On seagoing vessels registered in the Netherlands, accommodation spaces and facilities must comply with the rules and regulations set out by the Government of the Netherlands. As a scheepsbeheerder (managing owner), you may deviate from these rules under set conditions, depending on your situation.
For new ships, the rules and regulations of the Maritieme arbeidsverdrag (Maritime Labour Convention, MLC) as outlined in the Regeling zeevarenden (Seafarers Act, in Dutch) apply. For sea-going vessels with a keel laying date of before 20 August 2013, the requirements from the Schepelingenbesluit (Seamen's Decree, in Dutch) apply.
Accommodation deviations for new builds
Before construction begins, you, as the ship manager, must seek approval for planned deviations from employers and employees (in Dutch) via the Platform Maritiem (Maritime Platform). To do so, use the Request MLC Substantial Equivalencies and MLC Exemptions form.
Before commissioning the ship, you must apply for a Declaration of Maritime Labour Compliance (DMLC-I, in Dutch) from the Human Environment and Transport Inspectorate (ILT). This is mandatory for vessels of 500 gross tonnage (GT) or more and recommended for vessels below 500 GT.
Accommodation deviations when flagging in or renovating
If you are registering or “flagging in” a seagoing vessel under the Dutch flag or renovating the crew accommodation, the keel laying date determines how you may deviate from the accommodation rules and regulations.
Follow the steps below before flagging in or starting renovation:
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Submit the accommodation arrangement to a recognised organisation for approval. The recognised organisation will also determine in which respects the accommodation does not comply with the Seafarers Act.
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Determine which deviations require an exemption under the Seafarers Act and complete the Request MLC Substantial Equivalencies and Exemptions form.
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If indicated in the request form, seek advice from employer and employee organisations via the Maritime Platform (in Dutch).
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Apply for a Declaration of Maritime Labour Compliance (DMLC-I, in Dutch) from the ILT. The DMLC-I forms part of the MLC certificate. The MLC certificate is mandatory for vessels of 500 GT or more and recommended for vessels below 500 GT.
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With proof of the application, the recognised organisation can issue an (interim) MLC certificate.
Follow the steps below before flagging in ships that have not previously sailed under the Dutch flag or before starting an alteration of the accommodation:
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Determine which deviations require an exemption under the Seamen's Decree.
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Discuss the exemptions with employers’ and employees’ organisations and record the agreements using the form Application for exemption from accommodation requirements under the Seamen’s Decree. If no agreements are reached, ensure that the positions of the employers, employees, and yourself are documented.
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Complete the Aanvraag aanvullende certificaten koopvaardijschip form (in Dutch) to apply for a Statement of Compliance. Submit this form to the ILT together with:
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A completed form Application for exemption from accommodation requirements under the Seamen’s Decree.
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A general plan or accommodation plan clearly showing the crew’s living quarters.
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The recorded agreements with the employers’ and employees’ organisations, or a statement of their positions and your own.
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A report on onboard noise levels. This report must comply with IMO Resolution A.468(XII) or IMO Resolution MSC.337(91).
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You may flag in the vessel or alter the accommodation after the general plan or accommodation plan has been approved. Your recognised organisation will verify whether the actual situation complies with the approved plan.
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After your recognised organisation completes the verification, you may contact the ILT to request the Statement of Compliance.
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Before operating the ship, you must apply for a Declaration of Maritime Labour Compliance (DMLC-I, in Dutch) from the ILT. This forms part of the MLC certificate. The MLC certificate is mandatory for vessels of 500 GT or more and is recommended for vessels below 500 GT.