The Netherlands, with its extensive coastline and intricate port and inland waterways in combination with the many marine ecosystems can be a particular challenge when it comes to pollution incidents.
In this regard we note that the Dutch government has established a robust framework for addressing pollution incidents both in legislation and in the response which a shipowner can expect when any pollution incident arises. In this article we provide a summary of the issues which may arise and how these can best be managed.
At the core of the Netherlands’ marine pollution control strategy is a comprehensive legislative framework based on MARPOL 73/78 and the OPRC 1990, which set standards for preventing and managing marine pollution. Nationally, the Dutch Shipping Act (Schepenwet) and the Environmental Management Act provide the legal basis for pollution control, mandating strict penalties for violations and outlining the responsibilities of shipowners and coastal facilities. We note that a significant portion of the laws and regulations are derived from European law.
Response Coordination
The Dutch Coast Guard plays a pivotal role in coordinating any response to a marine pollution incident. Operating under the Ministry of Infrastructure and Water Management, the Coast Guard is equipped with state-of-the-art surveillance systems to detect pollution early. Upon detection of a pollution incident, a multi-agency response is activated, involving local and national authorities, environmental agencies, and emergency services. When any incident arises it is therefore crucial to ensure that the right authorities and specialist are involved as soon as possible.
Technological and Practical Measures
The Netherlands employs advanced technology in managing marine pollution. This includes aerial surveillance, remote sensing, and the use of oil spill response vessels equipped with skimmers and booms. Additionally, the country has invested in research and development of more effective and environmentally friendly cleanup methods, such as bioremediation techniques. We recommend that shipowners familiarize themselves with the material and assets which are at their disposal when dealing with any actual incident involving pollution.
Preventative Measures
Prevention is a key component of the Dutch approach. Regular inspections of ships, strict enforcement of waste disposal regulations, and the implementation of compulsory vessel routing systems are some of the preventative measures. Ensuring that a vessel ensures that the required checks and controls are performed will be crucial when dealing with any pollution incident, in particular when it concerns fines or criminal investigations which may arise from an incident.
Conclusion
The Netherlands’ approach to handling marine pollution incidents is generally efficient, with assets and facilities in close proximity. It is however crucial that the right parties are informed and involved as soon as possible and that a shipowner is able to show not only that it took efforts to prevent and mitigate an incident but also that it acted proactively to ensure that the incident is dealt with as soon as possible. With its experienced claims team, significant experience and extensive network, NNPC Correspondents is available to assist 24/7 with any incident which may arise within Dutch waterways. We invite you to contact us for any incident or for advice.