Reporting requirements to the ILT when Private Armed Security is used

The Human Environment and Transport Inspectorate (ILT) is tasked with supervision on the use and reporting requirements of private armed guards on board of vessels registered in the Netherlands. This information helps you to comply with the reporting requirements.

The following legislation applies to the use of private armed guards:

Wet ter bescherming koopvaardij (Merchant Shipping Protection Act, only available in Dutch);
Besluit bescherming koopvaardij (Merchant Shipping Protection Decree, only available in Dutch);
Regeling bescherming koopvaardij met bijlagen (Merchant Shipping Protection Regulation and Annexes, only available in Dutch).

Reporting procedure

Complete the following steps
1. Please note: This is a short summary of the applicable rules and regulations. Rules that are not mentioned on this page are equally applicable.
2. 1. Permission to contract a Private Maritime Security Company (PMSC)
  The shipowner can apply for a permission to contract a Private Maritime Security Company (PMSC) for passage through the risk area (Gulf of Aden).
  
  See: Article 4 Wet ter bescherming koopvaardij, Article 2 Regeling bescherming koopvaardij.
  - Use the Permission Application Form of the Netherlands Coastguard.
  - Submit the completed form and the required attachment as indicated in the form.
3. 2. Order to inform parties
  
  The shipowner must inform the master of the vessel about the permission, the required protection measures and other details set out in the decree (Besluit bescherming koopvaardij), at least 4 hours before embarkation of the security team.
  
  See: Article 6.3 Wet ter bescherming koopvaardij, Article 2.4 Besluit bescherming koopvaardij, Article 6.1 Regeling bescherming koopvaardij.
  
  The PMSC must inform the team leader of the security team about the permission, the required protection measures and other details set out in the decree (Besluit bescherming koopvaardij), before embarkation of the security team.
  
  See: Article 6.3 Wet ter bescherming koopvaardij, Article 2.4 Besluit bescherming koopvaardij.
4. 3. Control and report security team
  Image: image from: EMSA/IMS/SEG
  
  The ship master and the team leader check the existence of the permission and other details set out in the decree (Besluit bescherming koopvaardij). This must be done directly upon embarkation of the security team and before continuation of the voyage. This check is finalised by completing the forms in Annex 2 (ship master) and Annex 3 (team leader) of the regulation (Regeling bescherming koopvaardij) and submitting them to the ILT. Read more on enforcement with regard to Annex 3 at the bottom of this page.
  
  See: Article 6.2 Wet ter bescherming koopvaardij, Article 2.4 Besluit bescherming koopvaardij, Article 6 Regeling bescherming koopvaardij.
  - Annex 2: the Ship Master Embarkation Form
    Please email the completed form after embarking armed guards and armament to the ILT.
  - Annex 3: the Team Leader Embarkation Form
    Please email the completed form after embarking armed guards and armament to the ILT.
5. 4. Sail only when information is correct
  
  Image: image from: EMSA/IMS/SEG
  
  The ship master will refuse the security team on board or will not continue the voyage in case the provided information or documentation does not correspond to the actual situation. Otherwise the voyage can continue after submitting Annex 2 and Annex 3 to the ILT.
  
  See: Article 2.4 (3) and 2.4 (4) Besluit bescherming koopvaardij, Article 6.2 Regeling bescherming koopvaardij.
6. 5. Report disembarkation security team
  The ship master and the team leader respectively use Annex 4 and Annex 5 of the regulation (Regeling bescherming koopvaardij) to report the disembarkation of the armed security team at least 48 hours after disembarkation to the ILT.
  
  See: Article 12 Wet ter bescherming koopvaardij, Article 6.3 Regeling bescherming koopvaardij.
  - Annex 4: the Ship Master Report Form
    Please email the completed form and attachments to the ILT within 48 hours after disembarkment of private maritime security team.
  - Annex 5: the Team Leader Report Form
    Please email the completed form to the ILT within 48 hours after disembarkment of armed guards and armament.

Horn of Africa, Gulf of Aden — Image from: EMSA/IMS/SEG. Indicative map for a West to East voyage; Red Sea (1-4), Gulf of Aden and Indian Ocean (5).

Enforcement on the Team Leader Embarkation Form

The following information is important for captains, vessels managers and team leaders.

Duties to be performed by team leader upon embarkation

For several practical reasons, e.g., boarding at night, it has proven to be difficult for the team leader to complete Annex 3 (the Team Leader Embarkation Form) directly upon arrival on board, as legally required. Therefore, the ILT agrees to accept these forms as long as they are received within 24 hours after embarkation, however not later than 2 hours before entering the risk area as defined in the Dutch regulations. Please note this may have implications in the following situations:

Non-compliance of armed guards

All requirements remain in force unabated. Under certain circumstances the captain may have to refuse the armed guards on board. Therefore, the captain may need to turn back to the floating armoury in case the armed guards cannot stay on board.
Embarkation of armed guards shortly before entering the risk area

In case the armed guards board the vessel shortly before entering the risk area, the captain may have to slow down or even stop the vessel. This is to allow the team leader to perform his duties and complete his form as required, as the ILT does not accept the form Annex 3 to be sent later than 2 hours before entering the risk area.

Reporting requirements to the ILT when Private Armed Security is used

Reporting procedure

Complete the following steps

Enforcement on the Team Leader Embarkation Form

Duties to be performed by team leader upon embarkation

Non-compliance of armed guards

Embarkation of armed guards shortly before entering the risk area

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