having read the proposal of the Municipal Executive of [Amsterdam / Beverwijk / Velsen / Zaanstad];

Transcription

1 NON AUTHORITATIVE TRANSLATION Warning: Notwithstanding great care has been taken in translating the Dutch exemption document, differences between the English and Dutch text may occur. In cases of disputes or discrepancies the Dutch text shall prevail. Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) The Municipal Council of [Amsterdam / Beverwijk / Velsen / Zaanstad], having read the proposal of the Municipal Executive of [Amsterdam / Beverwijk / Velsen / Zaanstad]; having regard to the Articles 149, 154 and 156, third paragraph of the Municipalities Act; considering that it is necessary for the furtherance of proper port management to lay down rules with respect to the regulation, safety and environment of the port and its surroundings and the quality of service provision in the port; Decides to enact: the Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 1 General provisions Article 1.1 Definitions In these bye-laws and all provisions made pursuant thereto the following terms shall have the following meanings: a. waste: ships' waste, cargo residues, as well as liquid or solid waste that arises during the cleaning of a ship; b. handling of dangerous or noxious liquid substance in bulk: the loading, unloading, transshipment, internal pumping or mixing (blending) of a dangerous or noxious liquid substance in bulk; c. inland vessel: vessel intended for navigation on inland waterways or equivalent foreign waterways; d. boatmen s organisation: an organisation of boatmen recognised by the Municipal Executive that carries out activities to ensure the professionalism of boatmen and which ensures the required equipment; e. boatman: person who in the practice of his profession moors or unmoors a seagoing ship; f. BPR: Binnenvaartpolitiereglement (the Dutch Inland Waterways Police Regulations); g. fuel oil: any oil that is used as fuel for a ship s propulsion or auxiliary gear; h. bunkering: transfer of fuel oil or lubricating oil from a bunker vessel to a seagoing ship; i. bunker vessel: any tanker used to supply ships with fuel oil or lubricating oil; j. bunkering checklist: bunkering checklist as defined in the ISGOTT or the ISGINTT; k. Municipal Executive: the mayor and aldermen; l. service vessel: any vessel which provides services to another ship concerning the repair, cleaning, bringing or collecting of supplies or ship parts and/or the collection of waste; m. operator: owner, user, bareboat charterer or any other party having control over the use of the ship; n. gas expert: gas expert as defined in Section 4.1 of the Arbeidsomstandighedenregeling (the Dutch Working Conditions Regulations); Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 1

2 o. dangerous substances: substances classified as dangerous in the International Maritime Dangerous Goods Code, the (International) Code for the Construction and Equipment of Ships Carrying Dangerous Chemicals in Bulk, the (International) Code for the Construction and Equipment of ships carrying Liquefied Gases in Bulk by the International Maritime Organization, or the European Treaty concerning the international transport of dangerous goods over inland waterways (ADN). These goods are deemed dangerous due to the risk of explosion, fire, corrosion, poisoning, intoxication or radiation. These goods are, depending on the mode of transport, carried as packaged, loose-stowed dry bulk or liquid bulk; p. port: waters within the Noordzeekanaalgebied that are open to shipping, as well as all the constructions and repairing slips, docks, ship repair yards and loading and unloading berths belonging to the port, as indicated on the map in Appendix 2 to these Bye-laws; q. dock basin: - a man made basin on a the main waterway, as indicated on the map in Appendix 2 to these Bye-laws, that is accessible to commercial shipping; r. Harbour Master: Harbour Master of [Amsterdam / Beverwijk / Velsen / Zaanstad] municipality; s. ISGINTT: International Safety Guide for Inland Navigation Tank barges and Terminals; t. ISGOTT: International Safety Guide for Oil Tankers and Terminals; u. captain: the person actually in command of a seagoing ship; v. cargo residues: the residues of cargo in holds or tanks on board which remain after unloading and cleaning operations. This includes residues which remain following loading or unloading and spills; w. length: length as defined in Article 1, subparagraph o of the Meetbrievenwet 1981 (the Dutch Certificates of Tonnage Act 1981); x. Noordzeekanaalgebied: area indicated on the map in Appendix 1 to these Bye-laws; y. oil port area: area designed for handling tankers carrying unpackaged dangerous, liquid cargoes; z. reception facility: facility for the reception of ship s waste, other hazardous substances or residues of hazardous substances; aa. operational area: area limited in length, width, depth and height in which ships can berth to carry out their activities; bb. passenger ship: any ship that is designed for the transport of more than twelve passengers and which holds adequate and valid certificates; cc. pleasure craft: vessel mainly used and intended for non-commercial sailing recreation; dd. hazardous substances: substances which have been designated or are referred to as such under or pursuant to the Wet voorkoming verontreiniging door schepen (the Dutch Prevention of Pollution from Ships Act; ee. ships waste: waste, including residues other than cargo residues and sanitary waste which is created during the operation of a ship and which falls under the scope of Annexes I, IV, V and VI of the International Convention for the Prevention of Pollution from Ships (Marpol). This also includes cargo-related waste which is all the material left on board as waste following the stowage and handling of the cargo, including in any case dunnage, shoring, pallets, packaging material, wooden sheets, paper, cardboard, wire or steel bands; ff. ship: any ship including a water plane, hydrofoil, hovercraft, drilling installation, production platform or similar object, a dredger, floating crane, elevator, pontoon, floating equipment, floating object or floating installation; gg. skipper: the person actually in command of an inland vessel; hh. lubricant: any liquid intended for the lubrication of machines on board ships; ii. spud pole: facility with which a vessel can anchor itself in the water bed by means of vertical mooring posts with which the ship itself is equipped; jj. tanker: any seagoing ship or inland vessel, built or adapted for the transport of unpackaged liquid cargo in its cargo spaces; kk. permission: permit, recognition, exemption or general exemption; ll. workboat: any vessel which carries out maintenance activities on the port infrastructure, with the exemption of dredgers; Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 2

3 mm. nn. seagoing ship: any ship which is used for maritime navigation or which according to its construction, is intended for maritime navigation, and any ship has been provided with a document issued by the competent authority in the country where the ship is registered which demonstrates that it is suitable for such a purpose; sailing ship: a ship that is used commercially or non-commercially. Article 1.2 Range of application These bye-laws shall apply in the port. Article 1.3 Supplement to or derogation from the Algemene wet bestuursrecht (the Dutch General Administrative Law Act) In addition to or in derogation from Title 4.1 of the Algemene wet bestuursrecht (the Dutch General Administrative Law Act) the provisions of this section shall apply with regard to permissions under or pursuant to these bye-laws. Article 1.4 Decision period 1. The Municipal Executive shall decide on an application for permission within four weeks of the date on which the application is received; unless a different decision period is set by or pursuant to these bye-laws. 2. The Municipal Executive may within four weeks of receipt of the application extend the period referred to in the first paragraph, once by a maximum of four weeks. It will notify the applicant of this. Article 1.5 Conditions and restrictions 1. The Municipal Executive can impose conditions and restrictions to a permission. These conditions or restrictions may only serve to protect the interest or interests in connection with which the permission is required. 2. The person to whom the permission applies is obliged to observe the conditions and restrictions attached thereto. Article 1.6 Period of validity 1. Unless stipulated otherwise in these bye-laws permits or general exemptions are granted for a period of five years. 2. An designation or recognition may be granted for an indefinite period. 3. An exemption which is granted for a once-only action or act is granted for the duration of that action or act provided the exemption is granted for a maximum of six months. 4. In case of urgency an exemption may be granted verbally for a once-only action or act. for a The exemption is confirmed in writing as soon as possible. Article 1.7 Refusal, amendment or withdrawal of permission or instruction The Municipal Executive may, without prejudice to the provisions contained elsewhere in these byelaws, refuse, amend or withdraw a permission or instruction, if: a. one or more of the interests which are protected by these bye-laws; namely the regulation, safety or environment of the port and its surroundings, and the quality of service provision in the port, require this necessary; b. the attached regulations or restrictions under which it has been issued have not been or are not being complied with; c. after the issue a fact or circumstance occurs such that if the fact or circumstance had been known at the time of issuing, the permission would not have been granted under these conditioned or restrictions; d. on the basis of a change in circumstances or views which occurred following the issueing of the permission or the issueing of the instruction, it must be assumed that withdrawal or Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 3

4 modification is required by the interest or interests for the protection for which the permission or instruction is required; e. incorrect or incomplete information has been provided in order to obtain the permission or instruction; f. no use will be made of the permit or exemption within the period specified therein or, in the absence of such a period, within a reasonable period at the discretion of the Municipal Executive; or g. those to whom the permission applies, requests this. Article 1.8 Grounds for the granting of an exemption or a general exemption 1. An exemption or general exemption by or pursuant to these bye-laws is only issued if the interest which is protected by the prohibition concerned does not dictate otherwise. 2. A general exemption may be granted officially or by request. Article 1.9 Obligations of holders permission The holder of a permission shall keep the permission concerning a ship, or a copy thereof, on board the ship, unless it concerns a ship without a crew accommodation. Article 1.10 Legal entity to which these bye-laws apply 1. Unless otherwise specified in these bye-laws, the captain or skipper shall be responsible for compliance with the provisions stipulated under or pursuant to these bye-laws. 2. In the absence of a captain or a skipper, the operator shall be responsible for compliance with the provisions stipulated under or pursuant to these bye-laws. 2 Harbour Master Article 2.1 Appointment of Harbour Master The Municipal Executive shall appoint the Harbour Master. 3 Regulation and use of the port Article 3.1 Traffic signs 1. The Municipal Executive may erect traffic signs, in the interest of regulation, that are listed in the BPR and add additional instructions to these traffic signs. 2. It is prohibited to act in contravention of traffic signs or the corresponding additional instructions. 3. The Municipal Executive may grant exemption from the prohibition set forth in the second Article 3.2 Prohibition of berthing 1. It is prohibited to berth a ship to occupy a berth unless this is done: a. in accordance with the traffic signs and corresponding additional instructions erected in situ as referred to in Article 3.1; b. in accordance with a decree made by the competent authority with the same aim as a traffic sign; c. in berths situated in a mooring facility of a tenant, leaseholder or owner. This shall not apply if the Municipal Executive does not permit berthing of a ship or the occupation of a berth with a ship from the objective of order, safety or the environment; d. in accordance with a permit for berthing and/or an exemption issued by the competent authority; or e. for tankers, in accordance with the provisions in Article Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 4

5 2. The Municipal Executive may grant an exemption from the prohibition set forth in the first Article 3.3 The designation of and the prohibition on exceeding the operational area of berths 1. The Municipal Executive may designate an operational area with regard to a berth as defined in Article 3.2, paragraph one, under c. 2. The Municipal Executive may impose regulations and restrictions on this designation. 3. It is prohibited for the tenant, leaseholder or owner of the mooring facility within which the berth is situated to allow ships to berth wholly or partially outside the operational area as referred to in the first 4. It is prohibited for bunker or service vessels to berth wholly or partially outside the operational area for the performance of activities, unless this happens following the permission from the Municipal Executive, based on a notification made to the Harbour Master by the skipper of a bunker or service vessel. 5. The Municipal Executive may grant an exemption from the prohibition set forth in the third Article 3.4 Shifting of ships 1. The Municipal Executive may order the captain or skipper to shift the ship or have it shifted to another berth, if this is necessary for the regulation or for the protection of safety or environmental interests. 2. The person that receives the order mentioned in the first paragraph is obliged to comply with the order. 3. In urgent cases, or if the operator is unknown, the Municipal Executive may shift the ship or have it shifted immediately. Article 3.5 Prohibition on jacking up a drilling platform or production platform 1. It is prohibited to jack up a drilling installation, production platform or similar object, unless it is situated in a shipyard or ship repair yard for which an authorization has been granted pursuant to the Wet algemene bepalingen omgevingsrecht (the Dutch General Provisions of Environmental Law Act). 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first 3. The application for an exemption shall in any case contain: a. name and technical particulars relating to the object to be jacked up; b. the name of the shipping agent; c. the result of a survey of the underground cables and network infrastructure; and d. the nature and duration of activities to be performed. 4. The Municipal Executive may designate areas where the prohibition set in the first paragraph does not apply. Article 3.6 The use of propellers, bow thrusters or stern thrusters 1. It is prohibited to use propellers, bow thrusters or stern thrusters if the ship: a. is aground; b. is berthed, at anchor or lying to spud poles; or c. is kept into position next to the quay or bank or is pushed against it, except when necessary for mooring or unmooring; unless this concerns a ship moored to another ship that must heave to or turn away in order to prevent damage. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 5

6 Article 3.7 Nuisance to ships It is prohibited for non-entitled parties to hold on to a ship, board a ship, be on board a ship or unmoor a ship. Article 3.8 The designation of dock basins with an entry prohibition 1. The Municipal Executive may designate dock basins where a prohibition is in force to enter the dock basin or to be in the dock basin. 2. It is prohibited to enter or to be in the dock basins referred to in the first paragraph, unless this concerns: a. a ship that must load, unload or lay-by for a berth as defined in Article 3.2, paragraph 1; b. a seagoing passenger ship or a river cruise vessel that is proceeding directly and without interruption to a designated berth; c. a pleasure craft or sailing vessel that is proceeding directly and without interruption to a marina or shipyard situated in the dock basin, or a waterway connected to the dock basin that is open to these vessels, or to a berth intended for these vessels; d. a service vessel; e. a bunker vessel; f. a vessel that is in the service of a public corporation or is carrying out activities by order of a public body; g. a ship whose presence in the dock basin is necessary in connection with the arrival, stay or departure of a ship as referred to in part a or b,for the purposes of shipping operations; h. a workboat whose presence in the dock basin is necessary in connection with the new construction or maintenance works to the port infrastructure; or i. a ship which carries out dredging operations. 3. It is prohibited for a ship which is only propelled by sails to sail in to a dock basin. 4. The Municipal Executive may grant an exemption or general exemption to the prohibitions set forth in the second and third Article 3.9 Measures to exclude from economic traffic 1. The Municipal Executive may impose measures to the captain, skipper or operator of a ship that remains in the port or is occupying a berth if said ship is excluded from economic traffic, in order to protect safety and environmental interests. 2. The party which receive these measures is imposed to comply with these measures. Article 3.10 The designation of berths for tankers 1. The Municipal Executive may designate public berths where tankers loaded with or empty from dangerous or noxious liquid in bulk may berth. 2. The Municipal Executive may impose regulations and restrictions on the designation referred to in the first paragraph concerning the nature and quantity of the cargoes transported, the environment, the port s surroundings and the activities to be carried out by the ships. Article 3.11 Designation of oil port areas The Municipal Executive may designate oil port areas. Article 3.12 Recognition of a boatmen s organisation The Municipal Executive may recognise boatmen s organisations. 4 Safety and the environment in the port Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 6

7 Article 4.1 Air pollution; stench, hindrance or risk causing substances 1. It is prohibited to blow through the exhaust system from internal combustion engines into the open air on board a ship by means of compressed gas or steam as a result of which soot escapes from the ship. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.2 Use of waste incinerators It is prohibited for anyone to have a waste incinerator in use in the port on board a ship. Article 4.3 Prohibition of the use of generators 1. The Municipal Executive may designate areas where it is prohibited to use a generator on board a moored inland vessel. 2. It is prohibited to use a generator on board a moored inland vessel in areas designated by the Municipal Executive. 3. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.4 Prohibition of the use of main or auxiliary engines 1. The Municipal Executive may designate areas where it is prohibited to have the main or auxiliary engines in operation on board a berthed ship. 2. It is prohibited to have the main or auxiliary engine in operation on board a berthed ship, unless immediately prior to the departure of the ship: a. in an area as defined in Article 4.3, paragraph 1; b. in other areas to be designated by the Municipal Executive. 3. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.5 Transshipment between ships and tanks, as referred to in the traffic legislation, on the quay 1. It is prohibited for anyone to transfer dangerous or noxious liquid substances between a ship and a tank on the quay, unless the loading or unloading installation forms part of a facility to which the Wet vervoer gevaarlijke stoffen (the Dutch law on the Carriage of Dangerous Goods) or the Wet algemene bepalingen omgevingsrecht (the Dutch General Provisions of Environmental Law Act) applies. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.6 The permitting of reception facilities It is prohibited to take receipt of ships waste, other harmful substances or residues from hazardous substances originate directly from seagoing ships without a permit from the Municipal Executive. Article 4.7 Serious danger, damage or hindrance causing ships 1. The Municipal Executive may, if in its opinion a ship causes or could cause serious danger, damage, hindrance or serious disruption to the regulation in the port: a. impose a prohibition on that ship entering the port, remaining in the port or being berthed; or b. impose measures on the captain, skipper or operator of a ship remaining in the port or being berthed. 2. The party which receives this prohibition or these measures is imposed to comply with these measures. Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 7

8 Article 4.8 Bunkering checklist / bunkering operations 1. It is prohibited to bunker a seagoing ship, unless it is ensured on board the ships involved in the bunkering operations that prior to the start of bunkering the bunkering checklist: a. has been completed fully, positively and truthfully; and b. has been signed by the persons responsible for the bunkering.. On board the ships involved in the bunkering operations, it is ensured that: a. during the bunkering operations, the provisions of the bunkering checklist shall be complied with; and b. the bunkering operations shall be stopped immediately if the provisions of the bunkering checklist are not complied with. 3. The bunkering checklist shall be kept on board the ships involved in the bunkering operations during the bunkering operations and until twenty-four hours after the completion of the bunkering operations. 4. If more than one bunker vessel is involved in the delivery of a consignment of fuel oil or lubricating oil each bunker vessel shall complete a separate bunkering checklist which shall be signed by the persons responsible for the bunkering operations. 5. A report of the bunkering operations shall be made to the Harbour Master by the skipper of the bunker vessel. 6. The Municipal Executive may grant exemption from the prohibition set forth in the first The Municipal Executive may grant a general exemption from the provisions defined in the fifth Article 4.9 Prohibition of transfer of fuel oil or lubricating oil 1. It is prohibited to transfer fuel oil or lubricating oil from a seagoing ship into a bunker vessel. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.10 Mooring properly 1. It is prohibited for anyone to load or unload a ship or vessel unless the ship or vessel is properly moored. 2. A seagoing ship that is moored shall have a towing line ready on deck or paid out to water level, which is ready for use, if the ship: a. is moored in an oil port area; or b. has a length exceeding 120 metres. Article 4.11 The use of anchors 1. It is prohibited to use an anchor, unless: a. this happens in accordance with local traffic signs and additional instructions as defined in Article 3.1; b. this happens in accordance with a decree made by the competent authority with the same intent as a traffic sign; c. a ship or vessel is berthed on mooring buoys; or d. this is done by means of a floating crane, and it is ascertained that the use of an anchor causes any damage to pipelines, cables, culverts or shore or quay defences installed in the water bed, and providing the intention to use the anchor is reported to the Harbour Master. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.12 The use of spud poles 1. It is prohibited to use a spud pole, unless: a. this happens in accordance with local traffic signs and additional instructions as defined in Article 3.1; or Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 8

9 b. this happens in accordance with a decree made by the competent authority with the same intent as a traffic sign. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.13 Prohibition of mooring and unmooring ships 1. It is prohibited for anyone to provide the services of a boatman, insofar as this concerns a seagoing ship: a. with a length over 75 metres; or b. with a length of 75 metres or less which is built or is used for the transport of liquid dangerous substances in bulk, unless the ship is empty and the tanks have been cleaned of those substances. 2. The first paragraph shall not apply, unless: a. these services are performed immediately by crew members who upon arrival or departure of the ship from the berth concerned are on board, and the captain reports this to the Harbour Master; b. these services are performed by a boatman who is a member of a boatman s organisation which is recognised by the Municipal Executive; c. the seagoing ship is shifted along a quay without being completely released from it; d. the services are conducted in the context of training for Boatman, under the responsibility of a Boatman as defined in subparagraph b; or e. it concerns navy or fishing ships and the captain reports to the Harbour Master that no use will be made of the service of a boatman. Article 4.14 Performance of activities 1. It is prohibited for anyone to carry out or have carried out activities aboard on or under a ship or on an object on board a ship, which relates to the mobility, modification, repair or improvement of the ship or the object, unless: a. the ship is berthed at a or near shipyard or ship repair yard to which an authorization has been granted pursuant to the Wet algemene bepalingen omgevingsrecht (the Dutch General Provisions of Environmental Law Act); or a. the ship is not berthed at a shipyard or ship repair yard for which a licence has been granted pursuant to the General Provisions of Environmental Law Act); and 1. the activities to be performed will take a maximum of three days per ship s visit to the port; 2. because of the activities, no danger, damage or nuisance can arise. This means, among other things, that: - if the activities take place on or to a ship situated in the oil port area, these activities will not result or may result in the release of sparks to the outside air, nor will these activities have any effect on the mobility of the ship; - the activities to be performed are carried out at least 25 metres away from dangerous substances or combustible material; 3. if the activities take place on a tanker or to or in a ship s fuel tank, for the said repair works a Veiligheids- en gezondheidsverklaring (Safety and Healthdeclaration), as defined in the Arbeidsomstandighedenregeling (the Dutch Working Conditions Regulations), has been issued by a gas expert; 4. efficient fire extinguishing equipment and persons familiar with the use of this equipment are available. 2. It is prohibited for anyone to carry out or have carried out scrapping activities aboard, on or under a ship, or on an object on board a ship, with the aim of decommissioning the ship, unless the ship is berthed at or next to a facility that possesses a licence pursuant to the Wet algemene bepalingen omgevingsrecht (the Dutch General Provisions of Environmental Law Act). Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 9

10 3. The works referred to in the first paragraph shall be reported to the Harbour Master by the captain, skipper or operator. 4. The Municipal Executive may: 1. grant an exemption to the prohibition set forth in the second paragraph; 2. grant an exemption to or grant a general exemption from the prohibition set forth in the first paragraph; and 3. grant a general exemption from the provisions in the third Article 4.15 The fumigation of ships 1. It is prohibited to berth a ship and to fumigate the ship or its cargo by treating it with gases or substances which releases gases. 2. The Municipal Executive may grant an exemption to the prohibition set forth in the first Article 4.16 Bunkering, receiving stores or disposal of waste by seagoing tankers The captain of a seagoing tanker shall ensure that the crew involved in bunkering, receiving stores or disposal of waste are not simultaneously involved with the handling of a dangerous or noxious liquid. Article 4.17 Safe access 1. A berthed ship shall arrange a means of access that cannot cause any hazard or damage. 2. An inland vessel does not need tohave an access, if: a. the actual situation makes this impossible due to loading or unloading activities; or b. the berthing is of short duration. 5 Additional rules Article 5.1 Stipulation of additional rules by the Municipal Executive 1. The Municipal Executive shall impose additional rules with respect to the following subjects: a. the conditions under which ships are allowed to stay in an oil port area, which conditions may relate to the activities that take place in an oil port area or the requirements with which ships or crew must comply, while remaining in an oil port area; b. the presence of a tanker with dangerous substances outside an oil port area; c. the handling of dangerous or noxious liquid substances in bulk; d. the cleaning of tanks containing dangerous or noxious substances; e. the conditions under which berthing alongside tankers with dangerous substances takes place; f. the application for a permit to receive ships' waste, other harmful substances or residues of harmful substances; g. the recognition of boatman s organisations; h. the obligations which boatmen must comply; i. the berthing of ships of which the cargo has been treated with fumigants, and the execution of operations aboard these ships; j. the information that ships must report, the official body to which the report must be made, the time and method of reporting; 2. The Municipal Executive may impose additional rules with respect to the following matters: a. the berthing of a ship loaded with packaged dangerous goods within a distance still to be defined of a vulnerable object; b. berthing at a specific berth. Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 10

11 6 Enforcement Article 6.1 Instructions 1. The Municipal Executive may issue instructions in the interest of regulation and safety in the port, particularly for the controlling of shipping traffic and berthing and for the prevention of danger, damage or nuisance. 2. The person to whom an instruction is addressed is obliged to comply with the instruction immediately. Article 6.2 Penalty clause Violation of the provisions under or pursuant to these bye-laws will be punished with imprisonment for a maximum of three months or a fine of the second category. Article 6.3 Supervisory officials The persons to be designated by order of the Municipal Executive or the Mayor will be charged with the supervision of compliance with the provisions under or pursuant these bye-laws. Article 6.4 Entry of residential premises Persons charged with the supervision of compliance with the provisions or investigation under or pursuant to these bye-laws are authorised to enter an accommodation without permission of the occupant insofar as the supervision of compliance with or investigation of that stipulated by or pursuant to these bye-laws requires this. 7 Transitional and final provisions Article 7.1 Repeal of old bye-laws The Regionale Havenverordening Noordzeekanaalgebied 2010 (the Regional Port Bye-laws Noordzeekanaalgebied 2010) shall be repealed from the date these bye-laws will enter into force. Article 7.2 Transitional law 1. Permissions and designations granted by or pursuant to the Regionale Havenverordening Noordzeekanaalgebied 2010 (the Regional Port Bye-laws Noordzeekanaalgebied 2010) and that are in force at the time of the commencement of these bye-laws, shall be considered as permissions or designations under or pursuant to these bye-laws. 2. If prior to these bye-laws come into force an application for permission pursuant to the Regionale Havenverordening Noordzeekanaalgebied 2010 (the Regional Port Bye-laws Noordzeekanaalgebied 2010) has been submitted in respect of which no decision has yet been taken, these bye-laws shall be applied thereto. 3. Objections lodged against a ruling on an application for permission pursuant to the Regionale Havenverordening Noordzeekanaalgebied 2010 (the Regional Port Bye-laws for the Noordzeekanaalgebied 2010) shall be decided upon with the application of that stipulated by or pursuant to these bye-laws. Article 7.3 Entry into force These bye-laws shall enter into force as of 1 July Article 7.4 Official Title These bye-laws shall be cited as: Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-Laws for the Noordzeekanaalgebied 2012). Enacted in the public meeting of April 25 th, Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 11

12 The Registrar, The Chairman, Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 12

13 Appendix 1, associated with Article 1.1, section x of the Regionale Havenverordening Noordzeekanaalgebied 2012 (the Regional Port Bye-laws for the Noordzeekanaalgebied 2012). Key: Municipal boundary; Noordzeekanaalgebied Appendix 1 Port of Amsterdam Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 13

14 Appendix 2, associated with Article 1.1, sections p and q of the Regionale Havenverordening Noordzeekanaalgebied 2012 (the Regional Port Bye-laws for the Noordzeekanaalgebied 2012) Key: Municipal boundary; Noordzeekanaalgebied; port; dock Appendix 2 Ports of Amsterdam and Zaanstad Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 14

15 Key: Municipal boundary; Noordzeekanaalgebied; port; dock Appendix 2 Port of Amsterdam Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 15

16 Key: Municipal boundary; Noordzeekanaalgebied; port; dock Appendix 2 Ports of Velsen and Beverwijk Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 16

17 Key: Municipal boundary; Noordzeekanaalgebied; port; dock Appendix 2 Ports of Amsterdam and Zaanstad and Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 17

18 Appendix 3, Transposition Tables Transposition Table 1: Rhv RhN HrN 2012 Regional Port Bye-laws for the Noordzeekanaalgebied 2010 (Rhv 2010) Regional Port Bye-laws for the Noordzeekanaalgebied 2012 (RHN 2012) Port Regulations for the Noordzeekanaalgebied 2012 (HrN 2012) Article Name of article Article Name of article Article Name of article number number number 1.1 Definitions 1.1 Definitions 1.1 Definitions Scope of application 1.2 Range of application Submission of applications Further rules Non-processing of an application Decision period 1.4 Decision period Written or verbal permits or 1.6 Period of validity - exemptions Period of validity of permits or 1.6 Period of validity - exemptions, conditions and restrictions Period ofv alidity of permits or 1.5 Conditions and restrictions - exemptions, conditions and restrictions Withdrawal or modification 1.7 Refusal, amendment or withdrawal of - permission or instruction Instructions 6.1 Instructions 2.1 Signs 3.1 Traffic signs 2.2 Nuisance 4.3 Prohibition of the use of generators Prohibition of the use of main or auxiliary engines 2.3 Use of (traffic) objects Use of locks and bridges Removal of obstacles Minimum sailing speed Admission to the port Prohibition of berthing Stipulation of additional rules by the Municipal Executive Admission of combination carriers 5.1 Stipulation of additional rules by the Municipal Executive 12.1 Prohibition on ship with packaged dangerous goods occupying berth Tankers with dangerous substances outside the oil port area Reporting of combination carrier Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 18

19 3.1.3 Admission of radioactive materials Mooring and unmooring of seagoing vessels 4.13 Prohibition of moorng and unmooring ships Provision of boatman services 3.12 Recognition of a boatmen s organisation Mooring alongside a vessel Having a vessel ready for operation 4.10 Mooring securely Shifting of vessels other than at on 3.4 Shifting of ships - own request Accessibility of vessels 4.17 Safe access Rebuilding, repair, maintenance or 4.14 Performance of activities scrapping activities 5.1 Stipulation of additional rules by the Municipal Executive Release of substances and the like 4.1 Air pollution; stench, hindrance or risk - causing substances Recognition of boatmen s organisation Boatman s profession and obligations Substances or objects in public waters Reporting of substances or objects having entered the water Ship-to-ship transfer of unpackaged other liquid substances 5.1 Stipulation of additional rules by the Municipal Executive 4.1 Handling of dangerous or harmful fluid substances in bulk or as gas Fumigation 4.15 The fumigation of ships Cargo treated with fumigants 5.1 Stipulation of additional rules by the 10.1 Cargo treated with fumigants Municipal Executive Cleaning of tankers Washing and cleaning cargo tanks Notification of issue of certificates Bunkering and delivery of slops Bunkering checklist / bunkering operations Stipulation of additional rules by the Municipal Executive 11.2 Prohibition on mooring alongside tankers with dangerous substances Notification of bunkering or pump transfer of fuel oil or lubricating oil Loading and discharging of dry bulk cargo at mooring buoys 5.1 Stipulation of additional rules by the Municipal Executive Berthing rules for (combination) tankers Tankers with dangerous substances outside the oil port area Loading and discharging of Reporting of combination carrier combination carriers Mooring alongside tankers Prohibition on mooring alongside tankers with dangerous substances Shifting of dangerous substances Ship-to-ship transfer of unpackaged 5.1 Stipulation of additional rules by the 4.1 Handling of dangerous or noxious Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 19

20 liquid dangerous or hazardous Municipal Executive substances in bulk or as gas substances Transshipment between a tanker and shore-based installation 5.1 Stipulation of additional rules by the Municipal Executive 4.1 Handling of dangerous or harmful fluid substances in bulk or as gas Creating of dangerous situations Storage in transit of dangerous - - substances Placement of units Loading and discharging from shore 4.5 Transshipment between ships and - tanks, as referred to in transport legislation tanks, as referred to in the traffic legislation, on the quay Accidents and dangers Operational failures Reporting of operational faults, deficiencies or damage Non-intrinsically safe equipment Oil port area 3.11 Designation of oil port areas Acces to the oil port area 5.1 Stipulation of additional rules by the Municipal Executive Ships admitted into the oil port area Construction and equipment rules for oil port area Having a vessel ready to sail in the oil harbour Keeping a ship ready for operation in the oil port area Mooring in the oil port area Mooring sea-going tankers loaded with dangerous substances Smoke and fire 5.1 Stipulation of additional rules by the Municipal Executive 2.5 Prohibition of open flame and producing sparks Smoking prohibition Oil-containing fibres Designation of companies with 4.6 The permitting of reception facilities - reception facilities Designation of companies with 5.1 Stipulation of additional rules by the 7.1 Application for a licence reception facilities Municipal Executive Publication of the companies - - designated pursuant to Article Notification of delivery Penal provision 6.2 Penalty clause Supervision 6.3 Supervisory officials Investigation Transitional provisions 7.2 Transitional law - Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 20

21 5.2 Entry into force 7.3 Entry into force Official title 7.4 Official title - Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 21

22 Transposition Table 2 RhN 2012 Rhv 2010 Regional Port Bye-laws for the Noordzeekanaalgebied 2012 (RhN 2012) Regional Port Bye-laws for the Noordzeekanaalgebied 2010 (Rhv 2010) Article Name of article Article Name of article number number 1.1 Definitions 1.1 Definitions 1.2 Range of application Scope of application 1.3 Supplement to or derogation from the Algemene wet bestuursrecht - (the Dutch General Administrative Law Act) 1.4 Decision period Decision period 1.5 Conditions and restrictions Period of validityof permits or exemptions, condittions and restrictions 1.6 Period of validity Written or verbral permits or exemptions Period of validity of permits or exemptions, conditions and restrictions 1.7 Refusal, amendment or withdrawal of permission or instruction Withdrawal or modification 1.8 Grounds for the granting of an exemption or a general exemption Obligations of holders permission Legal entity to which bye-laws apply Appointment of Harbour Master Traffic signs 2.1 Signs 3.2 Prohibition of berthing Admission to the port 3.3 The designation of and prohibition on exceeding the operational of - berths 3.4 Shifting of ships Shifting of vessels other than at own request 3.5 Prohibition on jacking up a drilling platform or production platform The use of propellers, bow thrusters or stern thrusters Nuisance to ships The designation of dock basins with an entry prohibition Measures to exclude from economic traffic The designation of berths for tankers The designation of oil port areas Oil port area 3.12 Recognition of a boatmen s organisation Provision of boatman services 4.1 Air pollution; stench, hindrance or risk causing substances Release of substances and the like 4.2 Use of waste incinerators Prohibition of the use of generators 2.2 Nuisance 4.4 Prohibition of the use of main or auxiliary engines 2.2 Nuisance 4.5 Transshipment between ships and tanks, as referred to in the traffic Loading and discharging from shore tanks, as reffered to in trasport Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 22

23 legislation, on the quay legislation 4.6 The permitting of reception facilities Designation of companies with reception facilities 4.7 Serious danger, damage or hindrance causing ships Bunkering checklist / bunkering operations Bunkering and delivery of slops 4.9 Prohibition of transfer of fuel oil or lubricating oil Mooring securely Having a vessel ready for operation 4.11 The use of anchors The use of spud poles Prohibition of mooring and unmooring ships Mooring and unmooring of seagoing vessels 4.14 Performance of activities Rebuilding, repair, maintenance or scrapping activities 4.15 The fumigation of ships Fumigation 4.16 Bunkering, receiving stores or disposal of waste by seagoing tankers Safe access Accessibility of vessels 5.1 Stipulation of additional rules by the Municipal Executive (1a) the conditions under which ships are allowed to stay in an oil port area, which conditions may relate to the activities that take place in an oil port area or requirements with which ships or crew must comply, while remaining in an oil port area Acces to the oil port area Smoke and fire (1b) the presence of a tanker with dangerous substances outside an oil port area - (1c) the handling of dangerous or noxious substances in bulk Ship-to-ship transfer of unpackaged other liquid substances Ship-to-ship transfer of unpackaged liquid dangerous or hazardous substances Transshipment between a tanker and a shore based installation (1d) the cleaning of tanks containing a dangerous or noxious substances Cleaning of tankers (1e) the conditions under which berthing alongside tankers with dangerous substances takes place, what conditions may concern to the activities that can take place, or the requirements with which ships or crew must comply, when berthed alongside Bunkering and delivery of slops Mooring alongside tankers (1f) the application for a permit to to receive ships' waste, other harmful Designation of companies with reception facilities Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 23

24 substances or residues of harmful substances 1g) the recognition of boatman s organisations - (1h) the obligations which boatmen must comply Provision of boatman services (1i) the berthing of ships of which the cargo has been treated with fumigants, and the execution of operations aboard these ships Cargo treated with fumigants (1j) the information that ships must report when they enter the port or intend to perform activities while port or in case of operational failure, deficiencies or damage to or on board a ship that could cause danger, damage or hindrance to the ship or environment, as well as the official body to which the report must be made and the time and method of reporting Admission of combination carriers Subjects or objects in public waters Accidents and dangers Operational failures (2a) the berthing of a ship loaded with packaged dangerous goods within a distance still to be defined of a vulnerable object Admission to the port (2b) berthing at a specific berth Instructions Instructions 6.2 Penalty clause 4.1 Penalty provision 6.3 Supervisory officials 4.2 Supervision 6.4 Entry of residential premises Repeal of old bye-laws Transitional law 5.1 Transitional provisions 7.3 Entry into force 5.2 Entry into force 7.4 Official title 5.3 Official title Appendix 1 Regionale Havenverordening Noordzeekanaalgebied 2012 (Regional Port Bye-laws for the Noordzeekanaalgebied 2012) 24