The Rechtbank Midden-Nederland has issued a significant ruling in favor of Urker skipper Tromp Post, declaring that the Dutch government acted unlawfully by forcing fishermen with an SW5 diploma to undertake expensive and intensive safety training as a prerequisite for renewing their certificates of competence. This decision, supported by the industry groups VisNed and PO-Urk, challenges the regulatory burden imposed on the Dutch fishing fleet since 2019.
For years, thousands of Dutch fishermen have been required to complete Advanced Fire Fighting (AFF) and Proficiency in Survival Craft and Rescue Boats (PSCRB) training to maintain their credentials. Industry insiders estimate that approximately 300 fishermen have spent up to 8,000 euros each on these courses, often losing weeks of fishing time in the process. The court found that for many, such as Tromp Post, these requirements were 'unreasonably heavy' given that their vessels, often under 45 meters, lack the advanced equipment the training sessions are designed to cover.
Legal experts are now suggesting that this ruling provides a strong foundation for a collective damage claim against the Ministry of Infrastructure and Water Management. Advisor Fokko Snoek of Quality Sailing claims that fishermen were 'deliberately misled' by regulators regarding the legal necessity of these courses, a conclusion he suggests is supported by internal correspondence.
The ruling specifically addresses the period under older legislation. While new, stricter regulations were introduced in July 2025 that mandate these certificates for skippers on vessels up to 60 meters, the court has explicitly stated that the refusal to renew permits under the previous, less-stringent laws was a violation of legal norms. A secondary legal battle is already underway to contest the 2025 regulatory update, with proponents arguing that the government has failed to provide a sufficient justification for these 'heavy' requirements.
Geert Meun of VisNed/PO-Urk has hailed the verdict as a 'resounding victory.' The court’s recognition that basic safety training already covers essential fire and rescue concepts for smaller vessels provides a strong precedent for future challenges. The industry now looks toward the Ministry to see if they will process compensation claims for the thousands of fishing days lost and the millions of euros spent on unnecessary certifications.
This case underscores a wider friction between maritime safety regulations and the economic realities of the small-scale fishing industry. As the legal proceedings move forward, the focus will remain on whether the government can justify the proportionality of these training mandates in the face of a unified and determined fishing sector.
