NETHERLANDS Law and Practice Contributed by: Rik van Waasbergen, Sander Metzelaar, Wiebe Wajer, Iris Stielstra and Daan Komen, HerikLegal
10. Additional Maritime or Shipping Issues 10.1 Other Jurisdiction-Specific Shipping and Maritime Issues A declaratory judgment based on Article 3:302 of the DCC is a judicial decision that definitively and bind - ingly determines the legal relationship or the rights and obligations between parties, without ordering any specific performance (such as payment). Declaratory proceedings are frequently used as a procedural tool to ensure that Dutch courts, as the first seized courts, have jurisdiction in an international context in which courts in multiple jurisdictions could potentially be seized. The use of declaratory actions is well known – and sometimes controversial – in cases relating to the carriage of goods by road, but they may also be employed in many other situations. Parties often opt for declaratory proceedings because certain procedural and/or substantive rules under Dutch law, or the interpretation of a treaty, may be advantageous to the claimant. Declaratory proceed - ings can be instituted at short notice, which makes it a highly effective legal instrument.
Sanctions Act 1977 has extraterritorial effect, extend - ing to Dutch nationals acting abroad. The Central Import and Export Office (CDIU) is respon - sible for licensing and authorising the import, export and transit of designated strategic goods and ser - vices, and issues the relevant licences. The Customs Authority ( Team Precursoren, Oor- sprong, Strategische goederen en Sanctiewetgeving – Team POSS) organises customs controls and checks the compliance of companies to sanctions legislation. 9.4 International Conflict The Houthi attacks in the Red Sea have led to large- scale rerouting of commercial vessels via the Cape of Good Hope, resulting in significantly longer transit times (an additional 10–14 days) and increased costs for shipping companies (due to higher fuel consump - tion and insurance premiums). These developments have caused disruptions to global supply chains, contributed to container shortages and created a risk of overcapacity once the original shipping routes are reopened. In addition, the situation entails serious safety risks for seafarers, including fatal casualties and incidents of hijacking, as well as environmental damage caused by the sinking of vessels. Against this backdrop, the debate as to whether the deployment of armed secu - rity personnel on board Dutch-flagged vessels should be permitted continues to resurface periodically. There is also growing concern about the presence of the shadow fleet, especially in the ports of Rotter - dam and Flushing. The shadow fleet comprises aging and often uninsured vessels engaged in the transport of Russian crude oil and oil products to jurisdictions where sanctions do not apply. These vessels frequent - ly change flag, name and ownership and deliberately obscure their movements, including by disabling auto - matic identification systems (AISs), thereby complicat - ing monitoring and increasing safety risks. In addition to port operations, shadow vessels conduct high-risk ship-to-ship transfers at sea, where any incident may result in significant environmental harm.
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