (E) INTERNATIONAL CONVENTION FOR THE PREVENTION OF POLLUTION FROM SHIPS (INTERNATIONAAL VERDRAG TER VOORKOMING VAN VERONTREINIGING DOOR SCHEPEN) 33 (MARPOL 73/78) (E) Purpose of the MARPOL Convention 33 (E) Appendices (E) ACT FOR THE PREVENTION OF POLLUTION BY VESSELS 34 (LANDSVERORDENING VOORKOMING VAN VERONTREI NIGING DOOR SCHEPEN) (E) Application 34 (E) General rules 34 (E) Certificates 34 (E) Obligations of the captain 35 (E) Leaving harbour 35 (E) Supervision 35 (E) Detention 35 INTERNATIONAL NAVAL WARFARE LAW (INTERNATIONAAL ZEEOORLOGSRECHT)(THE PARIS DECLARATION OF 1856) NATIONAL NAVAL WARFARE LAWS (NATIONALE ZEEOORLOGSWETGEVING) 36 Constitution and Defense Act for the Netherlands Antilles 36 (Grondwet (Koninkrijksdeel) en Defensiewet voor de Nederlandse Antillen) Code of Commerce 36 Concerning the captain 36 (E) GUIDANCE FOR SHIPOWNERS, SHIPOPERATORS AND MASTERS ON THE PROTECTION OF SHIPS FROM TERRORISM AND SABOTAGE \ IV

5 INTRODUCTORY The Aim Netherlands Antillean legislation lay on the Captain, the Chief Officer and the Chief Engineer many important responsibilities in regard to the vessel, matters on board, the crew and the ship's owner. It is therefore of great importance to gain an insight into the major Netherlands Antillean Acts and Decrees in which these responsibilities have been laid down. Execution As it is an impossible task to deal with all this in detail, therefore only outlines will be stated in this book. To ascertain that the Captain, the Chief Officer and the Chief Engineer on board a ship flying the Dutch flag have sufficient knowledge of the appropriate Netherlands Antillean legislation an oral test will be taken. NOTE: for chief engineers only the subjects marked by "E" have to be studied. Questions regarding ships management In case difficulties arise on board regarding the ship's management an appeal can be made at all times to expert assistance both in the Netherlands Antilles and abroad. The addresses where to turn to are mentioned in this book. Terrorism and Sabotage It is considered as being of enough importance to familiarize captains, chief officers and chief engineers with this subject. The International Ship and Port Security Code (IMO, December 2002) deals with preventive measures with respect to terrorism and other security incidents. Therefore an annex is added to this Summary. The annex is an extract of the Guidance for Ship owners, Ship Operators and Masters on the Protection of Ships from Terrorism and Sabotage issued by the International Chamber of Shipping. V

6 ADDRESSES Offices Address/postal code telephone Telefax / E Mail Netherlands Antilles Directorate of Shipping and Maritime Affairs Shipping Inspectorate Fokkerweg 26 Curaçao Netherlands Antilles E Mail: Netherlands: Inspectorate General for Transport, Public Works and Water Management Merchant Shipping Unit Gebouw Prinsenpoort s Gravenweg AP Rotterdam Abroad: Netherlands Consulates See P.M. Directie Scheepvaart Aruba. VI

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