Private armed security forces on Dutch merchant vessels from 2022
KVNR PRESS RELEASE
On November 30th, the Dutch Senate approved legislation enabling the Merchant Shipping (Protection) Act to be executed in a practical manner. Under certain conditions, this bill allows private armed security companies to deploy personnel on board of merchant vessels flying the Dutch flag. The Dutch maritime sector is glad that seafarers on board of Dutch seagoing vessels can now navigate safely in waters threatened by pirates from January 1st 2022 as soon as the Minister of Justice and Security confirms this date in the publication of the bill.
“It took us, together with the Dutch association of masters NVKK, Nautilus International and the association of seafarers’ families VMG, more than a decade to see such legislation come into effect,” says Annet Koster, managing director of the Royal Association of Netherlands Shipowners (known as KVNR). “But that day has finally come and now our vessels and seafarers can navigate dangerous waters safely, also when military deployment proves impossible. Additionally, the Netherlands no longer lags behind in legislation when compared to other European countries with a significant maritime presence.”
The deployment of private armed security personnel under the new Dutch legislation is only allowed in regions appointed by the Dutch authorities. Currently, the scope is limited to the High Risk Area in the Gulf of Aden. For shipowners and seafarers, it is most important that the mere presence of security on board already has a deterrent effect. Dutch merchant vessels are now less attractive as a target for pirates. And in case of an assault, the necessary professional and certified security is available to protect the vessel and its crew.
“It took quite some time, but eventually this is very good news for all seafarers,” says chairman Marcel van den Broek of Nautilus International. “And this is also the case for their families on shore,” chairwoman Loes Hermanns of the Association of Seafarers’ Families (VMG) adds.
Oversight
As of January 1st, 2022, private maritime security companies (PMSCs) can be certified by the Dutch authorities to provide their services on board of merchant vessels flying the Dutch flag. After deployment of private maritime security personnel, the team leader and captain are required to draw up their reports about the deployment and submit those to the Netherlands Shipping Inspectorate. In addition to written reports, there will be video footage from bodycams. If lethal force has been used during the deployment, the public attorney will open an investigation. “This requirement to report is reassuring for masters to demonstrate their proper conduct,” says NVKK-chairman Leen van den Ende.
Merchant Shipping (Protection) Act
The Merchant Shipping (Protection) Act was submitted in September 2016 as a proposal for legislation by the former members of Parliament Han ten Broeke (VVD) and Raymond Knops (CDA). The Act allows private maritime security companies to deploy personnel on board of Dutch merchant vessels, when military forces cannot be deployed due to a variety of reasons. The Dutch Parliament had already voted in favor of the Merchant Shipping (Protection) Act, but it required additional regulations and amendments. Now, only a later date of entry into force of the Act can prevent security companies from filing for a permit per January 2022.
Visit Government.nl for more information on the Dutch Merchant Shipping (Protection) Act.