Navigating the Seas: Requirements for sailing a vessel under Dutch flag

The Netherlands has a rich maritime history as well as a strategic location, and offers a favourable environment for yacht and ship registration. Understanding the legal nuances, especially those outlined in Article 311 of the Commercial Code, is crucial for ship owners and operators who want to sail under the Dutch flag.

Dutch vessel

According to Dutch law, a vessel may only sail under the Dutch flag if the vessel is considered a Dutch vessel under Dutch law. This is the case when the vessel is registered in the Dutch Ship Register, which is kept by the Netherlands’ Cadastre, Land Registry and Mapping Agency. A vessel can be registered in the Dutch Ship Register by filing a request for registration, which is accompanied by a declaration of nationality relating to the vessel, issued by the Dutch Human Environment and Transport Inspectorate (ILT). The declaration of nationality will be issued only if the vessel is considered a Dutch vessel. Whether a vessel is considered a Dutch vessel is regulated by Article 311 of the Dutch Commercial Code.

Article 311 of the Dutch Commercial Code: An Overview

Article 311 provides a comprehensive framework for the registration of vessels in the Netherlands and contains the regulations on when a vessel is considered a Dutch vessel. It covers various aspects, ensuring that ships meet specific criteria before they can proudly sail under the Dutch flag. It comprises the following requirements:

1. Ownership and Nationality

       To register a vessel under the Dutch flag, the ship must be owned by:

• one or more individuals who have the nationality of one of the member states of the European Union, of another State party to the agreement on the European Economic Area, of Switzerland or who are treated as nationals of the European Union under Community law;
• a company or other legal entity established in the European Union, European Economic Area, or Switzerland; or
• a natural person, company or legal person to which a. or b. do not apply, but instead is entitled to the European right of free establishment pursuant to an agreement between the European Union and a third state.

2. Technical Requirements

Vessels must meet the technical standards prescribed by Dutch maritime authorities. This includes compliance with safety, environmental, and operational regulations to ensure the vessel’s seaworthiness.

3. Residency

The vessel owner(s) must have its principal place of business or a branch office at an address in the Netherlands. This requirement does not apply to a foreign vessel owner in case he has appointed a ship manager in the Netherlands who meets the requirement set out in the previous sentence.

4. Legal Representation

Vessel owners are required to appoint a representative (individual) within the Netherlands who can be contacted on legal matters. This representative plays a vital role in facilitating communication between the authorities and the vessel owner(s).

Conclusion

Navigating the waters of Dutch flag registration requires a thorough understanding of Article 311 of the Commercial Code. By meeting the  requirements outlined, vessel owners not only gain the privilege of sailing under the Dutch flag, but also ensure that they comply with the legal framework governing maritime activities.

In my next blog posts, we will explore specific aspects of Dutch maritime law and provide valuable insights for those involved in the shipping industry. Stay tuned for more legal exploration and maritime knowledge!