Rotterdam Port By-Laws 2020 (July 2023 version)

Contents

1 Section 1 General Provisions 3

2 Section 2 Harbour Master 9

3 Section 3 By-Laws and use of the port 10

4 Section 4 Safety and environment in the port 13

5 Section 5 Petroleumhavens 17

6 Section 6 Transhipment of hazardous or harmful liquid substances in bulk 20

7 Section 7 Zoning scheme for vessels with hazardous substances in packaged form
or in bulk 21

8 Section 8 Bunkering, debunkering and transferring additives to or from board 22

9 Section 9 Reserved 25

10 Section 10 Reserved 26

11 Section 11 Services 27

12 Section 12 Safety requirements of vessels for boatmen and passenger transport 33

13 Section 13 Clean engines in inland vessels 39

14 Section 14 Enforcement 40

15 Section 15 Transitional and concluding provisions 41

APPENDIX 1 as referred to in the Rotterdam Port By-Laws 2020 42

APPENDIX 2 as referred to in Article 7.1 of the Rotterdam Port By-Laws 2020 43

APPENDIX 3 of the Rotterdam Port By-Laws 2020 44

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The Council of the Municipality of Rotterdam,

Having read the proposal from the municipal executive dated 5 November 2019 (council
proposal no. 19bb22596); council paper 19bb22596;

having regard to articles 147 and 156(3) of the Municipalities Act;

considering that:
- in the Rotterdam Port By-Laws 2020 it is necessary to revise rules relating to good
port management in connection with new nautical, environmental, technical and
planning developments;
- the 2020 Rotterdam Port By-Laws serve to promote good port management,
including planning (efficient use of the port), the safety and environment of the port
and its surroundings and the quality of services in the port;

Decides to adopt:

Rotterdam Port By-Laws 2020

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 1 Section 1 General Provisions

Article 1.1 Terms

- ADN: European Agreement concerning the International Carriage of Dangerous Goods
by Inland Waterways;
- a notification having the same meaning as a traffic sign: a written notice to shipping traffic
indicating to that traffic:
a. information on the condition of a particular location in or a certain section of a
shipping route, or;
b. information, recommendation, order or prohibition or lifting of an order or prohibition
for traffic behaviour at a particular location in or a certain section of a shipping route;
- ancillary substances: substances required on board a vessel to operate propulsion or
auxiliary equipment;
- authorisation: a permit, dispensation, approval or exemption;
- auxiliary equipment: machinery, equipment or installations on a vessel that support
propulsion or provide power;
- boatman: the person whose job it is to moor or unmoor a seagoing vessel;
- boatmen’s organisation: an organisation of boatmen that carries out activities to ensure
the competence of boatmen and provides the required equipment, or a company
employing boatmen;
- bunker vessel: vessel used for bunkering;
- bunkering permit: permit for the supply or debunkering of solid, liquid or gaseous fuels or
any other source of energy used for vessel propulsion or for the general or specific
energy supply on board vessels;
- bunkering, debunkering or transferring ancillary substances on board;
- bunkering: the supply of solid, liquid or gaseous fuels or any other source of energy used
for propulsion of ships or for the general or specific energy supply on board ships;
- buoy span: berth with the feature that the vessel can moor from the bow or stern on or
between one or more designated buoys or dolphins, in which the vessel moors without
any contact with other port mooring facilities;
- captain: the person in actual command of the sea-going vessel;
- cargo residues: the remnants of any cargo which remain on deck or in the holds after
cargo operations. This does not include dust remaining on deck after sweeping or dust on
the external surfaces of the ship;
- checklist: list used to check the transhipment of dangerous or harmful liquids;
- closed tank cleaning: any operation aimed at or related to ensuring that a tanker’s cargo
tanks or slop tanks are clean, gas-free or vapour-free with no emissions occurring to the
atmosphere during the operation, which includes the use of a vapour recovery
facility;
- combination carrier: sea-going vessel equipped to carry alternately bulk liquid cargo or
dry cargo;
- combustible liquid: liquid of which flammability is the only hazardous property;
- dangerous goods: substances that present or may present a risk of explosion, fire,
corrosion, poisoning, intoxication or radiation, as stated in:
a. the IBC Code;
b. the IGC Code;
c. the IMDG Code;
d. the IMSBC Code, or;
e. the ADN;

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- debunkering: returning solid, liquid or gaseous fuels or any other source of energy used
for the propulsion of vessels and for the general and specific energy supply on board
vessels;
- dolphin berth: berth against which a vessel can moor without any contact with other port
mooring facilities;
- efficient use of the port: planning;
- Fumigation: to treat with gases or substances that dissipate gases;
- gas expert: expert holding a certificate of professional competence ‘Gas expert’ as
referred to in Article 3.5h(4) of the Working Conditions Decree;
- harbour master: the harbour master, as referred to in article 2.1;
- harmful substances: substances designated or named as such under or pursuant to the
Prevention of Pollution from Ships Act;
- IBC Code: International Code for the Construction and Equipment of Ships Carrying
Dangerous Chemicals in Bulk from the IMO;
- IGC Code: International Code for the Construction and Equipment of Ships Carrying
Liquefied Gases in Bulk from the IMO;
- IMDG Code: International Maritime Dangerous Goods Code;
- IMO: International Maritime Organization;
- IMSBC Code: International Maritime Solid Bulk Cargoes Code;
- inert atmosphere: an atmosphere in a cargo tank or slop tank where the oxygen level has
been reduced to no more than 8 percent by volume by adding an inert gas under positive
pressure;
- infrastructure: the set of static, sustainable investment assets for the traffic or transport
of:
a. persons and freight, including waterways, bridges, tunnels, quays, locks and sea
ports;
b. above-ground masts and cables for electricity and telecommunications, or;
c. underground (or subsea) pipelines for water, gas and oil, wastewater, cables for
telecommunications etc;
- inland tanker: inland vessel built for or adapted to carry bulk liquid cargo or gas in cargo
tanks, as referred to in the ADN;
- inland vessel: vessel other than a sea-going vessel;
- ISGINTT: International Safety Guide for Inland Navigation Tank-barges and Terminals;
- ISGOTT: International Safety Guide for Oil Tankers and Terminals;
- lasher: the person who secures and lashes containers on board sea-going vessels;
- lashing company: company that is professionally engaged in securing and lashing and is
registered with the Chamber of Commerce;
- lashing: seaworthy lashing and unlashing of containers on board sea-going vessels;
- leisure craft: a vessel intended or used for sports or leisure purposes;
- MARPOL: International Convention for the Prevention of Pollution from Ships, 1973, as
amended;
- municipal executive: the mayor and aldermen;
- of the Provincial Executive of South Holland and the Municipal Executive of Rotterdam
dated 4 February 2014, 11 October 2016 and 15 May 2018;
- open flame: flame, spark formation and any surface within 25 metres of a hazardous
substance that has a temperature equal to or higher than the minimum ignition
temperature of that substance;
- open tank cleaning: any operation aimed at or related to ensuring that a tanker’s cargo
tanks or slop tanks are clean, gas-free or vapour-free where emissions may be released
into the atmosphere during the operation;

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- operational area: area limited in length, width, depth or height within which vessels can
berth to carry out their activities;
- operator of a buoy or dolphin berth: owner, manager or any other person having control
over the use of a buoy or dolphin berth;
- operator: owner, manager, bareboat charterer or any other person having control over
the use of the vessel;
- passenger ship: an inland vessel intended or used for the commercial transport of more
than twelve persons excluding crew;
- passenger transport: the transportation of persons for a fee;
- petroleumhaven: area equipped to handle a tanker carrying dangerous substances;
- planning: efficient use of the port;
- port: the following waters, harbours or waterways as well as all structures associated with
these waters including slipways, docks, ship repair yards and loading and unloading
areas that are open to shipping within the municipal boundaries:
a. the Rijksvaarwegen (national waterways);
b. all tidal waters, harbours or waterways located on the Rijksvaarwegen west of
Erasmus Bridge and west of kilometre mark 998 in the Oude Maas up to the Hoek
van Holland breakwaters, excluding the Veerhaven;
c. the Alblashaven;
d. the Bolneshaven;
e. the Bornissehaven;
f. the Coolhaven;
g. the Delfshavense Schie;
h. the Gantelhaven;
i. the Houtzagerijhaven;
j. the Lingehaven;
k. the Nassauhaven;
l. the Peltserthaven;
m. the Persoonshaven;
n. the Watertorenhaven;
o. the Zout Ziederhaven;
- reception facility: facility for the reception of ship-generated waste;
- reception of ship-generated waste: the reception of ship-generated waste using a fixed,
floating or mobile facility equipped to receive ship-generated waste as defined in
Directive 2019/883/EC of the European Parliament and of the Council, or as
subsequently amended or revised;
- Rijksvaarwegen (Dutch national waterways):
a. Oude Maas;
b. Nieuwe Maas;
c. Zuiddiepje;
d. Koningshaven;
e. Nieuwe Waterweg;
f. Breeddiep;
g. Scheur;
- safety contour: safety contour as specified in the:
a. Decision to adopt the Botlek-Vondelingenplaat Safety Contour;
b. Decision to adopt the Maasvlakte 1 and Maasvlakte 2 Safety Contour;
c. Decision to adopt the Europoort and Landtong Safety Contour;
d. Decision to adopt the Eemhaven and Albrandswaard distribution park Safety
Contour, or;

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 e. Decision to adopt the Waalhaven Safety Contour;
- service vessel: any vessel involved in the following forms of service provision to vessels:
a. repair or cleaning;
b. open or closed cleaning or otherwise;
c. delivering or collecting supplies or vessel parts;
d. collecting ship-generated waste, or;
e. inspecting the vessel hull;
- ship-generated waste: all ship-generated waste including cargo residues generated
during the operation of a sea-going vessel or during loading, unloading and cleaning
operations and falling within the scope of Annexes I, II, IV, V and VI of the MARPOL
Convention, as well as passively retrieved waste;
- shuttle services: transporting persons to and from sea-going vessels for a fee;
- site-specific risk: risk at a site outside a location, expressed as the probability per year
that an unprotected person at that site for an extended period would die as a direct result
of an unusual incident within that facility involving a hazardous substance or hazardous
waste;
- skipper: the person in actual command of an inland vessel;
- slop tank: tank on board a vessel intended for holding cargo residues (sometimes mixed
with water) or harmful, combustible or other dangerous liquids (slops);
- StSTGP: Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gases;
- tanker: inland tanker or sea-going tanker;
- transhipment: loading or unloading of cargo to or from a vessel;
- vapour recovery facility a fixed or mobile facility, other than a vapour return line to capture
vapours from cargo during degassing or purging of empty or unloaded tanks and the
loading and unloading lines connected to them, or during the transhipment of hazardous
or harmful substances;
- vapour return line: vapour pressure equalisation system between the cargo tanks
involved in the direct transhipment to ensure emission-free transhipment;
- vapour: the atmosphere above a liquid substance as a result of a certain pressure of that
liquid substance;
- vegetable or animal oils: oils or fats extracted from seeds or fruits of plants or trees, or
oils and fats of animal origin;
- venting: the exposure of a tanker’s opened cargo tanks or slop tanks to the atmosphere
for drying after cleaning where the concentration of dangerous gases and vapours in the
vented mixture at the point of venting:
a. is not higher than 10% of the lower explosive limit, or;
b. is below the limit value referred to in Article 4.3 of the Working Conditions Decree for
substances referred to in the ADN where column 18 of Table C requires a toxicity
meter;
- vessel: any vessel including a seaplane, hydrofoil, hovercraft, drilling rig, work platform or
similar object, dredger, floating crane, elevator, pontoon, barge, floating implement,
floating object or floating device;
- vulnerable objects: extremely vulnerable buildings, vulnerable buildings or locations as
referred to in appendix VI of the Environmental Quality Decree of the Netherlands;

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Article 1.2 Where do these regulations apply?
1. These By-Laws apply in the port.
2. The provisions of or pursuant to section 11, with the exception of subsections 3 and 4,
do not apply to vessels navigating on Rijksvaarwegen.
3. With respect to passenger transport of 12 persons or less, apart from the crew, article
11.1.3 also applies to all tidal waters within the municipality, with the exception of
vessels navigating on Rijksvaarwegen.

Article 1.3 To whom do these By-Laws apply?

1. The captain or skipper is responsible for compliance with the provisions of or pursuant to
these By-Laws unless otherwise provided for in these By-Laws.
2. If a captain or skipper is not on board the vessel, the operator is responsible for
compliance with the provisions of or pursuant to these By-Laws.

Article 1.4 Decision period for authorisation

1. The municipal executive decides on a request for authorisation within eight weeks of the
date of receiving the request.
2. The municipal executive can extend this period by a maximum of eight weeks.

Article 1.5 Requirements and restrictions

1. The municipal executive may attach requirements and restrictions to an authorisation,
designation or measure. These requirements and restrictions are intended to protect the
interest or interests of the relevant authorisation, designation or measure.
2. The person receiving the authorisation, designation or measure or on whom a measure
is imposed must comply with the requirements and restrictions associated with this.

Article 1.6 Refusal, change to or withdrawal of authorisation

The municipal executive can refuse, change or withdraw the authorisation if:
a. incorrect or incomplete details were provided during the request;
b. this is necessary to protect safety, the efficient use of the port, the environment in the
port or its surroundings, as well as service quality;
c. the requirements and restrictions attached to the authorisation have not been or are not
being complied with;
d. the authorisation is not used within the specified period or, in the absence of a specified
period, within a reasonable period, or;
e. the holder of the authorisation requests this.

Article 1.7 Validity period

1. The authorisation is valid for up to five years.
2. Contrary to the provisions of the first subclause, the municipal executive may:
a. grant authorisation for an indefinite period;
b. grant the permit referred to in article 8.1 or article 8.5 for a different maximum period
of validity.

Article 1.8 Obligation to retain authorisations on board

1. The authorisation relating to a vessel, or a digital or hard copy of this, must be retained
on board the vessel.
2. This article does not apply to barges.

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Article 1.9 Waivers and exemptions from orders and prohibitions
1. On request, the municipal executive may also grant dispensation or exemption from the
prohibitions and orders contained in or pursuant to these By-Laws.
2. The municipal executive only uses this authority if:
a. this does not affect the efficient use of the port, safety, or the environment in the port
or its surroundings, and;
b. the person making the request demonstrates that all the purposes referred to in
point (a) are equally well served.

Article 1.10 Notification to the harbour master

Notifications required under the provisions of or pursuant to these By-Laws must be
forwarded in a way or at a time indicated by the harbour master, whereby the harbour master
may also determine the data to be forwarded.

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 2 Section 2 Harbour Master

Article 2.1 Appointment of harbour master

The municipal executive appoints the harbour master.

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 3 Section 3 By-Laws and use of the port

Article 3.1 Traffic signs and notices that have the same meaning as a traffic sign
1. The municipal executive can erect traffic signs that are stated in the Inland Waterways
Police Regulations (BPR) and can add more detailed particulars to these traffic signs.
2. A traffic sign and any more detailed particulars must be complied with.
3. That stated in the first and second subclauses applies mutatis mutandis to a notice that
has the same scope as a traffic sign.

Article 3.2 Designate berthing areas and berthing periods

1. The municipal executive can designate areas where:
a. certain categories of vessel may or may not be located, including using a berth, or;
b. certain activities are permitted or not.
2. The municipal executive can indicate in the notice within which periods the designation
applies.

Article 3.3 Using a berth

A vessel may only take a berth if it is:
a. in compliance with local traffic signs and further designations that have been introduced;
b. in compliance with notices that have the same meaning as a traffic sign, or;
c. berthing at a berthing facility with the consent of a lessee, leaseholder or owner, except
if the municipal executive does not permit the taking of a berth from the viewpoint of
efficient use of the port, safety or environment.

Article 3.4 Proper mooring

1. A vessel is moored properly and safely.
2. If a sea-going vessel is moored longitudinally to another moored vessel, the sea-going
vessel of the lengths specified below must maintain the following distances:
a. up to and including 120 metres; 0.1 x the length of the sea-going vessel with a
minimum of 10 metres, or;
b. longer than 120 metres in length; 0.1 x the length of the sea-going vessel with a
minimum of 15 metres and a maximum of 35 metres.

Article 3.5 Raising vessels

A vessel may only be raised using equipment if the vessel is located in an area designated
for this purpose by the municipal executive.

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Article 3.6 Use of propellers, bow thrusters or stern thrusters
1. A vessel may not use propellers, bow thrusters or stern thrusters if:
a. it is grounded;
b. it is moored, anchored or on spud poles;
c. the propellers, bow thrusters or stern thrusters are used to force the vessel against
the quay or shore, other than immediately for mooring or demooring purposes, or;
d. this could result in damage to infrastructure.
2. That stated in the first subclause under b does not apply if the vessel is moored
alongside another vessel and needs to heave to or turn away to prevent damage.
3. If a vessel’s propulsion, bow thrusters or stern thrusters are operational, a person
authorised to steer the vessel must be present on the bridge.
4. That stated in the third subclause does not apply if the vessel:
a. moors or unmoors;
b. is no more than 35 metres long;
c. pursuant to the required valid certificate as referred to in the Dutch Inland Navigation
Act, is permitted to sail with one crew member, and;
d. has one crew member, this being the skipper, who is the only person on board.

Article 3.7 Use of anchors and spud poles

1. An anchor or spud pole may only be used:
a. in areas designated by the municipal executive;
b. in accordance with local traffic signs and further designations or with a decision that
has the same meaning as a traffic sign, or;
c. if the use thereof does not cause any damage to infrastructure, underground
infrastructure installed in the underwater bed or shore protection works.
2. If an anchor or spud pole is used in a situation as referred to in the first subclause, under
c, the harbour master must be notified in advance.
3. The provision stated in the first subclause does not apply to an anchor if this is used by a
sea-going vessel on the advice of a pilot:
a. when mooring, or;
b. to prevent a collision.

Article 3.8 Entitled parties

Only entitled parties may stop, board or unmoor a vessel.

Article 3.9 Reporting operational failures, defects, damage or collision

Operational failures, defects or damage to or on board a vessel that may cause danger,
damage or hindrance to the vessel or its surroundings, or a collision must be reported
immediately to the harbour master.

Article 3.10 Reporting obligation of sea-going vessels

1. Reserved.
2. The captain, operator or agent of a sea-going vessel belonging to a category of sea-
going vessels to be determined by the municipal executive and that is en route to or from
a berth located within the municipal boundaries must notify the harbour master of
information determined by the municipal executive concerning:
a. arrival;
b. departure;
c. shifting;

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 d. the vessel position;
e. information on the nautical services to be used and the shipping agent;
f. information with respect to the vessel;
g. the transported cargo, and;
h. the journey being undertaken.
3. This article does not apply insofar as the subject matter regulated therein is provided by
or pursuant to the Notification of Reporting Formalities and Data Processing Operations
and the Inland Waterways Police Regulations (BPR).

Article 3.11 Operational area berths

1. The municipal executive can designate a berth as an operational area.
2. The municipal executive can set additional rules with respect to nautical use of the
operational area.
3. The lessee, leaseholder or owner of the berth’s mooring facility may only allow vessels
to berth within the operational area.
4. After notifying the harbour master, bunker or service vessels may berth entirely or partly
outside the operational area to carry out their activities, unless the municipal executive
determines otherwise in the decision referred to in the first subclause.

Article 3.12 Measures relating to withdrawal from economic use

The municipal executive can impose measures on a vessel to protect safety or
environmental interests or in the interests of efficient port management, if:
a. the vessel does not have the required certification;
b. the vessel, cargo or bunkers have been seized;
c. the vessel is laid up, or;
d. the vessel has been withdrawn from nautical or economic use.

Article 3.13 Facilities in the port

All persons are prohibited from placing or installing facilities or objects in, on, under or above
water unless:
a. no hazard, damage or nuisance can occur as a result, or;
b. this involves placing or installing and using vessel accessories and services needed to
load and unload a vessel.

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 4 Section 4 Safety and environment in the port

Article 4.1 Pollution and nuisance caused by vessels

It is prohibited:
a. to allow substances to escape from a vessel that cause or are likely to cause hazard,
damage or hindrance; or
b. to use a waste incinerator on board a vessel in the port.

Article 4.2 Prohibition on the use of generators, and main and auxiliary engines
1. The municipal executive may designate areas in which it is prohibited to use a generator
or a main or auxiliary engine on board a vessel.
2. It is permitted to operate a generator or a main or auxiliary engine on board a vessel
immediately prior to departure and immediately after arrival of a vessel in a designated
area.

Article 4.3 Hazard, damage or hindrance from vessels

If, in the municipal executive’s opinion, a vessel causes or may cause potential hazard,
damage or hindrance, or disruption to efficient use of the port in or in the vicinity of the port,
or endangers or may endanger safety, the municipal executive can:
a. prohibit that vessel from entering the port, remaining in the port or taking a berth, or;
b. may issue verbal or written instructions to the captain, skipper or operator of a vessel
calling at or berthed in the port.

Article 4.4 Safe access

1. A moored vessel must provide safe access to that vessel.
2. An inland waterway vessel does not need to provide safe access if:
a. this is impossible due to the physical situation of loading or unloading operations, or;
b. the vessel will only be moored for a short period.

Article 4.5 Carrying out activities

1. Anyone may carry out activities or have work carried out on board a vessel or on an
object on a vessel if this is connected with the operational readiness, modification,
repair, or improvement of the vessel or the object, if:
a. the vessel is moored at a location at which these activities are permitted; or
b activities:
1°. take place within a period of 7 x 24 hours after the start of the initial activities;
2°. do not or cannot cause hazard, damage or hindrance;
3°. take place at least 25 metres from dangerous substances or combustible
material;
4°. are carried out and, during the activities, effective firefighting equipment and
persons familiar with the use of such equipment are readily available, and;
5°. do not or cannot cause spark discharge to the outside air when the vessel is in
a petroleumhaven.
2. Activities on a tanker or to or in a vessel’s fuel tank that could cause or be capable of
causing hazard, damage or hindrance may only take place if a gas expert:
a. has issued a health and safety certificate, or;
b. has determined that no health and safety certificate is required.

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3. The municipal executive may designate fuels, energy sources or ancillary substances for
systems on board a vessel on which no work may be carried out by any person, unless
the work is carried out at a location at which such activities are permitted.
4. Demolition work on a vessel may only be carried out if the vessel is moored at a location
at which such activities may be carried out.
5. For activities on a sea-going vessel as referred to in the first subclause under b and the
second subclause, a notification must be submitted to the harbour master prior to
starting the activities.

Article 4.6 Fumigation

The municipal executive can designate berths at which it is permitted for a vessel to berth for
vessel or cargo Fumigation.

Article 4.7 Cargo that has been fumigated abroad

1. If a vessel is loaded with solid bulk cargo and the cargo has been fumigated, the vessel
may moor at a berth if:
a. no operational actions take place during and after berthing;
b. the holds and hold vents remain closed, and;
c. nautical and operational handling of the vessel takes place in accordance with the
action plan.
2. The action plan is approved by the municipal executive. All persons are obliged to adhere
to the adopted action plan.

Article 4.8 Permit for reception of waste from sea-going vessel

The reception of ship-generated waste from sea-going vessels is only permitted if the
reception facility has a permit from the municipal executive.

Article 4.9 Minimum requirements for a permit for the reception of sea-going vessel
waste
1. The municipal executive can set minimum requirements on the permit holder and on the
permit for the reception of ship-generated waste.
2. These minimum requirements can relate to:
a. the permit holder’s professional qualifications, the permit holder’s staff or the natural
persons who effectively and continuously manage the permit holder’s activities;
b. the permit holder’s financial standing;
c. the equipment needed for the reception of ship-generated waste under normal and
safe conditions and the ability to maintain this equipment at the required level;
d. the availability to receive ship-generated waste for all users, at all berths and without
interruption, day and night, throughout the year;
e. compliance with requirements relating to maritime safety or the safety and security
of the port or access to the port, its installations, equipment and employees and
other persons;
f. compliance with local, national, European and international environmental
requirements, or;
g. the good repute of the permit holder, as determined in accordance with applicable
national law on good repute, taking into consideration any compelling grounds to
doubt the reliability of the provider of port services.

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Article 4.10 Permit for a mobile vapour recovery facility
1. A mobile vapour recovery facility may only remove vapour and cargo residues from a
tanker if it has a permit from the municipality.
2. The harbour master must be notified immediately before and immediately after the closed
cleaning of cargo tanks using a mobile vapour recovery facility unless the cleaning takes
place at a location where this activity is permitted.

Article 4.11 Cleaning and venting tanker cargo tanks or slop tanks
1. A tanker may only use closed tank cleaning to empty its cargo or slop tanks of the
following substances:
a. a dangerous or harmful substance that, pursuant to the IBC Code, must be
transported in a tank with a connection facility for a vapour return line;
b. a dangerous or harmful substance that, pursuant to the ADN, must be transported in
a closed tank;
c. a liquid as referred to in appendix 1, or;
d. a volatile organic compound.
2. Tanker cargo tanks and slop tanks that are empty of other substances as referred to in
the first subclause may be opened for cleaning at locations designated by the harbour
master.
3. Tanker cargo tanks that carry liquid gases as referred to in the ADN or IGC code may
only be cleaned if the vessel is berthed:
a. at a location at which such cleaning activities are permitted, and;
b. the residues of liquid gases are collected at this location.
4. Venting of tanker cargo tanks and slop tanks is only permitted at locations designated by
the harbour master.
5. The provisions of the second and fourth subclauses does not apply to the substances
mentioned in appendix 1.
6. The municipal executive may set rules on the restriction or prohibition of cleaning or
venting outside companies if the atmospheric or local conditions are such that the
release of such substances may cause hazard, damage, odour nuisance or hindrance.
7. The harbour master must be notified prior to any cleaning or venting.

Article 4.12 Berthed alongside during open cleaning and venting of cargo tanks or
slop tanks of sea-going tankers
The following vessels may berth alongside both sides of a sea-going tanker that has cargo
tanks that contain or have been emptied of dangerous liquids and the tanks are open for
cleaning or venting:
a. one sea-going tanker, or;
b. a maximum of two inland tankers certified in accordance with the ADN.

Article 4.13 Transhipment between vessels and mobile shore-based facilities

1. With respect to dangerous or harmful liquids between a vessel and a mobile shore-based
facility, the following actions are prohibited:
a. transhipment;
b. bunkering or debunkering of fuels, energy sources or ancillary substances in an area
or at a berth that is not designated under article 8.1(2) or article 8.5(2), or;
c. reception of ship-generated waste;
unless this activity takes place at a location at which such activities are permitted.

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2. In derogation of that stated in the first subclause under c, the municipal executive can
designate berths at which reception via a mobile facility is permitted.

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 5 Section 5 Petroleumhavens

Article 5.1 Petroleumhavens

The municipal executive can designate areas as petroleumhavens.

Article 5.2 Vessels permitted in a petroleumhaven

1. A vessel may only be present in a petroleumhaven if:
a. it is a tanker;
b. the vessel is using, has used or will use the petroleumhaven infrastructure during,
shortly before or shortly after unloading, loading, cargo tank or slop tank cleaning, or
bunkering;
c. it is a rowing or motor boat that is not powered by a petrol engine and is part of a
vessel’s equipment as referred to in subsection a or b, and:
1°. is used to transport passengers and crew to and from a vessel, or;
2°. tests are being carried out on the operation of the engine, davit or free-fall
system;
d. that vessel’s presence in the port is necessary in connection with the arrival, port
call or departure of a vessel as referred to in subsection a or b;
e. the vessel is working for a public body or the vessel is from the port management;
f. the vessel is sailing directly and without interruption to or from infrastructure outside
the petroleumhaven;
g. it is a service vessel;
h. it is a vessel that is carrying out dredging work;
i. it is a support ship;
j. it is a bunker vessel, or;
k. it is a vessel involved in providing shuttle services.
2. It is prohibited for leisure craft or a passenger ship to enter a petroleumhaven.

Article 5.3 Prohibition of open flame, smoking and spark discharge

1. All persons in a petroleumhaven or on board a vessel located there are prohibited from:
a. using open flame;
b. smoking outdoors;
c. smoking in the vessel unless this takes place in an area (an accommodation or
service area) that cannot be accessed directly from outside, is enclosed, or the
space complies with national or international legislation, or;
d. undertaking activities that can result in spark formation to the outside air.
2. It is prohibited for a vessel to enter a petroleumhaven with a sparking exhaust pipe from
an internal combustion engine.

17
Article 5.4 Tankers carrying dangerous substances
1. Tankers with cargo or slop tanks containing dangerous substances or residues thereof
may only berth at a petroleumhaven.
2. Tankers may also moor at berths outside a petroleumhaven if the cargo or slop tanks:
a. contain only dangerous liquids with exclusively combustible properties or residues
thereof:
1°. with a flash point of 55 degrees Celsius or higher;
2°. the atmosphere in the tank has been inerted;
3°. contain a maximum of 20% of the lowest explosive limit of combustible vapours
and remain closed, or;
b. contain only substances mentioned in appendix 3 or residues thereof or are emptied
of these.

Article 5.5 Inland tankers carrying dangerous substances

In derogation of article 5.4(1) an inland tanker may berth outside a petroleumhaven:
a. if the berth is only used briefly:
1°. at a designated car offloading point for the immediate loading or unloading of a car;
2°. at a location at which fuel is loaded and this is permitted;
3°. at a designated drinking water filling station for the immediate filling of drinking water
tanks, or;
b. if the vessel is a reception facility that is used at the location exclusively for collecting
ship-generated waste.

Article 5.6 Sea-going tankers carrying dangerous substances

1. If a sea-going tanker as referred to in article 5.4(2) (a), subsections 2° and 3° is at a
berth outside a petroleumhaven:
a. the ‘gas expert certificate’ form adopted by the harbour master will be issued;
b. cargo tanks or slop tanks must remain closed, and;
c. no handling of dangerous substances may take place;
2. The harbour master must be notified in advance of the sea-going vessel taking a berth
outside the petroleumhaven.

Article 5.7 Combination carriers carrying dangerous substances

1. In derogation of article 5.4(1) a combination carrier may take a berth outside a
petroleumhaven if:
a. the ‘gas expert certificate’ form adopted by the harbour master has been issued;
b. it is or will be loaded with solid bulk cargo;
c. with the exception of bunker tanks, all other tanks and spaces are free of
combustible liquids or residues thereof that have a flash point below or equal to 55
degrees Celsius;
d. no handling of dangerous substances takes place, and;
e. the tanks that are not directly adjacent to cargo holds containing combustible cargo
residues have an inert atmosphere or an atmosphere not exceeding 20% of the
lowest explosive limit for combustible vapours.
2. The harbour master must be notified in advance of a combination carrier taking a berth
outside the petroleumhaven.

18
Article 5.8 Construction and equipment requirements for service or support vessels
A service or support vessel entering a petroleumhaven must have:
a. a hull made entirely from non-combustible material;
b. an operating VHF radio system on which the relevant VHF port channel is monitored
continuously while in the petroleumhaven;
c. an electrical installation that meets at least the requirements according to Atex zone 2 of
Directive 1999/92/EC of the European Parliament and of the Council dated 16
December 1999, or as subsequently amended;
d. if present, an accommodation area, bridge, engine room or control room that provides
adequate protection against the ingress of dangerous gases and vapours;
e. if present, a heating, cooking or cooling appliance that runs on electricity or a
combustible liquid with a flash point of 55 degrees Celsius or higher, or these appliances
have been switched off, and;
f. a shielded engine that cannot act as an ignition source.

19
 6 Section 6 Transhipment of dangerous or harmful liquids in bulk

Article 6.1 Transhipment of dangerous substances at buoy or dolphin berths

In derogation of that stated by the operator of a buoy or dolphin berth pursuant to article
11.5.1(c), the transhipment, internal pumping, movement or mixing of dangerous substances
at a buoy or dolphin berth is prohibited.

Article 6.2 Checklist for the transhipment of dangerous or harmful liquids in bulk
1. Direct transhipment of dangerous or harmful liquids between tankers or transhipment
between a sea-going tanker and a location at which the activity is permitted may only
take place if the checklist as referred to in ISGOTT, StSTGP or ISGINTT has been
completed and signed by the parties involved for that activity in line with the provisions of
the aforementioned checklist.
2. The transhipment must take place in line with the checklist.

Article 6.3 Other rules for the transhipment of dangerous or harmful liquids in bulk
1. During the transhipment of the following dangerous liquids between tankers:
a. a dangerous or harmful liquid that, pursuant to the IBC Code, must be transported in
a tank with a connection facility for a vapour return line;
b. a dangerous or harmful liquid that, pursuant to the ADN, must be transported in a
closed tank;
c. a liquid as referred to in appendix 1, or;
d. a volatile organic compound;
the following must be used:
1°. a vapour return line connection between the relevant cargo tanks, or;
2°. a vapour recovery facility and in such a way that the operation causes the least
possible emissions to the atmosphere, outside the frameworks as indicated in
the vapour recovery facility permit.
2. During the transhipment, no more than the necessary cargo lines should be used. Fixed
connection points for cargo lines must be located at the shortest possible distance from
each other.
3. During transhipment of dangerous liquids, the vessel’s permanent cargo line should be
used.
4. During transhipment of dangerous liquids, with the exception of harmful substances, the
vessel’s permanent pump should be used.
5. A vessel involved in transhipment of dangerous liquids, other than harmful substances,
may have one vessel berthed on both sides. More vessels may berth on one side if this
concerns:
a. a service ship if this is berthed outside the tanker’s cargo zones, or;
b. one bunker vessel.

Article 6.4 Transhipment of gas

Transhipment of a gas as referred to in the IGC code or the ADN between two tankers is
prohibited.

Article 6.5 Berthing alongside during transhipment of gas

It is prohibited to berth alongside a vessel that is involved in the transhipment of a gas as
referred to in the IGC code or the ADN.

20
 7 Section 7 Zoning scheme for vessels with dangerous substances in
packaged form or in bulk

Article 7.1 Prohibition of berthing a vessel carrying dangerous substances

1. A vessel loaded with a dangerous substance in packaged form as listed in Appendix 2
may berth within a distance from the stowage position of the dangerous substance to
vulnerable objects as specified in Appendix 2, only if action is taken in accordance with
the provisions set out in Appendix 2.
2. If a dangerous substance is on board as cargo or cargo residue, a sea-going tanker may
only berth outside the specified distances from vulnerable objects as detailed in
Appendix 2, zone a or b.

21
 8 Section 8 Bunkering, debunkering and transferring ancillary substances
to or from board

Article 8.1 Bunkering

1. The municipal executive may designate fuels or energy sources that may be bunkered or
debunkered by anyone who has a permit from the municipal executive.
2. The municipal executive can designate areas or berths where:
a. bunkering or debunkering is prohibited;
b. bunkering or debunkering is permitted, or;
c. bunkering or debunkering according to that stated in the first subclause is only
permitted for certain fuels or energy sources.
3. The municipal executive can designate fuels that may not be bunkered.
4. A permit is not required if the bunkering or debunkering takes place at a company at
which these activities are permitted.
5. The municipal executive may designate fuels or energy sources containing one or more
properties of a dangerous substance whereby simultaneous activities are permitted while
the bunkering or debunkering of these fuels or energy sources is ongoing.

Article 8.2 Minimum requirements of a bunker permit

1. The municipal executive can set minimum requirements on the permit and the permit
holder of the bunkering permit.
2. These minimum requirements can relate to:
a. the permit holder’s professional qualifications, the permit holder’s staff or the natural
persons who effectively and continuously manage the permit holder’s activities;
b. the permit holder’s financial standing;
c. the equipment needed for bunkering under normal and safe conditions and the
ability to maintain this equipment at the required level;
d. the availability of the permit holder to bunker or debunker at all berths and without
interruption, day and night, throughout the year;
e. compliance with requirements relating to maritime safety or the safety and security
of the port or access to the port, its installations, equipment and employees and
other persons;
f. compliance with local, national, European and international environmental
requirements, and;
g. the good repute of the permit holder, as determined in accordance with applicable
national law on good repute, taking into consideration any compelling grounds to
doubt the reliability of the provider of port services.

Article 8.3 Fulfilling minimum requirements for a bunker permit

1. The permit application should include the information set out in an application form as
adopted by the harbour master.
2. The municipal executive can determine that, for certain fuels or energy sources,
additional details must be provided during the permit application. This additional
information relates to the regulations and restrictions referred to in the third subclause
and could relate to an audit that the municipal executive may conduct for bunkering or
debunkering activities carried out by the company.
3. Conditions and restrictions may be attached to the permit, including:
a. the location where bunkering or debunkering may take place and the safety
distances that must be taken into consideration during bunkering or debunkering;

22
 b. operational safety and the procedures governing the performance of bunkering or
debunkering, as well as whether or not to permit other activities to take place
simultaneously with bunkering or debunkering;
c. nautical safety;
d. external safety;
e. making operational reports related to bunkering or debunkering, and;
f. the subjects referred to in article 8.2(2).

Article 8.4 Regulations for vessels alongside during bunkering

The municipal executive can designate fuels and energy sources whereby restrictions apply
to the number, location and type of vessels that may berth alongside a vessel on which
bunkering or debunkering of these fuels or energy sources is taking place.

Article 8.5 Ancillary substances

1. The municipal executive may designate ancillary substances that may be transferred
from or on board a vessel by anyone who has a permit from the municipal executive.
2. The municipal executive can designate areas or berths at which:
a. ancillary substances cannot be transferred from or on board a vessel;
b. ancillary substances can be transferred from or on board a vessel, or;
c. only certain ancillary substances can be transferred from and on board vessels.
3. A permit is not required if the transfer of ancillary substances from or on board vessels
takes place at a location at which these activities are permitted.

Article 8.6 Ancillary substance permit requirements

1. The permit application should include the information set out in an application form as
adopted by the harbour master.
2. The municipal executive can determine that, for certain ancillary substances, additional
details must be provided during the permit application. This additional information relates
to the regulations and restrictions referred to in the third subclause and could relate to an
audit that the municipal executive may conduct for the activities carried out by the
company to transfer ancillary substances on and from board.
3. Conditions and restrictions may be attached to the permit, including:
a. the safety distances that must be taken into consideration when transferring
ancillary substances from or on board vessels;
b. the operational safety and procedures governing the transfer of ancillary substances
from or on board vessels, as well as whether or not to allow other activities to take
place simultaneously to the transfer of ancillary substances from or on board
vessels;
c. nautical safety;
d. external safety, and;
e. making operational reports related to transferring ancillary substances from or on
board vessels.

Article 8.7 Checklist for bunkering and debunkering and transferring ancillary
substances on board
1. The municipal executive may establish checklists for bunkering or debunkering or for
transferring ancillary substances from or on board.

23
2. The municipal executive can designate fuels, energy sources and ancillary substances
as well as categories of vessels in which a checklist applies to the bunkering or
debunkering of these.
3. The parties involved must complete a bunkering or debunkering checklist and must
comply with this checklist and keep it on board the vessels concerned for at least 24
hours after the end of bunkering or debunkering.

Article 8.8 Signs

1. The municipal executive may designate fuels or energy sources for which a sign must be
used during bunkering or debunkering, as determined by the municipal executive.
2. The municipal executive may set a minimum passing distance for vessels in relation to
bunkering activities for each of the designated fuels referred to in the first subclause.

Article 8.9 Notifications

The municipal executive may designate fuels, energy sources or ancillary substances for
which notifications must be made to the harbour master prior to and on completion of
bunkering, debunkering or transferring ancillary substances from or on board:
a. by or on behalf of the bunker permit holder, or;
b. if the vessel being bunkered has no bunker permit holder.

24
9 Section 9 Reserved

25
10 Section 10 Reserved

26
 11 Section 11 Services

Subsection 1 General

Article 11.1.1 Definitions

In this section, length means the length as referred to in section 1(o) of the Tonnage
Certificate Act 1981.

Article 11.1.2 Vessel inspections

1. If a vessel complies with the provisions of article 11.2.4(1)(a)(2) or Section 12, a
certificate of soundness will be issued by an inspector qualified to carry out inspections
for an institute or person that is authorised by the Minister of Infrastructure and Water
Management to conduct inspections on inland vessels. A copy of the certificate should
be provided to the harbour master.
2. A certificate of soundness loses its validity:
a. five years after the date of issue;
b. if the design of the vessel is changed, or;
c. if the condition of the vessel no longer justifies its use.

Article 11.1.3 Requirements for vessels and crew

1. The skipper of a vessel that is equipped and used for shuttle services or passenger
transport of 12 persons or less, apart from the crew:
a. must use a vessel that complies with the requirements pursuant to article
11.1.2(1) for the relevant category and is equipped with:
1°. a certificate of soundness as referred to in article 11.1.2(1), or;
2°. an inspection certificate as referred to in article 6 of the Inland Shipping
decree, and;
b. must be in possession of a commercial vessels master’s certificate as referred to
in article 14 of the Inland Shipping Decree and a basic certificate for maritime
communication.
2. The skipper of a vessel that sails in a petroleumhaven and is equipped and used for
shuttle services or passenger transport of 12 persons or less, apart from the crew,
must use a vessel that also complies with that stated in article 5.8.
3. The certificate of soundness relating to a vessel, or a hard or digital copy of this, must
be retained on board the vessel.
4. Insofar as this concerns passenger transport of 12 persons or less, apart from the
crew, the municipal executive may grant exemption from the provisions in the first
subclause, under a and b, if this concerns the possession of a commercial vessels
master’s certificate as referred to in article 14 of the Inland Shipping Decree.

27
Subsection 2 Mooring and unmooring of vessels

Article 11.2.1 Prohibition on mooring and unmooring sea-going vessels

1. It is prohibited for anyone to moor or unmoor a sea-going vessel.
2. That stated in the first subclause does not apply if:
a. the sea-going vessel is moored or unmoored by a boatman affiliated with or
employed by a recognised boatmen’s organisation as referred to in article 11.2.3;
b. it concerns a sea-going vessel of a length of 75 metres or less;
c. it concerns a sea-going vessel of a length of more than 75 metres but less than or
equal to 160 metres and which is safely unmoored by its own crew, who are
physically on board the sea-going vessel at the time the last mooring line is removed;
d. it concerns a sea-going vessel whose captain or first officer holds a PEC Small Sea-
Going Vessels as referred to in Article 36(1) of the Compulsory Pilotage Regulations
2021 and which is moored or unmoored by the sea-going vessel’s own crew;
e. it concerns a sea-going vessel whose captain or first officer holds a temporary PEC
Small Sea-Going Vessels as referred to in Article 21 of the Compulsory Pilotage
Regulations 2021 for the Rotterdam-Rijnmond - Zuid-Holland hinterland sea port area
and which is moored or unmoored by the sea-going vessel’s own crew, or;
f. it concerns a sea-going vessel of a length of less than or equal to 160 metres and
which is unmoored and moored by its own crew to shift the sea-going vessel along
one and the same quay and during the shifting no other moored vessel is passed.
3. That stated in the second subclause under b to f does not apply if this concerns a sea-
going vessel carrying a dangerous cargo, as referred to in article 1 of the Compulsory
Pilotage Decree 2021.
4. The municipal executive may designate one or more berths where categories of sea-
going vessels to be determined by the municipal executive may only be moored or
unmoored by a boatman as referred to in the second subclause, under a.
5. The municipal executive may grant exemption from the prohibition in the first subclause
to the operator operating a ferry service if:
a. a roll-on-roll-off vessel calls at the port at least once every 48 hours pursuant to a
timetable established by the operator;
b. roll-on-roll-off vessels are moored at the operator’s fixed berths within a fixed mooring
configuration, and;
c. operations are performed according to a ferry mooring safety procedure adopted by
the municipal executive.
6. In addition to the boatman as referred to in the second subclause under a, the mooring or
unmooring of a sea-going vessel referred to in the first subclause may also be performed
by a person who, within the framework of the training referred to in article 11.2.2(1) works
under the responsibility of a boatman.

Article 11.2.2 Profession and obligations of a boatman

1. The profession of boatman may only be performed by a person who:
a. has successfully completed the Boatman training, as incorporated in the dossier
established by the Minister of Education, Culture and Science, under the award
of the relevant CREBO registration code, or;
b. in the last seven consecutive calendar years has gained at least four years’
experience as an independent authorised boatman in one or more ports within
the European Union, and the person:

28
 1°. has experience of mooring and unmooring on buoys in a port comparable
to the situation at the port of Rotterdam, on open water with high wave
action and on strong flowing tidal waters;
2 °. has a satisfactory command of the Dutch language;
3°. holds a commercial vessels master’s certificate or an equivalent foreign
certificate of competency as referred to in Appendix 7.1(1.1) of the Inland
Shipping Regulation and a basic certificate for maritime communication or
an equivalent foreign certificate, and;
4°. in the opinion of the recognised boatmen’s organisation at which he is
employed or works, has secured an equivalent level of knowledge and
skills, and;
is affiliated or employed by a recognised boatmen’s organisation as referred to in
article 11.2.3.
2. While working, the boatman must carry a valid identification document as referred to in
article 11.2.3(e).
3. The boatman should present the identification document as referred to in article
11.2.3(e) at the request of persons or companies that use his services.

Article 11.2.3 Accreditation of boatmen’s organisation

The municipal executive issues accreditation of a boatmen’s organisation if this:
a. has a valid ISO 9001 or comparable certificate;
b. has at least one continuously available service point from which boatmen can be
ordered;
c. demonstrates that regular consultation takes place with nautical service providers in
the port regarding working methods and procedures for mooring and unmooring;
d. demonstrates that, in order to ensure the continuity of effective services, it can meet
the requirement of operating in full continuous service and being able to moor or
unmoor at least 3 individual sea-going vessels per hour, in different situations in terms
of size, vessel type and location, using qualified personnel;
e. offers its services to all sea-going vessels and at all berths for sea-going vessels, and;
f. boatmen are issued with a certificate of identity bearing a passport photograph of a
good likeness and stating at least:
1°. the boatman’s name, place of birth and date of birth;
2°. that the Boatman training has been successfully completed as referred to in
article 11.2.2(1)(a), stating the date on which the diploma was awarded, and;
3°. the name of the boatmen’s organisation with which the boatman is affiliated or
employed.

Article 11.2.4 Requirements for crew and vessels used for mooring and unmooring
sea-going vessels
1. The skipper of a vessel equipped and used for mooring or unmooring sea-going
vessels:
a. uses:
1°. if it concerns a vessel built before 1 January 2018, a vessel that complies
with the requirements for the relevant category, pursuant to article
11.1.2(1);
2°. if it concerns a vessel built before 1 January 2018 and this vessel is
certified for the first time for the use of mooring and unmooring of sea-going

29
 vessels, a vessel that complies with the requirements set out in NEN 8431-
cat. B;
3°. if it concerns a vessel built before 1 January 2018 and this vessel is
undergoing major conversion or refit, a vessel that complies with the
requirements set out in NEN 8431-cat. B, or;
4°. if it concerns a vessel built on or after 1 January 2018, a vessel that
complies with the requirements set out in NEN 8431-cat. B, and;
b. is in possession of a commercial vessels master’s certificate as referred to in
article 14 of the Inland Shipping Decree and a basic certificate for maritime
communication.
2. A vessel as referred to in the first subclause, under a, is provided with a certificate of
soundness as referred to in article 11.1.2(1), and the certificate of soundness relating
to the vessel, or a digital or hard copy of this, is kept on board the vessel.
3. A skipper of a vessel that is equipped and used for mooring or unmooring sea-going
vessels, and is navigating a petroleumhaven, must use a vessel that also complies with
that stated in Article 5.8.

Subsection 3 Passenger Transport over Water

Article 11.3.1 Expired

Article 11.3.2 Shuttle services

It is prohibited to provide shuttle services without a licence issued by the municipal executive
unless the transport is provided by a tugboat assisting in the arrival or departure of the sea-
going vessel.

Article 11.3.3 Embarkation and disembarkation of passengers

1. Embarkation and disembarkation of passengers takes place in areas that:
a. are in good condition;
b. are suitable for the embarkation and disembarkation of passengers, and;
c. are well lit.
2. It is prohibited to allow passengers to disembark if no permission has been granted by
the operator of the site or vessel concerned.
3. A berth that has a public purpose must be vacated as soon as possible if the skipper of
another vessel expresses the wish to use it.

Article 11.3.4 Announcement

The operator of passenger transport over water, apart from a shuttle service operator, should
announce at landing stages and on board the vessel:
a. the rates or the way in which these are calculated;
b. the timetable and availability of transport, and;
c. the transport conditions.

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Subsection 4 Lashing containers on board sea-going vessels

Article 11.4.1 Prohibition on lashing

It is prohibited to lash containers on board a moored sea-going vessel
unless this is done:
a. by the crew of the sea-going vessel concerned, if this concerns a sea-going vessel up
to a maximum length of 170 metres, or;
b. by a lasher who is employed by a lashing company that holds a permit.

Article 11.4.1a Prohibition on lashing during navigation

It is prohibited to lash containers on board a navigating sea-going vessel.

Article 11.4.2 Permit conditions for lashing companies

The municipal executive issues a permit to a lashing company if the lashing company:
a. offers its services 24 hours a day, 7 days a week and is able to handle at least one
sea-going vessel in the time made available by the shipping company or stevedore;
b. has an ISO 9002 certificate or demonstrates that it will have one in the foreseeable
future;
c. in accordance with that stated in article 11.4.3, ensures that lashers working under its
responsibility are sufficiently competent, reliable and recognisable, and;
d. lashers are issued with a certificate of identity bearing a passport photograph of a good
likeness and stating at least:
1°. the lasher’s name, place of birth and date of birth, and;
2°. the name of the lashing company where the lasher is employed.

Article 11.4.3 Lashers’ obligations

1. Lashers must have a Certificate of Good Conduct upon starting work at a recognised
lashing company.
2. The profession of lasher may only be exercised by those who have successfully
completed one of the following courses:
a. Port Operations Officer, included in the CREBO under number 93070 or number
95727, or;
b. Assistant Logistics Employee, included in the CREBO under number 93730 or
93732.
3. While engaged in lashing activities, the lasher must carry a valid identification
document as referred to in article 11.4.2(d).
4. The lasher should present the identification document as referred to in article 11.4.2(d)
at the request of persons or companies that use his services.

Subsection 5 Operation of a buoy span or dolphin berth

Article 11.5.1 Operation of a buoy span or dolphin berth

The operator of a buoy span or a dolphin berth is prohibited from transhipping, handling or
allowing dangerous substances to be handled at this buoy or dolphin berth, unless:
a. as a consequence of this transhipment or handling, the local risk at the safety
perimeter is no higher than 10-6;

31
b. the operator has determined that, as a consequence of this transhipment or handling,
the local risk at the safety perimeter is no higher than 10-6;
c. the operator has indicated to the skipper or captain of the vessel involved in the
transhipment or handling of the dangerous substance:
1°. the substance that may be transhipped or handled;
2°. the maximum amount of that substance that may be transhipped or handled.

32
 12 Section 12 Safety requirements of vessels for boatmen and passenger
transport

Article 12.1 Definitions

For the purposes of this section, the terms below are defined as follows:
- on deck: on an open deck not closed off from the open air by superstructures or
otherwise, including the floor of a vessel with an open cockpit;
- beam: the maximum width, measured on the outside of the hull plating;
- BWL: beam at waterline, the maximum width of the hull, measured on the outside of
the ribs, on or beneath the plane of maximum draught;
- length of a vessel: maximum length of the hull, not including the rudder and bowsprit;
- LWL: length at the waterline on the plane of maximum draught;
- safety clearance: distance between the plane of maximum draught and the parallel
plane passing through the lowest point, where the vessel is no longer considered
watertight;
- plane of maximum draught: plane through the waterline, corresponding to the
maximum draught at which the vessel is authorised to navigate;
- freeboard: distance between the plane of maximum draught and the parallel plane
passing through the lowest point of the gunwale, or in the absence of a gunwale, the
lowest point of the fixed deck;
- zone 2: waters within the municipal boundaries as stated in appendix I of Directive
2006/87/EG;
- zone 3: waters within the municipal boundaries as stated in appendix I of Directive
2006/87/EG.

Article 12.2 Scope

1. This section applies to:
a. a mooring boat or vessel that is used for shuttle services, or;
b. a vessel for which no survey certificate is required under article 6 of the Inland
Waterways Decree and which carries 12 persons or less, other than the crew.
2. Articles 12.20, 12.21, 12.22 and 12.23 apply only to vessels for passenger transport
with the understanding that the term ‘passengers’ does not include crew.
3. In derogation of the first and second subclauses, it has been determined that on:
a. vessels that have an Inspection Certificate as referred to in article 6 of the Inland
Shipping decree, only articles 12.9(2) and 12.22(4), apply;
b. mooring boats or open boats to transport persons over short distances between
the shore and vessel, articles 12.9(1)(e), and 12.20(2) do not apply.

Article 12.3 Vessel hull

1. The hull can withstand all pressures applied to the hull under normal conditions.
2. Seacocks and through-hull fittings, as well as pipes connected to them, must be
designed to prevent any unwanted ingress of water into the vessel.
3. X The length of a vessel intended for transporting passengers should be at least seven
metres and the beam at least two metres.

33
Article 12.4 Bulkheads
The engine:
a. must be located in a separate area, isolated from the accommodation by a fire-
resistant bulkhead, or;
b. must be completely enclosed by a fire-retardant casing, the fire-retardant effect of
which must be at least 1 hour.

Article 12.5 Bilge system

1. The vessel must have a bilge pump that is available for immediate use.
2. For a vessel length of less than 12 metres, the diameter of the connection must be at
least 38 mm.
3. For a vessel length of more than 12 metres, the diameter of the connection must be at
least 50 mm, or two bilge pumps must be used, each with a connection of at least 38
mm.
4. It must be possible to pump out separately any watertight compartment that is not
usually sealed airtight during navigation.
5. A bilge alarm should provide a timely warning if liquid is located in the bilges or on the
bottom of the holds where this impacts vessel stability.

Article 12.6 Anchoring equipment

1. The vessel must have an anchor that is available for immediate use.
2. The anchor:
a. must have satisfactory holding force;
b. on vessels shorter than 12 metres, must be at least 20 kg in weight and on
vessels longer than 12 metres at least 25 kg in weight, and;
c. should be fitted with an anchor chain of a length of at least three times the depth
of the waterway concerned and be of sufficient braking strength for the vessel
concerned.
3. An anchor may be replaced by two anchors that together are at least the weight
specified in the second subclause, under b .

Article 12.7 Life-saving equipment

1. The vessel must have at least one lifebuoy with a line of at least 20 m that is available
for immediate use.
2. Individual or collective life-saving equipment must be available for all persons on board.
3. Floating seat cushions are considered to be life-saving equipment if these:
a. have a buoyancy in freshwater of at least 7.5 kg;
b. can withstand oil, oil products and temperatures of up to 50 degrees Celsius;
c. are equipped with a grab line, and;
d. are not attached to the vessel.

Article 12.8 Fire-fighting resources

One portable extinguisher of at least 4 kg in weight or two portable extinguishers of at least 2
kg in weight, each with an extinguishing agent suitable for liquid fires, must be present in the
vicinity of the engine room.

34
Article 12.9 Other equipment
1. At least the following equipment must be available on board and in a usable state:
a. a boat hook;
b. a first-aid kit, with sufficient bandages to administer first aid in an emergency;
c. sufficient mooring lines for berthing and towing, as well as a system to which a
tow line can be attached for towing;
d. a properly functioning ship’s horn ready for immediate use, suitable for issuing
the prescribed sound signals;
e. a properly functioning VHF that is equipped with local VHF block channels,
channels 10 and 11 and bridge channels.
2. Contrary to the provisions of the first subclause, on board of:
a. mooring boats, a VHF must be available with channels 41 to 45;
b. mooring boats towing a vessel via a mooring line to a mooring post or buoy, a
device must be available that allows the skipper to release the towing line under
all circumstances if the boat is in danger of listing or being pulled underwater.
3. While navigating on a mooring boat, a properly functioning radar reflector must be
carried, unless, at the discretion of the boatman, this is deemed to hinder the boatman
in mooring or unmooring a vessel.

Article 12.10 Stability and buoyancy

1. The vessel is sufficiently stable if it passes the following stability test:
a. the weight of half the permitted number of persons is shifted to the side of the
vessel in such a way as to obtain a density of 3.75 persons or 285 kg/m2 on that
side;
b. in this test, the angle of heel after displacement must not exceed 7°, the angle of
heel being determined using an inclinometer;
c. after the test referred to in point b, the residual freeboard and residual safety
clearance must not be less than 0.05 BWL + 20 cm and 0.05 BWL + 10 cm
respectively, and;
d. this test must be held at the least favourable filling level of the fuel and drinking
water tanks.
2. The vessel must have sufficient reserve buoyancy after being filled.
3. If, in the opinion of the harbour master, sufficient reserve buoyancy cannot reasonably
be provided, effective measures must be taken to prevent the ingress of water on
board. In such cases, there should be no free movement of liquid in the vessel during
navigation.

Article 12.11 Safety perimeter and waterlines

1. The safety perimeter is at least 50 cm in zone 3.
2. The safety perimeter is at least 80 cm in zone 2.
3. Smaller distances are permitted when required by operations and where the nature of
the vessel allows this, as long as safety levels are maintained.
4. For vessels authorised to carry freight, the plane of greatest draught should be
indicated by a single pair of clearly visible and indelible draught marks, approximately
amidships.

35
Article 12.12 Fuel provisions
1. It is prohibited to use fuel or have fuel on board that has a flash point below 55 degrees
Celsius.
2. The fuel tank must be located outside the passenger area and fitted with a quick shut-
off fuel supply valve that can be closed from the deck.
3. Fuel tank level gauges should be connected to the top of the tank to allow fuel to flow
back into it.
4. The fuel tank filler and vent should be located on deck.
5. The air supply needed for combustion must be safeguarded.

Article 12.13 Installations

1. Installations for heating, cooking or cooling must be protected from overheating and
overturning.
2. The installations must be equipped with a thermally protected fuel shut-off valve.

Article 12.14 Steering system and controls

1. The vessel must be equipped with a reliably functioning steering system that ensures
good steerability, taking into account the vessel’s intended use.
2. The control functions must be clearly indicated.
3. If steering gear is present, it must be strong enough to cope with the forces on the
rudder.
4. For the propulsion system, there must be a reliable way to start or stop this, and switch
from forward to reverse and vice versa.
5. An alarm system must be installed for cooling water temperature, lubricant pressure
and charging current.
6. The position of the rudder must be clearly visible from the steering position; if not, a
rudder position indicator should be fitted at the steering position.

Article 12.15 Sufficient visibility

The vessel’s steering position must provide ample visibility in all directions for safe
navigation.

Article 12.16 Engines

1. The propulsion system must be arranged in such a way that it is accessible for
operation and maintenance.
2. Moving parts and hot surfaces of engines or steam boilers and their accessories must
be provided with protective devices.

Article 12.17 Exhaust pipe

1. Exhaust pipes passing through the accommodation or bridge must be provided with
sufficiently gas-tight casing in those areas.
2. Exhaust fumes must be vented away from the vessel.
3. Effective measures must be used to prevent ingress of exhaust fumes into the vessel
holds.
4. Exhaust pipes must be adequately cooled or heat-insulated.

36
Article 12.18 Electrical systems
1. Accumulators must be covered and positioned so that they are accessible and cannot
shift as a result of vessel movements.
2. Accumulators must not be installed in the bridge or accommodation or in places where
they are exposed to excessive heat, extreme cold, rainwater or spray.
3. Confined spaces, cabinets and boxes in which accumulators are installed must have
effective ventilation.

Article 12.19 Liquefied gas installation

Liquefied gas installations on board the vessel must have been installed by an approved
installation company. The expiry date of couplings, evaporators and connection hoses must
not be exceeded.

Additional provisions for passenger transport

Article 12.20 Number of persons

1. The maximum permissible number of persons on board the vessel is determined in
order to comply with the provisions of this section relating to stability and freeboard.
2. A seat must be available for each passenger and crew member that is at least 40 cm in
width.
3. The maximum number of persons allowed must be clearly legible on the vessel in a
prominent place.
4. If the vessel is intended or used to carry or transport goods other than hand luggage,
the vessel must be specially equipped for that purpose.

Article 12.21 Escape route

1. There must be a clear central aisle along the entire length of the vessel’s area that is
intended for persons.
2. The width of the central aisle should be at least 45 cm.
3. If the vessel has a superstructure, an exit with a clear width of at least 70 cm must be
provided both at the front and rear or on both sides of the area intended for persons.
4. One of the exits may be replaced by two emergency exits, each with a clear passage of
at least 60 cm wide and at least 80 cm high.

Article 12.22 Bulwark and embarkation and disembarkation facilities

1. A bulwark of at least 90 cm height is provided where persons can enter the vessel.
2. Openings for embarkation and disembarkation must be secured in line with the first
subclause.
3. Gangways must be at least 60 cm wide and fitted with railings of at least 90 cm in
height.
4. Vessels intended for the transport of persons with a view to dropping them off while
navigating or lying alongside another vessel may, instead of the bulwarks referred to in
the first subclause, be equipped with other protection of an equivalent safety level that
is suitable for this purpose.
5. The vessels referred to in the fourth subclause must be designed and equipped in such
a way that persons can transfer safely to or from another vessel in all circumstances.

37
Article 12.23 Doors
1. Doors, other than cabin doors, in areas intended for persons must open outwards or be
constructed as sliding doors.
2. The doors referred to in the first subclause may not be closed or locked by
unauthorised persons during navigation.

38
 13 Section 13 Clean engines in inland vessels

Article 13.1 Definitions

For the purposes of this section, the terms below are defined as follows:
a. commercial transport;
1°. transportation of freight in the course of a trade or profession; or
2°. transportation of freight exclusively intended for or originating from a company’s
own business;
b. inland vessel: vessel other than a sea-going vessel that is intended for commercial
transport.

Article 13.2 Prohibition on inland vessels in the port

1. From 1 January 2025, it will be prohibited for an inland vessel fitted with an operational
diesel engine to enter the port for the purpose of propulsion if this engine does not
comply with the emission values of phase II of the Inspection Regulations for Vessels
Navigating on the Rhine issued by the Central Commission for Navigation on the
Rhine, or does not comply with the provisions of Directive 97/68/EC or the provisions of
any subsequent directives.
2. The municipal executive may grant exemption from the prohibition in the first subclause
for inland vessels of a special nature or with a special cargo, function of destination.

Article13.3 Regard as inapplicable

The municipal executive may decide to render this section inoperative/inapplicable if the
evaluation of inland vessel pollution shows that the need for the prohibition in article 13.2 no
longer exists.

39
 14 Section 14 Enforcement

Article 14.1 Obligation to comply with regulations

The rules of or pursuant to these By-Laws and the regulations and restrictions stated therein
must be complied with. Violation of these rules and regulations is a punishable offence.

Article 14.2 Penalties

Violation of the provisions of or pursuant to these By-Laws will be punishable by
imprisonment of up to three months or a fine of the second category.

Article 14.3 Supervising Officials

1. The following are responsible for ensuring compliance with the provisions of or pursuant
to these By-Laws:
a. employees employed by the Rotterdam Harbour Master’s Division of the Port of
Rotterdam Authority N.V., with the exception of those who perform administrative
work;
b. the persons designated by decision of the municipal executive.
2. Without prejudice to the provisions of the first subclause, the enforcement of the
provisions of or pursuant to article 1.8, article 1.9, section 6, section 8, article 11.1.3,
article 11.2.2 and article 11.4.2 is the responsibility of the investigating officers referred
to in article 141 of the Code of Criminal Procedure of the Rotterdam Regional Police
Department, Seaport District.

Article 14.4 Entering homes

Those entrusted with supervision of compliance or detection of a violation of the regulations
of or pursuant to these By-Laws, which aim to maintain public order or security or protect the
life or health of persons, are authorised to enter a dwelling without the consent of the
occupant.

40
 15 Section 15 Transitional and concluding provisions

Article 15.1 Amendments in other regulations

Article 5.23a of the Rotterdam General Local By-Laws 2012 reads:
Article 5:23a Scope
This subsection, with the exception of articles 5:29 (Life-saving equipment), 5:30 (Safety
on the water) and 5:30a (Swimming and bathing elsewhere than in the sea), does not
apply in the port as referred to in article 1.2, in conjunction with article 1.1 of the
Rotterdam Port By-Laws 2020.

Article 15.2 Repeal of former By-Laws

The Rotterdam Port Management By-Laws 2010 have been repealed.

Article 15.3 Transitional law

1. Authorisations, decisions or accreditations issued of or pursuant to the repealed By-
Laws as stated in article 15.2 and in force at the time of entry into force of the 2020 By-
Laws shall be deemed to be authorisations, decisions or accreditations of or pursuant to
these 2020 By-Laws.
2. If an application for an authorisation, decision or accreditation under the repealed By-
Laws as stated in article 15.2 was submitted before the entry into force of the 2020 By-
Laws and has not yet been decided on, the application will be subject to the 2020 By-
Laws.
3. Appeals against a decision on an application for an authorisation, decision or
accreditation under the repealed By-Laws repealed as stated in Article 15.2 will be
decided on using the 2020 By-Laws.

Article 15.4 Entry into force

These By-Laws will be published in the Municipal Gazette and enter into force from 6
January 2020.

Article 15.5 Citation title

These By-Laws should be cited as: Rotterdam Port By-Laws 2020.

Adopted at the public meeting held on 28 November 2019.

Registrar,
M.J.E.M. van Dam

Chair,
A. Aboutaleb

41
APPENDIX 1 as referred to in the Rotterdam Port By-Laws 2020

The substances referred to in article 4.11 and article 6.3 of the Rotterdam Port By-Laws 2020 are:

Substance name UN number

- benzene 1114

- benzene-containing mixtures multiple UN numbers

with more than 10% benzene possible

- ethyl acrylate 1917

- formaldehyde solution 1198 or 2209

- isobutyl acrylate 2527

- isobutyraldehyde 2045

- isopropylamine 1221

- methyl acrylate 1919

- n-isobutyl acrylate 2348

- n-butyraldehyde 1129

- propylene oxide 1280

- styrene 2055

- turpentine 1299

42
APPENDIX 2 as referred to in Article 7.1 of the Rotterdam Port By-Laws 2020

IMDG Zone A: Sea-going vessels and inland Zone B: Sea-going vessels Zone C: Sea-going vessels Zone D: Sea-going vessels Zone E: Sea-going vessels Outer zone Sea-going Vessels
Class vessels 100-300 m from vulnerable structures 300-500 m from vulnerable structures 500-800 m from vulnerable structures 800-1500 m from vulnerable structures at least 1,500 m from vulnerable
0-100 m from vulnerable structures structures
1.1>1.6 Prohibited for: Prohibited for: Prohibited for: Prohibited for: Unrestricted Unrestricted
Total quantity: Total quantity: Total quantity: Total quantity:
Classes 1.1, 1.2, 1.5: >25 kg Classes 1.1, 1.5: >1,500 kg Classes 1.1, 1.5: >12,000 kg Classes 1.1, 1.5: >50,000 kg
Class 1.3: >5,000 kg Class 1.2: >5,000 kg Class 1.2: >12,000 kg
Class 1.3: >12,000 kg

Remaining unrestricted Remaining unrestricted Remaining unrestricted Remaining unrestricted

2.1 Prohibited for: Prohibited in packaged form with a Unrestricted unrestricted Unrestricted Unrestricted
total quantity >10,000 kg cargo >13,000 kg
for UN numbers:, 1032, 1036, 1041, 1061,
1083

Remaining unrestricted
2.2 prohibited in packaged form with a Unrestricted Unrestricted Unrestricted Unrestricted Unrestricted
cargo >13,000 kg for UN number 2451

Remaining unrestricted
2.3 Prohibited Prohibited for UN numbers: Prohibited in packaged form with a Prohibited in packaged form with a Prohibited with more than 10 tank Unrestricted
1017, 1026, 1048, 1050, 1053, 1067, 1069, cargo >13,000 kg for UN numbers cargo >13,000 kg for UN numbers containers (each >13,000 kg) on board
1076, 1082, 2188, 2192, 2199, 2202, 2204, 1017, 1026, 1048, 1050, 1053, 1067, 1069, 1017, 1026, 1048, 1050, 1053, 1067, 1069, with UN numbers 1017, 1026, 1048, 1050,
2418, 2420, 2676, 3083 1076, 1082, 2188, 2192, 2199, 2202, 2204, 1076, 1082, 2188, 2192, 2199, 2202, 2204, 1053,1067,1069, 1076, 1082, 2188, 2192,
2418, 2420, 2676, 3083 2418, 2420, 2676, 3083 2199, 2202, 2204, 2418, 2420, 2676, 3083
Unrestricted for UN numbers:
1008, 1016, 1023, 1045, 1071, 1612, 1660,
1859, 1911, 1953, 1955, 2190, 2198, 2417,
2451, 2600, 3303, 3304, 3305, 3306

Remaining unrestricted Remaining unrestricted Remaining unrestricted Remaining unrestricted

3 Prohibited for: Unrestricted Unrestricted Unrestricted Unrestricted Unrestricted
total quantity >10,000 kg
4.1>4.3 Prohibited for UN number: 1295 Prohibited for UN number: 1295 prohibited in packaged form with a Unrestricted Unrestricted Unrestricted
cargo >13,000 kg for UN number: 1295
prohibited for:
total quantity >10,000 kg for UN number:
1242

Remaining unrestricted Remaining unrestricted Remaining unrestricted

5.1 Prohibited for UN number: 1745 Prohibited for UN number: 1745 prohibited in packaged form with a Unrestricted Unrestricted Unrestricted
cargo >13,000 kg for UN number: 1745
prohibited for:
total quantity >10,000 kg for UN numbers:
1745 and 2495

Remaining unrestricted Remaining unrestricted Remaining unrestricted

5.2 Prohibited for: Unrestricted Unrestricted Unrestricted Unrestricted Unrestricted
total quantity >10,000 kg

6.1 Prohibited for UN numbers: Prohibited for UN numbers: Prohibited in tank containers with a Unrestricted Unrestricted Unrestricted
1051, 1092, 1185, 1239, 1259, 1613, 1614, 1051, 1092, 1185, 1239, 1259, 1613, 1614, cargo >13,000 kg for UN numbers:
2480, 2486, 3249 2480, 2486, 3249 1051, 1092, 1185, 1239, 1259, 1613, 1614,
2480, 2486, 3249
Other UN numbers prohibited for:
total quantity >10,000 kg Remaining unrestricted Remaining unrestricted
6.2 Subject to the Decree on GMO and Food and Commodities Act
7 Subject to the Nuclear Energy Act
8 Prohibited for UN numbers: Prohibited for UN numbers: Prohibited in packaged form with a Unrestricted Unrestricted Unrestricted
1052, 1744, 1786, 1790, 1818 1052, 1744, 1786, 1790, 1818 cargo >13,000 kg for UN numbers: 1052,
1744, 1786, 1790, 1818
Other substances prohibited for:
total quantity >10,000 kg
Remaining unrestricted Remaining unrestricted

9 Unrestricted Unrestricted Unrestricted Unrestricted Unrestricted Unrestricted

Weights in this appendix apply to substances including packaging. Container weights are disregarded. The total quantities of Class 1 shall not exceed the quantities specified in the Regulation on the Carriage of Dangerous Goods by Sea-Going Vessels and are in expressed
Net Explosive Mass (NEM)

43
APPENDIX 3 of the Rotterdam Port By-Laws 2020

The substances referred to in article 5.4 of the Rotterdam Port By-Laws 2020 are:

Substance name UN number

- potassium hydroxide 1814
- sodium hydroxide 1824
- phosphoric acid 1805

Substances listed in the IBC code with indication S/P and notation Toxic Vapour detection:

- Acid oil mixture from soya bean, corn, (maize) and sunflower oil refining
- Camelina Oil
- Cashew Nut shell oil (untreated)
- Castor Oil
- Cocoa butter
- Coconut oil
- Coconut oil fatty acid
- Corn oil
- Cotton Seed Oil
- Fatty Acids (C12+)
- Fish oil
- Grapeseed oil
- Lard
- Non-edible industrial grade palm oil
- Olive oil
- Palm acid oil
- Palm fatty acid distillate
- Palm kernel acid oil
- Palm kernel fatty acid distillate
- Palm kernel oil
- Rice bran oil
- Safflower oil
- Shea butter
- Soya bean oil
- Sunflower seed oil
- Tung oil
- Used cooking oil (Triglycerides, C16-18 and C18 unsaturated)
- Vegetable acid oils (m)

44
Appendix: Notes to the Rotterdam Port By-Laws 2020 (July 2023 version)

By-Laws preamble
One of the objectives of the Port By-Laws is the planning of and in the port. That term is not immediately obvious at
first glance. This does not refer to spatial planning as this is covered by the council (zoning plans) and the municipal
executive (permits, development and amendment plans). The previous Port By-Laws referred to the term ‘order’.
That term is no longer being used as this could be confused with public order and the mayor has jurisdiction in that
area.

Relationship with other regulations

The term ‘planning’ means the efficient use of the port. The preamble of the By-Laws has not been amended. The
terms planning and efficient use of the port have been defined in the definitions. The By-Laws also use the term
efficient use of the port.

The provisions in the Port By-Laws supplement higher national and international regulations. As far as national
regulations are concerned, these include the Inland Waterways Police Regulations, the Notification and
Communication Shipping Regulations, the Transport of Dangerous Goods by Sea-going Vessels Regulations, the
Prevention of Pollution from Ships Act, the Environmental Law (General Provisions) Act (after the introduction of the
Environment Act in the Living Environment Activities Decree). International regulations include Marpol, SOLAS and
ADN.

Relationship between the articles

The articles in the Port By-Laws are not self-contained and may be related to or dependent on other sections and
articles in the By-Laws. The Port By-Laws should also be considered and read in their entirety to determine whether
a certain action or conduct is permitted.

Notes on the articles

Notes on the articles are given below. Not all the articles have additional notes. Only articles that require additional
explanation have notes.

Section 1 General Provisions

Article 1.1 Terms

The terms used in the Port By-Laws that require further explanation are included in article 1.1. A decision was taken
to align the terms to definitions in national and international regulations.
The following is an explanation of some of the terms.

Dangerous goods
The definition of dangerous goods is based on the classification from international transport legislation, using the
criterion of safety during transport and handling. Dangerous goods are all substances as stated in the listed
transport legislation in this definition.

The distinction between dangerous and harmful substances (see below) is important for the application of various
articles in the By-Laws. A substance carried as cargo may be exclusively dangerous or exclusively harmful, in the
sense of polluting the marine environment, or both dangerous and harmful. Transported edible oil in bulk in a tanker,
for example, is a harmful but not a dangerous substance. Petrol transported in bulk in a tanker is both a dangerous
and harmful substance, while petrol transported in a tank container is only a dangerous substance.

45
Port
What is included in the term ‘port’ is defined here. The term must be read in conjunction with Article 1.2 of the Port
By-Laws.

Harbour Master
The term ‘harbour master’ is understood to mean the harbour master appointed by the municipal executive under
public law, i.e. the authority in the port that supervises order, the environment and safety, insofar as these tasks are
mandated or authorised based on the Port By-Laws.

Inert atmosphere
An atmosphere such that no explosive mixture can occur when mixed with air, where the volume percentage of
oxygen and hydrocarbon gas meets relevant IMO obligations.

Infrastructure
The term infrastructure appears in the By-Laws, for example in article 3.7. Including a definition avoids ambiguity
regarding the scope of the article in which the term appears.

Captain and skipper

The captain or the skipper is the person in actual command of a vessel. In principle this is the actual captain or
skipper but can also be a replacement, or another crew member who is in actual charge at that point. The terms
‘captain’ and ‘skipper’ are important for article 1.3, which states that the provisions from these By-Laws apply in
principle to the skipper or captain, unless another person is designated to whom the provisions of these By-Laws
apply.

Vulnerable structures
This term is in line with the concepts in the current and upcoming Environment Act for establishing safety perimeters
around vulnerable buildings and locations.

Vapour recovery facility

At supralocal level, rules are set to limit the degassing of cargo tanks containing dangerous vapours to the
atmosphere. Vessels should then dispose of dangerous vapours in their cargo tanks by other means. A vapour
recovery facility will be needed for this.
This vapour recovery facility can be placed both at a fixed location and at a mobile location (for example on a vessel
or truck). A vapour recovery facility can also be used to capture vapours during transhipment of harmful or
dangerous goods, for which a connection is required on a vapour return line. The harbour master may issue a
permit for vapour recovery facilities that are not covered by an establishment’s own environment permit and, after
the introduction of the Environment Act, may issue a permit for vapour recovery facilities at a location on the basis of
the Living Environment Activities Decree.

Cleaning tanks when open or closed

The By-Laws make a distinction between cleaning tanks when open or closed. In the articles on cleaning cargo
tanks it was decided that clarification was needed regarding when vapours from certain hazardous or harmful
substances may be vented to the atmosphere.

Harmful Substances
This term only refers to the Prevention of Pollution from Ships Act. All harmful substances are designated in this act.
For this reason, as was previously the case, the municipal executive need not further designate these substances.

46
Ship-generated waste
The definition was changed in 2022 as a result of an amendment to the Prevention of Pollution from Sea-Going
Vessels Act. The previous Act referred to ‘ship’s waste’, whereas the new Act uses the term ‘ship-generated waste’.
The definition is the same as that used in the Act.
‘Ship-generated waste’ is defined as waste generated by a vessel, including cargo residues, during the operation of
a vessel or during loading, unloading and cleaning operations. Specifically listed are oil-containing waste from the
engine room, domestic wastewater, household waste, small dangerous waste and ozone-depleting substances,
which are found in, for example, old fire extinguishers. In addition, the term ‘ship-generated waste’ includes cargo-
related waste, such as dunnage and packaging material. Cargo residues, both dry and wet, are substances
remaining behind after unloading the cargo and also fall under this definition.

Venting
The term venting is in line with the CDNI provisions (yet to be adopted). The CDNI sets a limit below which vapours
may be vented to the outside air, known as the Accepted Vent Free Level. This corresponds to 10% of the lower
explosive limit of a (combustible) substance.

Volatile organic compounds

Here, an organic compound is understood to be a compound that contains at least the element carbon as well as
one or more of the following elements: hydrogen, halogens, oxygen, sulphur, phosphorus, silicon or nitrogen,
excluding carbon oxides, inorganic carbonates and bicarbonates.

Sea-going vessel
With regard to the term ‘sea-going vessel’, it is noted that vessels that have the required documents to operate on
inland waterways and at sea (so-called inland/sea-going vessels) are classified as sea-going vessels under this
definition.

Article 1.2 Where do these regulations apply?

The scope is not limited to the waters defined as the port but also extends to all structures and quay walls belonging
to the port. It is clear that efficient use of the port and safety in the port can also be adversely affected from the
shore.

By bringing section 4 under the scope of the second subclause, the lashing of containers while navigating is also
prohibited on Rijksvaarwegen.
The third subclause provides specifications on the first subclause. The requirements set in article 11.1.3 on vessels
and crew with respect to passenger transport of 12 persons or less apply to all tidal waters within the municipality,
with the exception of vessels navigating on Rijksvaarwegen.

Article 1.3 To whom do these By-Laws apply?

The provisions of these By-Laws apply (in principle) to the skipper or captain. Some articles in the By-Laws explicitly
require ‘everyone’ to comply with that regulation (e.g. the article prohibiting non-entitled parties from stopping a
vessel (article 3.8), the possibility for everyone to carry out work on a vessel (article 4.5) or to comply with the action
plan (article 4.7)).

Article 1.5 Requirements and restrictions

Violations of or pursuant to this regulation may be subject to penalties. The same applies to violation of any rules or
restrictions attached to an authorisation.

47
Article 1.7 Validity period
An authorisation granted for a one-off behaviour or action is granted for the duration of that behaviour or action. The
validity period is stated in the exemption and is related to the application. An authorisation may be granted for the
maximum duration of five years. The second subclause allows for derogations therefrom in certain situations.

The municipal executive may grant a verbal exemption in urgent cases for a one-off behaviour or action. The
exemption will then be put in writing as soon as possible.

Article 1.9 Waivers and exemptions from orders and prohibitions

The By-Laws do not include any waiver or exemption options in the articles themselves. This general possibility of
waiving or exempting prohibitions and orders in the By-Laws is sufficient. This possibility is not limited. A condition
is, however, that the applicant and not the municipal executive clarifies that the conditions as stated in this article
are safeguarded.
This possibility is included in general terms because when the By-Laws were drafted, not all shipping developments
were (or could be) foreseen.

Article 1.10 Notification to the harbour master

The acts that are subject to a reporting obligation are regulated in several articles in the By-Laws. The way in which,
what and when these notifications must take place are stipulated in a separate harbour master’s decree. In general,
it is the harbour master’s authority to set conditions to which an application or authorisation must comply.

Section 3 Efficient use of the port

As one of the objectives alongside the environment and safety, the By-Laws mention the efficient use of the port.
There has been frequent confusion regarding this term, partly in connection with mayoral powers (public order) and
the concept ‘spatial planning’. For the reason that ‘planning’ means something else in the Port By-Laws, it was
chosen to replace the term ‘planning’ with ‘efficient use’ as that term better reflects what is meant.

Article 3.1 Traffic signs and notices that have the same meaning as a traffic sign
The Inland Waterways Police Regulations (Bpr) stipulates a system of traffic signs that is uniform for the
Netherlands. To avoid interfering with this system, this article stipulates that the municipal executive will use these
same signs for the purpose of efficient use of the port. The Bpr regulates traffic handling, while these By-Laws
regulate the use of the port based on certain interests (environment, efficient use of the port and safety). As this
article now makes the signs from the Bpr mandatory, this creates uniformity in traffic signs, although the basis for
the signs may be different.

Article 3.2 Designate berthing areas and berthing periods

This article generally regulates that the municipal executive is authorised to designate areas where certain types of
vessel may or may not be located or, for berths, to indicate which activities are or are not permitted. This can also
be for a certain period. The municipal executive can, for example, decide to expel leisure craft from the port basins.

Article 3.4 Proper mooring

The article deliberately does not further define what is meant by proper and safe mooriing. Good seamanship and
existing guidelines, such as Oil Companies International Marine Forum’s Guidelines on Mooring, provide direction
as to how a particular type of vessel should moor and leave the responsibility for mooring primarily with the captain
or skipper.

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In practice, vessels do sometimes moor using only a spring line before starting to load or unload. This creates the
risk of cargo spilling into surface water or causing material damage to vessels or infrastructure. The inclusion of an
obligation to dock securely enables action to be taken against this. To prevent damage other than due to human
action, the vessel should be moored so that no forward or backward movement can occur, although some
movement due to wave action or wind pressure is unavoidable.

The second subclause includes minimum length distances for sea-going vessels to minimise the likelihood of
vessels colliding - for example due to the effects of the tide or suction from passing vessels.

Article 3.5 Raising vessels

Under this article, it is possible to raise a vessel if certain conditions are met. The previous Port By-Laws included a
prohibition on jacking up. Due to ambiguity over the term ‘jacking up’, it was chosen to include the term ‘raising’,
which actually has the same meaning as jacking up. It has also been decided that the By-Laws no longer apply only
to drilling rigs, work platforms or similar objects, but to vessels in general (this includes a drilling platform, etc). The
definition clauses include the specific objects under the term ‘vessel’.

The municipal executive can designate areas where raising is possible. Areas can be designated if, for example,
there are no cables in the ground there or there are other circumstances that enable such activities (safety,
underwater infrastructure, etc).
If a vessel is situated in a location where these activities are permitted, the prohibition does not apply insofar as the
activities fall within the scope of the permit issued under the Environmental Law (General Provisions) Act (Wabo)/the
activities are permitted under the Living Environment Activities Decree.

Article 3.6 Use of propellers, bow thrusters or stern thrusters

This article aims to protect the underwater infrastructure in the port. Structures, cables, tunnels, pipelines, quays
and culverts are located in, beneath and along the port. The use of propellers, bow thrusters or stern thrusters may
cause damage to this infrastructure if used other than for reaching or leaving a berth.

For this reason, it is stipulated that the use of these aids is not permitted if this causes or may cause damage to the
infrastructure. It is up to the skipper or captain to determine whether the use of propellers, bow thrusters or stern
thrusters can take place safely.
The reason for the prohibition is that it has been found that port users can create dangerous situations. Similarly, the
trial running of propellers, bow or stern thrusters, as well as trying to break free if a vessel has run aground, can also
cause major damage.

Given the often difficult mooring situation, heaving to or turning away by a vessel moored against another vessel
poses a negligible risk to the port infrastructure and is therefore acceptable to prevent direct damage.

Article 3.7 Use of anchors and spud poles

The port’s underwater bed contains a large number of infrastructure facilities, such as seabed protection, pipes and
cables. Using anchors or spud poles without prior knowledge of the locations of these infrastructural services may
result in damage to these services.
It is only permitted to use anchors or spud poles after checking that these cannot cause damage. This is in areas
designated by the municipal executive or at berths that have relevant traffic signs or decrees that have the same
scope as a traffic sign. In other cases, the information must be requested from the harbour master.

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Article 3.8 Entitled parties
The title of this provision better reflects the content than in the previous version of the By-Laws. An entitled party is
someone who can assert rights over the vessel, whether as a legitimate user (owner/lessee) or authorised party
(e.g. an administrative body exercising its authority to apply administrative sanctions).

Article 3.11 Operational area berths

The municipal executive can assign an operational area to a berth, an area of water delineated in three dimensions
(length, width and depth) within which vessels can berth to carry out their activities. The boundaries of this area will
be established in such a way that the owner of the berth can handle all regular shipping deliveries under practically
all circumstances, while also leaving sufficient manoeuvring space for the departure and arrival of vessels at
neighbouring berths.
The second subclause concerns nautical use, which means, for example, how a vessel should be moored or the
keel clearance. Nautical use does not include operational actions such as cargo transfer, bunkering a vessel or
allowing a vessel to berth based on cargo characteristics.
Compliance is the responsibility of the lessee, leaseholder or owner (= manager) of the mooring facility at which the
mooring is located. This is because they have the current schedule of expected shipping at the mooring and have
the power to intervene, as they are the rightful owner of the relevant stretch of water.

The fourth subclause makes an exception to enable bunkering or service vessels to conduct their activities outside
the operational area. Considering the relatively short-term nature of these activities it was decided that these bunker
and service vessels should submit an operational notification to the harbour master. The harbour master can
oversee whether the operational area is exceeded and, if so, whether this is likely to cause a bottleneck in shipping
operations. No permission is needed for these activities. The notification to the harbour master can, however, result
in the harbour master issuing instructions to, for instance, postpone the activities.
In some berths it can be undesirable that bunker or service vessels moor outside the operational area. The fourth
subclause therefore adds that the municipal executive may determine otherwise in the decision referred to in the
first subclause.

Article 3.12 Measures relating to withdrawal from economic use

This article is included in the By-Laws to prevent vessels from being withdrawn from economic use by the owner
(being ‘laid up’), or involuntarily withdrawn from economic use due to vessels being impounded or vessels being
prohibited from navigation.

If a vessel is laid up, a minimum crew often remains on board. This is both to ensure cost reduction as well as to
ensure that the required minimum maintenance takes place on board. In the case of a vessel that has been seized
or prohibited from navigation, some of the crew may also be removed from the vessel because of the duration of the
measure.

In the event of a hazardous situation in the port, in principle, any moored vessel should at all times be able to
change berth immediately under its own power or with the help of tugs. It is also necessary to ensure that the
mooring situation remains sound.

This article enables effective measures to be imposed on the vessel captain, skipper or operator to ensure
continued efficient use of the port, and safety or the environment with respect to the vessel and its surroundings.
This could include prescribing a minimum crew.

Article 3.13 Port services

In connection with the safe use of the port, the port management should be informed of all facilities that are installed
below or above water and that are of a more or less permanent nature. Exceptions are vessel accessories and

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facilities needed to load and unload a vessel. This includes the requirement that these facilities are actually used for
this purpose. This is to prevent the permanent installation of facilities that cause hindrance or danger to others (e.g.
mooring lines and fenders).

Section 4 Safety and environment in the port

Article 4.1 Pollution and disruption by vessels

This article is included in the context of contributing to improving local noise and air quality in the port. The
prohibition in the first subclause is limited to actions that take place on board a vessel. Actions carried out from the
shore fall outside these provisions. These actions are stipulated in the environment act and regulations.

To prevent hazard, damage and nuisance from waste incinerators in the surrounding area, the use of waste
incinerators on board vessels is prohibited. Any waste on board can be delivered to the designated collectors.

Article 4.2 Prohibition on the use of generators, and main and auxiliary engines
This article is included in the context of contributing to improving local noise and air quality in the port. In areas
designated by the municipal executive, it is prohibited to use a generator or main and auxiliary engines immediately
after mooring. These will usually be areas located in or near areas where functions sensitive to such hindrance
(such as housing) are located.

In these areas, most of the berths have shore power available for inland shipping to use for electricity consumption.
There is no obligation to use shore power. A moored vessel can also opt to use an on-board, clean power supply,
such as batteries.

Article 4.3 Hazard, damage or hindrance from vessels

The Shipping Traffic Act regulates the admission policy for navigating traffic. Article 4.3 regulates proper port
management and also allows for intervention if vessels cause or are likely to cause serious danger, damage or
hindrance or serious consequences for the efficient use of the port.

The measures taken may be of a (more or less) drastic nature and they may involve a wide variety of measures,
depending on what is needed. This could include vessels on fire, in danger of sinking or vessels from which
dangerous goods are leaking. Measures may range from making emergency arrangements on board the vessel to -
in extreme cases - prohibiting the vessel’s entry or port call.

Article 4.4 Safe access

Safe access is described in such things as SOLAS, Working Conditions Regulations and the Regulation on the
Carriage of Dangerous Goods by Sea-Going Vessels. These describe what is meant by safe access.

The access should be arranged in such a way that this cannot cause hazard or damage.

The second subclause makes an exception for inland vessels. Providing access during loading or unloading can
actually make the situation less safe. When an inland vessel moors for a short duration, for example during
bunkering or to offload the car, it is not necessary to create safe access.

Article 4.5 Carrying out activities

Major work on vessels usually takes place in a location where these activities are permitted, for example in a
shipyard or dock. All other work can be carried out by the vessel’s own crew, a repair company or stevedore
employees. It is for this reason that the article addresses everyone. Carrying out activities can result in hazards.

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Regulations have been included in the first subclause under b, that state that the duration of the work must not
exceed seven days in total. This is to prevent that other activities are carried out in other locations than where these
activities are permitted and to prevent that activities develop into large-scale work with inherent safety risks and a
long timescale.
The first subclause also applies to the vessel’s operational readiness. Work on, for instance, the propulsion system
may not lead to the obstruction of operational readiness for a period of more than seven days. Furthermore, the
prohibition on open flames and spark discharge in the petroleumhaven area, which is regulated elsewhere, is in full
force when carrying out activities.

The tanker referred to in the second subclause also includes a combination carrier that has been converted to a bulk
carrier and is still only suitable for the carriage of dry cargo. In practice, it has been shown that vessels that have
changed vessel type may leave behind residues of previously transported liquid cargo that can lead to undesirable
hazardous situations involving activities with open flame.

The third subclause states that it is not simply permitted to carry out work on vessel systems that are powered by
specific fuels, energy sources or ancillary substances. The municipal executive can set conditions on the efficient
use of the port and to safeguard safety and environmental safety. The reason is that such work may involve so
much danger that mere notification is not enough.

Demolition works are detailed in the fourth subclause. Demolition refers to the dismantling of the vessel structure.
Demolition work is specific work that is not aimed at repairing the vessel, but rather at taking the vessel out of
service.

Article 4.6 Fumigation

The authority included in this article concerns the designation of berths for vessels treated with a decontaminant in
the Netherlands. Fumigation of vessels in the Netherlands is regulated by the Plant Protection Products and
Biocides Act.

Article 4.7 Cargo that has been decontaminated abroad

This article applies to vessels calling at the port and loaded abroad with cargo that was decontaminated there or
during the voyage.
Vessels with bulk cargoes that have been treated with decontaminant should, on arrival in port, act in accordance
with the action plan adopted by the municipal executive. To ensure the vessel’s safety and environment and the
safety of the surrounding area, this action plan describes the measures to be taken during the period in which the
cargo is insufficiently free of decontaminants.

The action plan places great responsibility on the fumigation expert. As the responsibility for compliance with the
action plan is placed on ‘everyone’ in the second subclause, it is possible to hold the person who actually carries out
or commissions the activities based on the action plan accountable.

Article 4.8 Permit for reception of sea-going vessel waste

The use of a reception facility for vessels is stipulated in the Prevention of Pollution from Ships Act (Wvvs). Under
this act, the harbour master can designate reception facilities. This provision provides for this. Three groups of
companies may qualify for a permit: transhipment terminals and ship repair yards, companies with a permanent
shore-based facility to collect and possibly treat, process or destroy dangerous goods and, finally, transport and
other companies that only collect the waste using mobile facilities (barges, vehicles).

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The Explanatory Memorandum to the Prevention of Pollution from Ships Act shows that an overlap with the permit
requirement for a reception permit under the Environmental Law (General Provisions) Act (Wabo)/Environment Act
is considered undesirable by the legislator. In amending the Prevention of Pollution from Ships Act, the legislator
explicitly opted to leave answering the question of which persons are allowed to collect ship-generated waste to the
regulation laid down in the Environmental Law (General Provisions) Act/the Environment Act. Only companies that
have a permit based on this law or sites where such activities are permitted are entitled to collect waste from sea-
going vessels. However, the port management may use the permit instrument to add further regulations on
companies collecting ship-generated waste in the port. This concerns operations and administrative regulations to
ensure good logistics infrastructure in the port.

A transhipment terminal or ship repair yard, which has been designated (licensed) to receive waste, may only collect
waste from sea-going vessels that are loaded, unloaded or repaired at the facility. It goes without saying that
companies, where the main business is the reception, treatment, processing and destruction of waste, are also
required by the designation to collect all designated dangerous waste. Transport companies without a permanent
shore-based installation to store, treat or process waste are eligible for the designation, provided they are entitled to
collect or store dangerous waste under environmental legislation. The designation obliges these companies to
deliver the collected ship-generated waste to a company authorised under environmental legislation to treat,
process or destroy the waste.
Thus, the permit set out in the Port By-Laws has a different purpose and complementary character to the reception
permit in the Environmental Law (General Provisions) Act/general rules of the Living Environmental Activities
Decree.

Article 4.9 Minimum requirements for a permit for the reception of sea-going vessel waste
European Regulation (EU) 2017/352 sets out the requirements for the licencing of companies with waste reception
facilities. The requirements that the port sets for the permit are incorporated in these By-Laws.

Article 4.10 Permit for a mobile vapour recovery facility

Mobile vapour recovery facilities that provide their services to vessels on the water and do not fall under an
environmental permit/general rules of the Living Environment Activities Decree may only do so with a permit from
the municipal executive or if they comply with the rules of the Living Environment Activities Decree. The municipal
executive’s requirements for vapour recovery facilities used by such companies are in line, as far as possible, with
those used for a shore-based installation.
Mobile vapour recovery facilities located on shore are subject to the environmental permit of the shore-based
company concerned/general rules of the Living Environment Activities Decree.

The second subclause includes a reporting requirement for degassing to a mobile vapour recovery facility. This
reporting requirement applies to a vessel that is going to degas to a mobile vapour recovery facility located on
another vessel. If the vapour recovery facility is required to have a permit, the permit will also include a reporting
requirement for the unit.

Article 4.11 Cleaning and venting tanker cargo tanks or slop tanks
This article generally regulates the safe and environmentally responsible cleaning of tanks, including the use of a
vapour recovery facility. Reducing emissions is an important part of this article. Only the unavoidable escape of a
small amount of residual gas on opening the cargo tanks or slop tanks is permitted.

The first subclause, under c, states it is prohibited to clean tanks that are open if they contain the so-called odorous
substances from appendix 1 and that do not fall under a, b and d.

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It follows from the first subclause that for substances where closed cleaning is not prescribed, open cleaning is
allowed.

The fourth subclause stipulates that venting is only permitted at a location designated by the harbour master. The
term venting is included the Port By-Laws. This is the situation in which the concentration of dangerous gases and
vapours from the cargo tank is below set values in the vented mix. This considers both flammability and toxicity
limits. Whether dangerous gases and vapours must meet those limits again depends on the classification code
assigned to them, which is based on international transport legislation such as the ADN. For the gases and vapours
of dangerous goods that only have the classification code combustible (F), no toxicity needs to be measured. This is
the case when the substance is assigned classification code T and in Table C column 18 of the ADN a toxicity meter
is required for the substance in question. This is in line with international regulations.

The sixth subclause states in general terms that the cleaning of substances (as referred to in Article 4.11(1)), which
includes opening or venting these areas after cleaning, may be restricted or prohibited by the municipal executive if
deemed necessary due to atmospheric conditions. Agreements have been made about this between the harbour
master and the environmental authorities, based on the issued weather codes.

Section 5 Petroleumhavens

Article 5.2 Vessels permitted in the petroleumhaven

In connection with the risks associated with dangerous goods, only certain vessels or activities are permitted in the
petroleumhaven areas.
Part f states that vessels (in general, not specific vessels) may navigate the petroleumhaven area if this is
necessary to reach their destination. Considering the nature of the vessels it is logical that they should keep a good
distance from other vessels berthed in the petroleumhaven and should select the shortest route, without stopping
unnecessarily.

Article 5.3 Prohibition of open flame, smoking and spark discharge

These prohibitions concern activities that are not appropriate for the designated petroleumhavens.
Open flame and smoking, including e-cigarettes, are prohibited on board a vessel in a petroleumhaven. Smoking is
only permitted in enclosed areas, for example in an accommodation or service room, or in areas that meet the
requirements set in international legislation for areas in which smoking is permitted.

Articles 5.5, 5.6 and 5.7 Tankers carrying dangerous goods

Articles 5.5, 5.6 and 5.7 cover the same topic but relate to different types of vessels. Given the different nature of
vessels (construction and amount and type of cargo), different conditions are applied for each type of vessel. It is
important to note that that stated in article 5.4 applies in full to these provisions. The requirements from article 5.4
apply in all situations described in articles 5.5 to 5.7.

In addition to the situations referred to in Articles 5.4 and 5.5, it is also permitted for an inland tanker carrying
dangerous goods to take a berth outside a petroleumhaven if this is in accordance with traffic signs and further local
indications as referred to in Article 3.1.

Article 5.6 Sea-going tankers carrying dangerous goods

Sea-going tankers may only take a berth outside a petroleumhaven if they comply with all conditions stated in the
first subclause. The declaration from a gas expert is needed when the condition of the cargo or slop tanks cannot be

54
ascertained in advance by the harbour master prior to entering the port. The captain should ensure that a gas expert
issues the ‘gas expert declaration’.

Activities involving dangerous goods that change the condition of cargo tanks or slop tanks are not permitted if a gas
expert declaration is required. If the vessel’s circumstances deviate from the ‘gas expert declaration’, for example
because the tanks have been loaded, discharged or cleaned, it is no longer permitted to take a berth outside a
petroleumhaven as the declaration is not or no longer valid. The content of the ‘gas expert declaration’ therefore
determines what the vessel is permitted to do, in this case take a berth outside a petroleumhaven.

Article 5.7 Combination carriers carrying dangerous goods

Combination carriers may only take a berth outside a petroleumhaven if they comply with the conditions stated in
the first subclause. This means that a declaration from a gas expert is always needed. The captain should ensure
that a gas expert issues the ‘gas expert declaration’.

That stated in article 5.6 also applies to combination carriers.

Section 6 Transhipment of dangerous or harmful liquid substances in bulk

Article 6.2 Checklist for the transhipment of dangerous or harmful liquid substances in bulk
Before carrying out transhipment of liquid dangerous or harmful substances by sea-going tanker or between
tankers, the persons responsible for the transhipment (on a sea-going or inland tanker the captain/skipper and for
an establishment the operator) must review and complete a checklist. The checklist referred to here is incorporated
in the International Safety Guide for Oil Tankers and Terminals, (ISGOTT) issued by the International Chamber of
Shipping (International Association of Ports and Harbors (IAPH), the International Safety Guide for Inland Navigation
Tank-barges and Terminals (ISGINTT) or the Ship to Ship Transfer Guide for Petroleum (StSTGP). No reference is
made to a specific edition of these guidelines and the latest version should always be used.

These internationally known checklists are used across the world for transhipment to and from a vessel. The
advantage of using these internationally known checklists is that the responsible parties in sea-going and inland
tanker shipping and the establishments are familiar with their use, and the latest version is always known and
should be used.
The parties are obliged to work according to the checklists once the list has been signed.

Article 6.3 Other rules for the transhipment of dangerous or harmful liquid substances in bulk
This article generally regulates the safe and environmentally responsible handling of said substances. Reducing
emissions is an important part of this article.

This entire article is based on the premise that the vessel is central, to which the provisions of this article apply. It
makes no difference whether the vessel is moored at, for example, a public berth or at a mooring facility belonging
to an establishment to which an environmental permit applies.

The safety regulations for transhipment between an inland tanker and an establishment are laid down in the ADN.
Additional regulation for this in these By-Laws is not necessary for that type of transhipment.

If transhipment of dangerous or harmful substances takes place between vessels, a vapour return line must be
used. The International Bulk Chemical Code requires sea-going tankers to have a tank with a vapour return
connection on the vessel for the transport of certain substances. The ADN stipulates for inland tankers that certain

55
substances must be transported closed. However, these international regulations do not explicitly require the use of
a vapour return line during transhipment. The use of appropriate lines during transhipment of these dangerous or
harmful substances is to the benefit of environmental safety in the port, which is why their use is stipulated as
mandatory in the first subclause.
The lines must then be used to prevent, in particular, odour nuisance or risk to the environment due to the harmful
nature of the stated substances. The final category for which the use of vapour return lines is now mandatory is that
of volatile organic compounds. Handling of these substances in closed conditions is also stipulated as mandatory by
the permit authority in the individual permits issued to shore-based establishments based on the Environmental Law
(General Provisions) Act.

Other provisions in this article also focus on managing the risks present.

Section 7 Zoning scheme for vessels with dangerous goods in packaged form or in bulk

Article 7.1 Prohibition of berthing a vessel carrying dangerous goods

It is stipulated that it is prohibited to berth a vessel loaded with certain amounts of a dangerous substance listed in
Appendix 2. The appendix shows the distance from vulnerable objects that must be observed when assigning a
berth if a certain amount of dangerous goods are on board the vessel. The distance is determined from the stowage
position of the dangerous goods on board the vessel. The purpose of this berth zoning is to ensure that, should an
unexpected incident occur with a vessel carrying a dangerous substance, there is a sufficiently safe distance
between the vessel and vulnerable objects.

This regulation anticipates the Environment Act coming into force at a later date.

In addition to the safety perimeters as determined in the Decree Determining the Safety Perimeters, in the berth
zoning a safety perimeter is drawn around vulnerable objects within which vessels carrying certain quantities of
dangerous goods are not permitted to berth. This risk measure is in addition to the safety distances that
municipalities and provinces must observe when granting environmental or other permits to companies working with
dangerous goods. The first subclause covers all vessels, while the second subclause covers only sea-going tankers.

The safety distances listed in Appendix 2 were recalibrated in 2022. The distances are based on the safety
standards prescribed in the Decree on External Safety of Establishments (Bevi), which municipalities and provinces
are obliged to comply with when granting environmental and other permits to companies working with dangerous
goods.

Berth zoning looks at the impact of an incident involving the dangerous goods on board vessels and does not weigh
the probability that the incident may occur. This makes this measurement method more stringent than the regular
measurement method and, as a result, the berth zoning contains larger safety distances than if the Bevi were
applied. This more stringent measurement method contributes to safety in and around the port.

To calculate the safety distances of Class 1 substances (explosives), the 2020 Calculation Regulations for
Environmental Safety, Module VI for Storage of Explosive Substances prepared by the NNIPHE was used.

Berth zoning under this section applies only outside petroleumhavens.

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Section 8 Bunkering, debunkering and transferring ancillary substances to or from board

General explanation
Chapter 8 incorporates rules for the energy supply on board vessels. The development of the use of sustainable
energy in shipping is progressing rapidly. This chapter takes this into account by no longer specifically mentioning
the fuels. This ensures that the articles are future proof.

The port aims to contribute to a clean environment. It does this by imposing requirements on suppliers of new clean
fuels, for example through a bunker licence or an additive licence. This ensures that the permits are in line with the
minimum requirements of the European Seaport Regulation.

Article 8.1 Bunkering

Article 8.1 relates to the bunkering. It contains regulations for designating fuels and ancillary substances that require
a bunkering (or debunkering) permit.

The fifth subclause conditionally allows simultaneous operational actions during bunkering.

Activities carried out at the same time as bunkering, such as cargo operations, bunkering of other fuels or lubricating
oil, cleaning and repair, may pose risks. Several best practice guidelines state that simultaneous operations are only
justified if a risk assessment has been carried out showing whether, and under what conditions, simultaneous other
activities can responsibly take place. The result of the risk assessment is incorporated in the operational
documentation approved by the flag state, such as the bunker management plan for the vessel being bunkered. The
parties involved in bunkering must comply with stipulations and restrictions stated in this operational documentation.
Only those operations listed in the operational documentation may take place during bunkering.

Article 8.4 Regulations for vessels alongside during bunkering

In Article 8.4, the municipal executive may impose restrictions on vessels berthing alongside a vessel that is
bunkering. This article mitigates the risks posed to berthed vessels by current and future energy carriers and fuels
during bunkering.

Article 8.8 Signs

Article 8.8 authorises the municipal executive to prescribe signs for designated fuels and energy sources as well as
passing distances that ships must observe in relation to bunkering activities. The motive for this authority is safety:
bunkering is an activity that impacts the safety of the surrounding area. Prescribing signs and passing distances
ensures that safety is served for users of the area. The municipal executive determines which signs are mandatory
and the minimum passing distance that passing vessels must maintain during bunkering operations.

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Section 11

Subsection 1 General explanation

Subsection 1 incorporates the general provisions relating to mooring and unmooring of vessels and passenger
transport in the port.

Article 11.1.1 Definitions

In this section, length is understood to be:
96 percent of the length of the load line at 85 percent of the least moulded depth of the hull, measured up from the
top of the keel plate, or the length from the foreside of the bow to the centreline of the rudder stock measured on this
load line, whichever length is greater. In vessels designed with trim, the load line at which this length is measured
should be taken parallel to the construction waterline.

Article 11.1.2 Vessel inspections

Section 11 of these By-Laws sets out technical requirements for mooring boats, small craft carrying persons and
shuttle services.

The first subclause states that inspectors associated with the inspection institutes recognised by the Minister of
Infrastructure and Water Management for the inspection of vessels may also inspect service vessels as referred to
in Article 11.2.4, first subclause, under a, part 2, or section 12, for navigation in the port, and issue a certificate of
soundness for this purpose. In this way, it is no longer necessary for the municipal executive to adopt an approval
decision of inspection bodies. It may be assumed that these persons employed or working for a body recognised by
the minister are also sufficiently qualified for the inspection of a few small vessels operating in the port.

Article 11.1.3 Requirements for vessels and crew

This article includes the obligations on skippers of vessels equipped and used for shuttle services or for the
transport of 12 persons or less, apart from the crew. Vessels must have been surveyed in accordance with Article
11.1.2 or be provided with a certificate of survey as referred to in the Inland Navigation Decree. The skipper must be
in possession of a commercial vessels master’s certificate as referred to in the Inland Shipping Decree and a basic
certificate for maritime communication.

The skipper must keep a certificate of soundness, or a copy of this, on board the vessel at all times, unless it is a
vessel without crew quarters.

The fourth subclause states that the municipal executive may waive the certificate of soundness requirement for
commercial transport of 12 persons or less. The reason for this inclusion is the trend of fast boats taking people (as
part of e.g. company outings) across the river. To allow such vessels to moor, the municipal executive may in such
cases grant exemption from the provisions of article 11.1.3.
It should also be noted that, in principle, these vessels will not be allowed to enter the ports with an exemption.

Subsection 2 General explanation

Subsection 2 contains provisions relating to mooring and unmooring of vessels.

Article 11.2.1 Prohibition on mooring and unmooring sea-going vessels

This article contains regulations on the mooring and unmooring of sea-going vessels. Sea-going vessels of a length
exceeding 75 metres must be moored and unmoored by a boatman. Sea-going vessels of a length of 75 metres or
less carrying dangerous goods must also be moored and unmoored by a boatman. This 75-metre limit is linked to
regulations for vessels subject to compulsory pilotage included in the Compulsory Pilotage Decree 2021.

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Indeed, the obligation to use boatmen is aligned with the obligation to use a pilot: on historical grounds, the ‘mooring
obligation’ coincides with the pilotage obligation. In the port, vessels of a length of 75 metres or more are subject to
compulsory pilotage, regardless of their location in the port.

The second subclause contains a number of exceptions to the ban on performing boatman services. The possibility
for crew members themselves to unmoor the vessel has been included for cases in which no third-party assistance
is required, for instance if, due to the size of the vessel, prescribing professional assistance would not be reasonable
(upon arrival, however, it is compulsory to use boatmen). Upon departure, however, this obligation does not apply:
the situation upon departure is clearer than upon arrival. Among other things, the height difference to be bridged
between the vessel and the quay is immediately known; it can be assumed that the mooring lines are well laid on
the shore bollards, as this was done by boatmen upon arrival, which will minimise the chance of unexpected
surprises during unmooring and; a so-called double bend can be used for the last mooring lines, which means crew
members do not have to disembark. However, it does set a length limit of 160 metres in line with the PEC length
limit (PEC C). The vast majority of container feeders are within this length limit.
Vessels whose captain or first officer holds a PEC Small Sea-Going Vessels or a temporary PEC Small Sea-Going
Vessels as referred to in Article 36(1) of the Compulsory Pilotage Regulations 2021 are exempt from the obligation
to use boatmen when mooring and unmooring. This is in line with the aforementioned Compulsory Pilotage
Regulations: these captains or first officers are also exempt from compulsory pilotage.

The third subclause establishes that the exceptions do not apply if it concerns a sea-going vessel with a dangerous
cargo, as referred to in Article 1 of the Compulsory Pilotage Decree 2021. This, too, is in line with the Compulsory
Pilotage Decree 2021: these vessels are therefore not exempt from the compulsory pilotage.

The fourth subclause establishes that the municipal executive may designate one or more berths where categories
of sea-going vessels to be determined by the municipal executive may only be moored or unmoored by a boatman
as referred to in the second subclause under a. This includes buoy and dolphin configurations where it is not
possible for the own crew to safely moor and unmoor themselves.

The fifth subclause includes the authority of the municipal executive to grant an exemption from the prohibition
stipulated in the first subclause of article 11.2.1 to perform boatman services. The exception made relates to
operators of ferry services that call at the port on a high-frequency basis. These ferry services make use of roll-on-
roll-off vessels. These vessels are easy to manoeuvre and moor at fixed and safe berths. ‘High-frequency basis’
means a frequency in the
timetable set by the operator of at least once every 48 hours. As a result of the high frequency of calls, the captain
and crew of these roll-on-roll-off vessels have developed sufficient routine to be able to safely unmoor and moor
these vessels, under varying conditions. The shore-based personnel in charge of this task also have sufficient
routine due to the high frequency. It has also been stipulated that it must concern roll-on-roll-off vessels that moor
within a fixed mooring configuration. Due to the requirement for a loading and unloading ramp where these vessels
berth, which has been especially installed for this purpose, they always moor at the exact same berth. Because of
the ramp, there is always enough space for the roll-on-roll-off vessel to moor. The mooring lines have a fixed order
and positioning. This mooring configuration greatly simplifies the mooring process and
reduces the safety risks. Finally, point c of the third subclause of article 11.2.1 stipulates that the ferry operator must
adhere to a ‘ferry-mooring safety procedure’. This procedure
must be submitted to the Municipal Executive for adoption before an exemption is granted.

Article 11.2.2 Profession and obligations of a boatman

This article regulates the conditions for practising the profession of boatman. The boatman permit has been
cancelled and replaced with the provisions mentioned in this article. All requirements for practising as a boatman are
included in this article. The boatman must either have successfully completed the Boatman training, as established

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by the Minister of Education, Culture and Science, under the award of the relevant CREBO registration code, or
have relevant experience. In addition, the boatman must be affiliated or employed by a recognised boatmen’s
organisation.

The second and third subclauses state that the boatman should present the identification document at the request of
persons or companies that use his services. Companies or persons can use this provision to check a boatman. For
supervisory bodies, this power of control is already regulated by Article 5:20 of the General Administrative Law Act.

Article 11.2.3 Accreditation of boatmen’s organisation

This article sets out the conditions for accreditation of a boatman’s organisation. The company must hold an ISO
certificate and have at least one continuously available service point from which boatmen can be ordered. The
company also ensures regular consultation with other nautical service providers in the port, such as pilots and port
towage services. The company ensures the staff and equipment are of good quality and in sufficient quantity to
provide effective services. This implies that in full continuous service, per hour, at least three separate sea-going
vessels can be moored or unmoored in different situations in terms of size, type and location. Point d includes a
requirement for a boatmen’s organisation to offer their services to all sea-going vessels. From a safety point of view,
this is of great importance. It is undesirable that a boatmen’s organisation would, for example, exclude certain types
of sea-going vessels or locations from their services. This could result in sea-going vessels no longer being able to
(safely) berth at certain locations (e.g. at the buoys in the Waalhaven). Finally, the company must provide its
boatmen with identity cards.

Article 11.2.4 Requirements for crew and vessels used for mooring sea-going vessels
This article sets out the requirements for a skipper of a mooring boat and on vessels used for mooring sea-going
vessels. These requirements were previously included in article 11.1.3.

The skipper of a mooring boat must have a commercial vessels master’s certificate and a basic certificate for
maritime communication. There is no change in the existing situation in this regard.

There is a change concerning the requirements on mooring boats. The requirements for vessels that are used for
mooring and unmooring sea-going vessels have been updated nationally and included in the standard NEN 8431-
cat. B. NEN 8431-cat B incorporates as many international requirements as possible: the most important
international sources are the EU leisure craft directive, the EU inland shipping directive and the requirements set by
ISO that apply to ‘small craft’ (leisure craft). These standards are up to date and internationally accepted, which is
why it is important that mooring boats comply with them to ensure safe sailing and operations with mooring boats.
For existing mooring boats it applies that as soon as the vessel is substantially rebuilt or converted, it must comply
with the new standard. Also new is that a digital copy of the statement of soundness may be presented instead of
the paper version of this.

Subsection 3 General explanation

The provisions relating to passenger transport in the port, boat trips and ferry and taxi services are included in
subsection 3. The various categories of vessels are no longer mentioned as, in practice, this resulted in confusion.

Article 11.3.1 Area of Operation

The article has been removed.

Article 11.3.2 Shuttle services

A permit is needed to operate a shuttle service. Offering shuttle services to transport persons to and from vessels is
permitted without a permit if a tug is used that assists the sea-going vessel with arrival or departure.

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Article 11.3.3 Embarkation and disembarkation of passengers
This article includes provisions relating to embarkation and disembarkation of passengers. The article aims to
increase the safety of those passengers. It also imposes an obligation on the skipper to ensure that no unwanted
persons are taken to port sites. In the context of port security, this has started to play a more prominent role.

Article 11.3.4 Announcement

In the context of knowing what passenger transport by water costs, Article 11.3.4 requires the operator to make
known the rates or the way in which these are calculated on board the vessel and at berths. This also applies to the
timetable, availability of transport, and the transport conditions.

Subsection 4 General explanation

Subsection 4 contains provisions relating to securing containers on board sea-going vessels (lashing). The reason
for including these rules is primarily to ensure that lashing companies in the port provide a good service. It is in the
port’s interest that sufficient lashers are available at all times of the day. Large container ships in particular sail
within very tight schedules. It is not desirable that a vessel would have to deviate from its schedule due to a lack of
lashers. The quality of lashers is also important in offering a good service.

Secondly, these requirements are set in connection with the safety of lashers, the vessel and the surroundings of
the vessel when securing containers. The lashing activities take place under all conditions, day and night and often
under extreme time pressure. The fact that containers are stacked seven high on vessels also poses a hazard.

Finally, a factor in this context is that containerised transport continues to grow globally. A lashing company is a
company professionally engaged in securing by lashing containers on board sea-going vessels. These rules
therefore only cover the securing of containers. Securing other cargo or securing trailers (on ro-ro vessels) fall out of
the scope of these regulations. As it is the lashing of stacked containers that poses a danger to the vessel, its
surroundings and the lashers, the emphasis is on working with containers. Another factor already discussed above
is that, especially for container transport, the sailing and time schedule is very strict. A good and safe service is
therefore especially important in container transport. Incidentally, it is irrelevant whether the company carries out
other activities besides lashing operations.

Article 11.4.1 Prohibition on lashing

This article states that it is prohibited to engage in lashing containers on board a berthed sea-going vessel unless
this is handled by a lasher who is employed by a lashing company that holds a permit. A lasher carrying out lashing
work independently, without being affiliated to a licenced company, is therefore in violation. This article also states
that qualified crew, the so-called core crew of a vessel up to 170 metres in length, can lash the containers placed on
board themselves.

Sea-going vessels above 170 metres in length (deepsea container ships) should always use lashers that are
affiliated with a lashing company that holds a permit. Due to the fact that containers are sometimes stacked seven
or eight containers high above deck on the latter vessels, from the point of view of safety in the port and its
surroundings it is important that lashing is done responsibly.

The core crew present on the seagoing vessel, these being the crew required to be present on board by
international regulations for safe sailing, navigating and manoeuvring of a sea-going vessel, is in this instance
considered at least sufficiently qualified to lash containers on sea-going vessels of up to 170 metres in length. If
crew members other than the aforementioned core crew are used on a sea-going vessel, it must be demonstrated to
the harbour master that these crew members have the required level of experience and training to carry out lashing
in a safe and responsible way.

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Explanation of Article 11.4.1a Prohibition on lashing during navigation
Investigations have shown that the crew of sea-going vessels containers lash containers while navigating in the port
area. This is undesirable as lashing containers while navigating is a high-risk activity. To prevent accidents during
this activity as far as possible, there is a general prohibition on sea-going vessels lashing containers while
navigating in port basins and on Rijksvaarwegen.

Article 11.4.2 Permit conditions for lashing companies

This article includes the requirements to which a lashing company must comply in order to be eligible for a permit.
Parts a and b concern service quality. The aim of including part a is to prevent shipping from experiencing
unnecessary delay should there be no lashers available to lash or unlash containers. Part b, which includes the
requirement for ISO certification, ensures that companies with high-quality operations operate in the port. Under part
c, the lashing company is obliged to ensure that only lashers who meet certain quality requirements are used. These
requirements are further detailed in article 11.4.3. The permit may be revoked if the said conditions are no longer
met. Part d stipulates that lashers are issued with an identity certificate by the lashing company, bearing a passport
photograph and stating their name and place and date of birth. The name of the lashing company must also be
stated on the proof of identity.

Article 11.4.3 Lashers’ obligations

Based on this article, the lasher must first and foremost be sufficiently skilled. The lasher must be skilled enough to
ensure the safety of the lasher himself, the vessel and the surroundings of the vessel. To ensure this, the profession
of lasher may only be exercised by those who have successfully completed the course Port Operations Officer, or
the course Logistics Assistant as included in the dossier adopted by the Minister of Education, Culture and Science,
under award of registration code CREBO-93070, CREBO-95727, CREBO-93730 or CREBO-93732.

Secondly, the lashing company should ensure that its personnel are sufficiently reliable. For this reason, lashers
must have a certificate of good conduct. The lashing company is responsible for checking this.

Finally, a lasher must be sufficiently recognisable and is therefore provided with proof of identity that clearly shows
the lashing company he works for as well as some personal details. Including this provision makes it possible to
check whether the lasher is employed by a lashing company that holds a permit.

Subsection 5 General explanation

Subsection 5 contains regulations relating to the transhipment of dangerous goods on buoy and dolphin berths.

Article 11.5.1 Operation of a buoy span or dolphin berth

Transhipment of dangerous goods takes place in various places in the port area including buoy and dolphin berths.
These buoy and dolphin berths fall outside the scope of the term establishment in the Environmental Management
Act. The transhipment of dangerous goods at those sites is therefore also not covered by the Decree on External
Safety Establishments. As a result, no specific external safety requirements have been imposed on these buoy and
dolphin berths to date.

However, safety relating to shipping activities at these berths is ensured in other ways, for example by national and
international nautical and transport safety regulations, supplemented by rules in the Port By-Laws. In an effort to
align the rules for all berths within the port and with effect from 1 January 2015, a new standard was introduced in
this article for buoy and dolphin moorings outside establishments, so that this matches the standardisation within
establishments.

This article prescribes that the operator of a buoy or a dolphin berth must establish that during the transhipment and
handling of dangerous goods at the buoy or dolphin berth, the risk perimeter does not exceed the safety perimeters

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established for the port. The same safety perimeters are also used when licensing establishments in the port to
create a level playing field.

Investigations have been conducted on the risk perimeters resulting from the transhipment of dangerous goods at
buoy and dolphin berths. The investigations showed that the aforementioned safety perimeters will not be exceeded
with the current and foreseeable medium-term use of buoy and dolphin moorings.

Part c also requires the operator to indicate to the skipper or captain of the vessel involved in the transhipment or
handling of dangerous goods which substance may be transhipped (or handled) and the maximum quantity of the
substance that may be transhipped (or handled). Article 6.1 stipulates that the skipper or captain must comply with
that declared by the operator of the buoy or dolphin berth pursuant to part c.

Section 12

Section 12 General explanation

Section 12 is the former Boatmen and Passenger Transport Vessel Safety Requirements Decree and is used here
as a result of the incorporation of separate municipal decrees that were based on previous Port By-Laws.

The original decision used the following considerations:

- that work is carried out in the port area using vessels for which there are no regulations with respect to the
safety of the navigating equipment used in relation to that work;
- that passengers are transported in this port area using vessels for which no survey certificate is required under
Article 6 of the Inland Waterways Decree, and;
- that, in the interests of order and safety in the port, it is necessary to set requirements on these vessels.

The safety requirements for the category of vessels referred to here have been used in practice for many years and
are not opposed. The set requirements are formulated clearly and speak for themselves.

The only change compared with the former decision concerns article 12.9, third subclause. If, while working as a
boatman for the purpose of mooring or unmooring vessels, the prescribed radar reflector is found to be a hindrance,
the boatman (skipper) may temporarily remove the radar reflector only during such work. It is not inconceivable that
the unmooring or mooring vessel’s mooring lines could get stuck behind the radar reflector during operations and
cause damage or hazard.

Section 13

Section 13 General explanation

By including this paragraph, from 1 January 2025, inland vessels will only be granted access to the port of
Rotterdam if they have diesel engines that comply with the emission values of phase II of the Inspection Regulations
for Vessels Navigating on the Rhine issued by the Central Commission for Navigation on the Rhine or with the
provisions of Directive 97/68/EC or of any subsequent directives.

This is the continuation of the scheme introduced in connection with the Rotterdam Mainport Development Project
and the air quality bottlenecks identified in that context at the time (2008). Whether continuation of the measure is
desirable in the current circumstances will be identified in more detail in the context of the Rotterdam Air Quality
Approach 2.0. At the time of writing, a decision is yet to be taken about this. For now, the regulation has been
adopted in a policy-neutral way from the former Rotterdam Port Management By-Laws 2010.

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Article 13.1 Definitions
In the first subclause of article 13.1, two terms were introduced that only concern section 13. The term ‘commercial
transport’ was defined first. ‘Commercial transport’ is understood to mean the transport of freight during the course
of a business or profession or the transport of freight exclusively intended for or originating from a company’s own
business.

Second, for the purpose of section 13, a different interpretation is introduced, compared with the term ‘inland vessel’
as referred to in the rest of the Port By-Laws. The term ‘inland vessel’ usually includes not only ‘real’ inland vessels,
but also passenger ships, leisure yachts, tugs, charter boats, surfboards, etc. However, the proposed prohibition
should only target inland vessels carrying out commercial activities and calling at the Rotterdam port in that
capacity. For this reason it was necessary in this context to formulate the term ‘inland vessel’ in a different way.

And ‘inland vessel’ is defined in section 13 as: a vessel, this not being a sea-going vessel, that is intended for
commercial transport, which means the transport of freight on inland waterways during the course of a business or
profession or the transport of freight exclusively intended for or originating from a company’s own business.

Article 13.2 Scope

Article 13.2 indicates the locations to which the article 13.3 prohibition applies. This does not apply to
Rijksvaarwateren because the municipal executive of the Municipality of Rotterdam has no jurisdiction over this.

Article 13.3 Prohibition on inland vessels in the port

Article 13.3 includes an actual prohibition. Pursuant to Article 1.3, the standard addressee of this article is the
skipper. Article 1.3 states:

Article 1.3 To whom do these By-Laws apply?

1. The captain or skipper is responsible for compliance with the provisions of or pursuant to these By-Laws unless
otherwise provided for in these By-Laws.
2. If a captain or skipper is not on board the vessel, the operator is responsible for compliance with the provisions
of or pursuant to these By-Laws.

Based on article 13.2, it is prohibited for an inland vessel fitted with an operational diesel engine to enter the port for
the purpose of propulsion if this engine does not comply with the emission values of phase II of the Inspection
Regulations for Vessels Navigating on the Rhine issued by the Central Commission for Navigation on the Rhine, or
does not comply with the provisions of Directive 97/68/EC or the provisions of any subsequent directives.

First, the article indicates that an inland vessel with a ‘dirty’ engine should not enter the port. In article 1.1, the port is
understood to mean:
port: the waters within the municipality that are open to shipping, with the exception of:
1° Nieuwe Maas;
2° Zuiddiepje;
3° Koningshaven;
4° Nieuwe Waterweg;
5° the Maas Entrance and the waters in the approach to this;
6° Calandkanaal, to the west of the point located 1,000 metres eastwards of the intersection of the axis of the
Beerkanaal;
7° the Beerkanaal, to the north of the point located 1,320 metres southwards of the intersection of the axis of the
Calandkanaal;
8° Breeddiep;

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9° Berghaven;
10° Oude Maas;
11° Delftse Schie from the outflow of the Delfshavense Schie to the municipal boundary;
12° Rotte, from Prinses Irenebrug on Terbregseweg to the municipal boundary;
13° Het Scheur;

Secondly, it is explicitly stated that it must concern a diesel engine that is used for propulsion. Should there be
another diesel engine on board, such as a generator or a bow thruster motor, for example, this would not be
covered by the stated prohibition. This article makes clear that the diesel engine used for main or other propulsion
must not be in use (therefore also not idling).

A diesel engine is ‘dirty’ if it does not comply with the emission values of phase II of the Inspection Regulations for
Vessels Navigating on the Rhine issued by the Central Commission for Navigation on the Rhine or does not comply
with the provisions of Directive 97/68/EC or the provisions of any subsequent directives.

Naturally, the prohibition should also be enforced. Data regarding the emission values of an inland vessel’s engine
can be found in certificates that must be present on board the inland vessel. As part of standard environmental and
other inspections carried out by the Harbour Master’s Division, checks will be conducted to ensure that inland vessel
engines do not exceed the set emission values.

In addition, to simplify enforcement, the way in which the emission values of engines of inland vessels calling at the
port of Rotterdam from 1 January 2025 can be made centrally accessible and available to enforcers is being
investigated.

Article 13.2 further stipulates that the ban on ‘dirty’ engines enters into force on 1 January 2025. The date of 1
January 2025 was chosen as, by that date, the majority of European inland shipping is expected to meet the set
standards based on average replacement investments. These average replacement investments not only refer to
replacing a diesel engine as a whole, but also to retrofitting (features on) an existing diesel engine. When retrofitting
an inland vessel’s existing diesel engine, modifications should be made such that an existing engine also complies
with the specified emission values.

Although the prohibition will take effect on 1 January 2025, this was already included in the (previous) Rotterdam
Port Management By-Laws 2010. The time of the prohibition’s entry into force was set early in order to provide
timely information to affected national and international companies, including inland shipping and the manufacturers
of vessels and engines, about these regulations and their consequences. They therefore have enough time for
necessary preparations and replacement investments. The inland shipping industry was actually already informed of
the intended decision to impose the prohibition with the adoption and approval of the Maasvlakte 2 zoning plan in
2008.

Based on the second subclause, the Municipal Executive may grant exemption from the prohibition mentioned in the
first subclause for inland vessels of a special nature or with a special cargo, function or destination, including inland
waterway vessels that actually no longer transport freight commercially. These include classic/traditional inland
vessels that are museum ships or that have been converted for other purposes. Although these vessels could still
transport freight, they are actually no longer intended for this purpose and, based on the second subclause, the
municipal executive can, in such cases, grant an exemption.

Article 13.4 Regard as inapplicable

Article 13.4 allows the municipal executive to disregard the prohibition from 13.3. The prohibition provision of article
13.3 stems from the Maasvlakte II Air Quality Agreement (OVL) signed on 22 May 2008 by the ministries of VROM

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and V&W (now I&W), Port of Rotterdam Authority, the Harbour Master of Rotterdam and the Municipality of
Rotterdam. In late 2018, a the new MVII zoning plan became irrevocable. The environmental impact assessment,
which is part of the zoning plan, showed that European air quality standards are met and that additional air
measures from the OVL are no longer necessary for the zoning plan. In view of the above, the MV2 2018 zoning
plan no longer includes measures to improve air quality.

By extension, the clean engines inland vessels’ measure is actually no longer necessary and is legally undesirable.
Nevertheless, it is proposed to temporarily maintain this measure subject to the outcome of the evaluation referred
to below, the results of which will be known later than the coordinated date of entry into force of the new 2020
(regional) Port By-Laws.

Since the measures from the OVL are no longer necessary for the zoning plan, a decision was taken with the OVL
partners to evaluate the remaining 3 measures. Based on the evaluation, decisions can be made on possible
continuation of the measures and the need for the continuation or dissolution of the OVL. The evaluation started
recently and is expected to be completed in the first quarter of 2020. In the event of subsequent amendment, this
subclause may be revised.

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