An incident or accident with or on board a seagoing vessel (merchant ship or fishing vessel) must always be reported. For every incident or case of damage on board, the captain must also prepare a scheepsverklaring (ship’s protest) with a notary.
The captain must report any damage or accidents during the voyage to the ILT as soon as possible, and no later than upon entry into a port in the Netherlands or Aruba, Curaçao and Sint Maarten, by calling +31 88 489 00 00. This requirement is outlined in Schepenwet (Ships Act), Article 9 (in Dutch).
The captain must report any damage, potential damage or defects that may affect the safety of the vessel to the ILT as soon as possible by calling +31 88 489 00 00. If the damage or incident involves the hull or the mechanical and electrical installations, the captain must also notify the recognised classification society.
Additionally, if the vessel is in a port outside the Kingdom of the Netherlands, the captain must inform the competent local authorities. This requirement is outlined in Schepenbesluit(Ships Decree) 2004, Article 67 (in Dutch).
Ship’s protest following an accident
For every incident or case of damage on board, the captain must prepare a preliminary ship’s protest with a notary within 48 hours of arriving at port. A full declaration must then be completed within 8 days of preparing the preliminary ship’s protest. This requirement is outlined in Article 353 of the Wetboek van Koophandel (Dutch Commercial Code, in Dutch).
ILT accident investigation
The ILT investigates maritime or workplace accidents to enhance compliance and improve safety on board. These investigations focus on managing owners, shipowners, employers, captains and officers. The ILT determines what follow-up actions to take during or after the investigation. Potential steps include:
On behalf of the minister van Infrastructuur en Waterstaat (Minister of Infrastructure and Water Management), the ILT can submit a petition against captains and officers of vessels flying the Dutch flag through the Tuchtcollege voor de Scheepvaart (Maritime Disciplinary Court of the Netherlands). These individuals are required to act in accordance with proper seamanship towards the people on board, the vessel, the cargo, the environment and maritime traffic when on board the ship. This obligation is outlined in Article 4(4) of the Wet zeevarenden (Seafarers’ Act, in Dutch).
The ILT notifies the Openbaar Ministerie (Netherlands Public Prosecution Service, OM) in the event of a suspected criminal offence. The OM decides on a case-by-case basis whether further investigation is required. The OM may request the ILT to participate in criminal investigations.
In addition to the measures mentioned above, ILT may independently decide to take administrative enforcement action. For example, revoking certificates, suspending work, detaining the vessel, revoking a vaarbevoegdheidsbewijs (Certificate of Competence), or imposing an administrative fine.
Safety improvement sheets
Each compliance investigation can yield valuable insights to prevent future accidents. To promote safety at sea, the ILT publishes safety improvement sheets with lessons learned about working with razor wire, compressed air, high-pressure cleaning tools and more. Learn more about improving safety on board seagoing vessels.
Notifying the Dutch Safety Board
Following a report, the ILT will notify the Onderzoeksraad voor Veiligheid (Dutch Safety Board, OVV). The OVV decides whether to conduct a safety investigation and is required to investigate very serious casualties such as the total loss of a ship, fatalities or severe environmental pollution. The ILT and the OVV have distinct roles and do not share information without following due process. As a result, they may carry out separate investigations into the same accident or incident.
