Bijlage D Regeling zeevarenden: – Verklaring naleving maritieme arbeid Deel I

Regeling zeevarenden

The Netherlands Maritime Labour Convention, 2006 Declaration of Maritime Labour Compliance - Part I for ships of which the keel was laid or similar stage of construction was completed, before 20th August 2013 (NOTE: This Declaration must be attached to the ship’s Maritime Labour Certificate) Issued under the authority of the Government of the Netherlands by the Minister of Infrastructure and Water Management With respect to the provisions of the Maritime Labour Convention, 2006 (“MLC 2006, as amended” or also referred to below as “the Convention”), the following referenced ship: Name of Ship IMO Number Gross tonnage Scheepsnaam IMO nummer is maintained in accordance with Standard A5.1.3 of the Convention. The undersigned declares, on behalf of the abovementioned competent authority, that: The Working Hours Act, art. 1:2, 2:8, 3:1 and 3.2 (1 and 2), further specified in the Further Regulation Child Labour, art. 1: 1 (2 h), decrees that no person younger than 16 years may work as a seafarer, in accordance with the MLC, 2006. The Working Hours Decree Transport, art. 6.1.2 and 6.5.3, decrees that no person younger than 18 years shall work during night-time, in accordance with the MLC 2006, as amended. A young seafarer has a rest period of at least 12 hours in each 24 hour period, of which at least 9 hours are uninterrupted and in which the period between 00:00 and 05:00 hours has been included. The Working Hours Decree Transport, art. 6.5.3 (3b), decrees that a person younger than 18 years may work during night-time in an effective training programme, in accordance with the MLC 2006, as amended. The Occupational Safety and Health Decree, art. 1.1 (5), 1.36, 1.37 and 6.27 prohibits persons under 18 from dangerous work, in accordance with the MLC 2006, as amended. The Seafarers Act, art. 19 (1a.3), 25a, 40, 40a, 41, 45 and 47, and the Decree Seafarers Merchant Shipping and Sailing Ships, art. 104, 105, 107 and 113, require that all seafarers shall be medically certified a

• (a) the provisions of the MLC 2006, as amended are fully embodied in the national requirements referred to below;
• (b) these national requirements are contained in the national provisions referenced below; explanations concerning the content of those provisions where they differ from the MLC 2006, as amended are provided where necessary;
• (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the section provided for this purpose below;
• (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below;
• (e) any ship-type specific requirements under national legislation are referenced under the requirements concerned.
• (a) the provisions of the MLC 2006, as amended are fully embodied in the national requirements referred to below;
• (b) these national requirements are contained in the national provisions referenced to below; explanations concerning the content of those provisions where they differ from the MLC 2006, as amended are provided where necessary;
• (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the section provided for this purpose below;
• (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below;
• (e) any ship-type specific requirements under national legislation are referenced under the requirements concerned.
• (a) the provisions of the MLC 2006, as amended are fully embodied in the national requirements referred to below;
• (b) these national requirements are contained in the national provisions referenced to below; explanations concerning the content of those provisions where they differ from the MLC 2006, as amended are provided where necessary;
• (c) the details of any substantial equivalencies under Article VI, paragraphs 3 and 4, are provided in the section provided for this purpose below;
• (d) any exemptions granted by the competent authority in accordance with Title 3 are clearly indicated in the section provided for this purpose below;
• (e) any ship-type specific requirements under national legislation are referenced under the requirements concerned.
• • Civil Code, Book 7, articles 690, 693, 694, 735, 736, 737 and 738;
• • Code of Civil Procedure art. 6b;
• • Act on Allocation of Workers by Intermediaries, article 1(1c and 3) and articles 1a, 8, 9, 9a and 11;
• • Decree Claims of Seafarers, Recruitment and Placement of Seafarers, articles 9-11. The Working Hours Act art. 1:1 (1 and 2)
• • The Working Hours Decree Transport art. 1 (1 and 2)
• 1. Except for the second paragraph, Our Minister of Infrastructure and Environment, after consultation of the organizations of sea employers and seafarers which can be considered to be representative, either in an incidental case, or in general, may grant exemption from the Articles 48 through 62, under the conditions or restrictions to be given by him, if necessary.
• 2. For ships, on board of which because of the composition of the crew the interests of crew members which have different habits or religious and social nature shall be taken into account, Our Minister of Infrastructure and Environment, after consultation of the organizations of sea employers and seafarers which can be considered to be representative, may grant exemption from the Articles 54, first paragraph and second paragraph, under d, 55, second and third paragraph, and 58, first and sixth paragraphs, under the conditions or restrictions to be given by him, if necessary, provided that the organizations as referred to above have agreed upon this.
• 1. Section 3 (Accommodation and facilities for the benefit of the seafarers on board) of this Regulation does not apply to the following ships:
• c. ships designed to encourage and promote traditional skills and seamanship and that are navigated as living monuments according to the traditional principles of seamanship and technique, unless in a regulation of section 3 has been stated expressly that that regulation does apply to the ships as referred to in item a or c.