Appeal procedure member state The Netherlands
Section 3.16 of the Paris MoU states that “the owner or the operator of a ship or his representative in the State concerned will have a right of appeal against a detention decision taken by the Authority of that State. An appeal will not cause the detention to be suspended. The Authority will properly inform the master of a ship of the right of appeal”.
When deficiencies are found which render the ship unsafe to proceed to sea or that pose an unreasonable risk to safety, health or the environment, the ship may be detained.
The PSCO will issue a notice of detention to the master.
The PSCO will inform the master that the ship’s owner/operator has the right of appeal. Appeal notice details are different in each of the Paris MoU member States.
National appeal procedure Paris MoU member State The Netherlands
The appeal shall be made by
the owner (IMO Identification number), or the ISM Operator (IMO Company number)
Deadline for submission
From notification of detention: 42 days.
English or Dutch
Letter of fax
Other relevant information
In case of detention on account of the Port State Control Act or the Wet Voorkoming Verontreiniging door Schepen (Pollution Prevention Act) appeal can be made by any party interested to the Ministry of Infrastructure and Water Management.
The appeal shall be made to
The Inspector-General Netherlands Shipping Inspectorate
Team Juridische zaken
P.O. Box 90653
2509 LR Den Haag
The Inspector-General shall send the appeal without delay to the Ministry of Infrastructure and the Environment.
Appeals have to be duly signed and at least comprise the following information:
a. Name, address and interest of appellant;
b. Date of appeal;
c. Date of detention and details of case against which the appeal is directed;
d. Reasoning for lodging the appeal against the decision.
An appeal shall not cause the detention to be suspended.
The detention shall not be lifted until, according to the professional judgement of the officer of the Netherlands Shipping Inspectorate, all the deficiencies have been rectified and until full payment has been made or an authorized payment guarantee has been given for the reimbursement of the costs (if applicable).