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Отчет DSB 13.10.15: MH17 Passenger information

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passenger, the passenger list that also went into the aeroplane, frequent-flyer information,
travel organisations, etc. A passenger list shall only be published after the relatives have
been informed.
The code share agreement between KLM and Malaysia Airlines includes the provision
that both parties shall collaborate closely in the event of a crisis when organising the care
of victims and their relatives and dealing with the authorities, press and media.140
D.5 National crisis management legislation and regulations, guidelines and
agreements

The following laws and regulations and manuals/guidelines are relevant to answer the
question from which contexts parties act with regard to the process of informing the
relatives of victims of a disaster or crisis, especially an aircraft accident, about the fate of
their loved ones. An explanation of the parties involved can be found in Appendix C.
National Manual on Decision­making in Crisis Situations in the Netherlands (Nationaal
Handboek Crisisbesluitvorming).141
The outlines of the crisis management policy and the system pertaining to the crisis
organisation of the central government are recorded in the National Manual on Decisionmaking in Crisis Situations. It broadly explains the powers, responsibilities and core tasks
of the most important actors within the national crisis structure. It applies to all
(impending) crisis situations that require an inter-departmentally coordinated action from
central government.
Each ministry takes measures to deal with disasters and crises in its own policy area. To
do so, each ministry has a departmental crisis coordination centre (DCC). The DCC is the
manager within the ministry with regard to crisis management. If an incident has national
repercussions and multiple ministries are involved in the plan of action, the national crisis
structure can be activated. The outlines of the crisis organisation at the national level, in
principle consisting of the Advisory Team, the Interdepartmental Crisis Management
Committee (ICCb) and the Ministerial Crisis Management Committee (MCCb), are
explained in Section 4.2.142
In addition to the Prime Minister and the Minister of Security and Justice, the ministers of
the ministries involved in the incident participate in the MCCb (which may also include
other parties). The chair of the ICCb as well as an offcial representative at the level of the
Director-General or Secretary-General of the ministry that is most strongly involved
participate in the MCCb as permanent advisors.


140 Annex 29.1 under 1.4 Minimum Emergency Response Requirements & Procedures MAS/KLM Alliance Agreement.
141 This manual was adopted by the Council of Ministers at the same time as the decree establishing the Ministerial
Crisis Management Committee that came into effect on 25 April 2013.
142 The structure is flexible, if need be, as was the case in the aftermath of the crash of flight MH17. The advisory team
was not set up during the crisis.

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The ICCb includes the following members:
• the National Coordinator for Security and Counterterrorism (NCTV),143 permanent
chair;
• senior adviser, Ministry of General Affairs;
• representatives at the level of the Secretary-General, the Director-General or the
Inspector General of the ministries most closely involved (delegates representing
their minister) and up to one advisor.
In theory, the following (full) crisis organisation may occur:

https://a.radikal.ru/a06/1908/53/343a72e1a3a6.png

Figure 10: Diagram of the national crisis organisation in the Netherlands. (Source: National Manual on
Decision­making in Crisis Situations)

Свернутый текст

National Core Team
Crisis Communication (NKC)
National Operational
Staff (LOS)
Interdepartmental
Crisis Management
Committee (ICCb)
Ministerial Crisis
Management
Committee (MCCb)
Advisory Team (AT)
Local Government
Safety Regions
Critical
Infrastructure
Governmental
Servi
Departmental
Coordination Centres (DCCs)
National Operational
Coordination Centre (LOCC)
National Crisis Centre
(NCC)

In the event of a crisis abroad that may have an effect on the Netherlands (like a threat,
problems with public order or the involvement of society in case there are many victims),
the Ministry of Security and Justice, along with other ministries for specifc sectoral
measures, is responsible for the measures to be taken in the Netherlands.
The Ministry of Foreign Affairs is the ministry responsible for the handling of consular
tasks when Dutch nationals have been (or may have been) affected by a disaster, accident
or crisis abroad. This responsibility is further explained in Chapter 4 of this report.


143 The Minister of Security and Justice is the coordinating minister with regard to crisis management. The Minister is
also in charge of strengthening national security in close collaboration with the other ministries. The National
Coordinator for Security and Counterterrorism fulfls this coordinating task of the Minister.

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The manual also describes the three roles that the central government can fulfl in the
event of a crisis: to facilitate, to navigate and to steer. When central government
facilitates, it supports the responsible authorities at the request of the authorities or on
its own initiative. This may involve, for example, providing resources, expertise, advice,
information or knowledge, or providing opportunities for harmonisation and coordination
between parties. The responsibility for the crisis approach will continue to be solely that
of the authorities for which facilitation services are being provided.
Central government may navigate in a situation in which some form of coordination and/
or incentive for clarity with regard to management and coordination is desired or
required. This is realised through an urgent advice from central government to one or
more safety regions or municipalities. Regardless of the GRIP level, central government
can provide urgent advice at the request of the authorities or on its own initiative that
aims to lead to a joint crisis approach and/or to unite different interests. The advice can
relate to one or more aspects of the crisis approach. The authorities may depart from the
central government’s advice only with good reasons.
Central government can steer one or more aspects of the crisis approach by giving
instructions and/or by declaring GRIP Rijk144 effective. Central government (in the person
of the competent line minister) can give an instruction to the involved parties if, for
example, they ignore its urgent advice on the crisis approach. If a (binding) instruction is
given, central government does not assume responsibility for the execution, but enables
the involved parties to execute it.
Safety Regions Act (Wet veiligheidsregio’s) 145
The Safety Regions Act integrates frefghting, emergency response, crisis management,
and emergency medical services at the regional level. The mayor has the supreme
command in case of a disaster or serious fear of its occurrence. Those who participate in
disaster response are under his command. The Dutch territory is divided into regions.
The mayor and aldermen of the municipalities that belong to a region use a common
system, in which a safety region is set. The administration of a safety region is, among
other things, charged with organising the emergency response and crisis management
and to provide the control room function. The administration of the safety region will lay
down a crisis plan at least once every four years, in which in any case the organisation,
the responsibilities, the tasks and competences are described within the framework of
disaster response and crisis management. If a disaster or crisis of regional signifcance
occurs, or if there is a serious fear that it will ensue, the chair of the safety region will have
the highest command for disaster and crisis control in the municipalities involved.
The underlying Safety Regions Decree (Besluit veiligheidsregio’s) describes the specifc
requirements that the disaster response organisation must meet. Within the framework
of this investigation during which the registration/collection of passenger information
and the informing of relatives were examined, Article 2.3.1 of the Decree is relevant.


144 For more information about the coordinated regional incident response procedure (GRIP), see Chapter 4,
‘Scaling-up and GRIP system’.
145 Act dated 11 February 2010, see Sections 5, 8, 9, 10 and 16.

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This determines that the municipality must appoint a Population Management team that
will have fve tasks:
1. providing information to the population;
2. providing assistance and care to the population;
3. providing aftercare for the population;
4. registering victims;
5. registering cases of damage.
Schiphol Crisis Response Plan (Crisisbestrijdingsplan Schiphol, CBP­S)
The Schiphol Crisis Response Plan146 fts in with and is a specifc elaboration for Schiphol
of the Regional Crisis Plan for the municipalities and emergency services of the
Kennemerland Safety region. The plan describes the multidisciplinary organisation of the
disaster response and crisis management at Schiphol. The plan describes who is
responsible for what, and how it is assured that all emergency services involved deal with
a crisis or disaster at Schiphol in the same manner.
One of the scenarios in the CBP-S (version of 1 February 2014) is the “aircraft accident
outside the Kennemerland Safety region” scenario. This scenario is to be used, among
other things, in the event of aircraft accidents outside the Netherlands if Schiphol is the
arrival or departure point. It describes that in this scenario, among other things, the crisis
organisation shall be scaled up to GRIP 2 and that the Operations Team147 and the
Regional Crisis Communication Action Centre will be put on full alert.
Within the context of the process of receiving and recording victims/relatives, the formal
responsibility lies with the Municipality of Haarlemmermeer. The updated Population
Management Sub-plan came into effect in Kennemerland on 30 June 2014 (see below).
Kennemerland Population Management Sub­plan (Deelplan Bevolkingszorg) 148
The Population Management Sub-plan of the Kennemerland Safety Region is part of the
Regional Crisis Plan of the safety region. The updated plan came into effect on 30 June
2014, more than two weeks before the crash of flight MH17. The mayor (or chair of the
safety region in case of a disaster or crisis of regional signifcance or a serious fear of its
occurrence) is ultimately responsible for the reception and care of relatives who come to
Schiphol. With regard to this matter, the new sub-plan also delegates tasks to the airline
and airport. Within the framework of collecting passenger information about Dutch
victims of the crash of flight MH17, the following tasks are relevant to the municipality:
• Immediately after the incident, based on consultation with the airport, assessing the
need for aid and the capacity of the airline, and determining which population
management processes must be started. In a GRIP situation (GRIP 2 or higher), the
offcer on duty for population management controls the population management


146 Version 1.9 of the Schiphol Crisis Response Plan applied during the crash. This had come into effect on 1 February
2014.
147 See Appendix C for the composition of the Operations Team.
148 Version 1.9, which came into effect on 30 June 2014, more than two weeks before the crash of flight MH17. The
allocation of responsibilities was adjusted in this sub-plan. Additional tasks related to reception and care have been
assigned to the airline and the airport. The Municipality of Haarlemmermeer plays a supporting role in this respect.

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processes. Whether population management is required will depend on the situation.
One of the population management processes in the sub-plan is the process of
informing relatives. This process aims to inform relatives of non-self-reliant victims
about the situation of their loved ones. They are informed actively.
• Acting as a safety net to determine and offer the required assistance (in cooperation
with the airline involved and Schiphol) if the airline involved (and the handling agent
of this airline) does not have the capacity for this.
• If required, informing relatives of affected passengers through the national front and
back offce of the victim information system SIS. Relatives will be supported within
this context when contacting the SIS, if necessary.149
• Informing relatives (about the process) on site by/through the Regional Crisis
Communication Action Centre in the context of public information provision (or taking
responsibility for this).
In case of a fatality, the police will notify the relatives and provide them with further
guidance (regarding the conduct of the police investigation, if applicable).
Police Act (Politiewet)
In addition to keeping public order and investigating crimes, the police also has the task
of collecting information for the identifcation of victims. With a large number of victims,
or in complex cases, the LTFO is deployed.
The Royal Netherlands Marechaussee is responsible for policing duties at airports. In
addition to its role in the crisis organisation, the Royal Netherlands Marechaussee - under
the authority of the Public Prosecutor - also has an independent task within the framework
of criminal investigations, for example into the cause of an aircraft accident. Victims,
relatives and bystanders may be registered for the investigation. After all, they can be
eyewitnesses or even potential perpetrators.
Departmental Manual for Crisis Management of the Ministry of Foreign Affairs
(Departementaal Handboek Crisisbeheersing Buitenlandse Zaken)
The Departmental Manual for Crisis Management of the Ministry of Foreign Affairs sets
down the method of operation for the Ministry in the case of a (imminent) crisis. It clarifes
the roles, responsibilities and competences within the crisis organisation of Foreign
Affairs and the position of the Ministry within the national crisis structure. In addition, the
manual offers practical guidelines in the area of crisis communication, teams and
documentation. The manual fts in with the National Manual on Decision-making in Crisis
Situations and is intended for all employees of the Ministry of Foreign Affairs who are
involved in the Ministry’s crisis organisation in some way.
The Ministry of Foreign Affairs is responsible for the Dutch response in the event of crises
abroad. This means that, if Dutch nationals are potentially affected by a disaster, accident
or crisis abroad, the Ministry of Foreign Affairs is responsible for handling the resulting
(consular) activities. The measures to be taken in the Netherlands fall under the
responsibility of the Ministry of Security and Justice while other ministries are responsible
for specifc sectoral measures.


149 For more information about the victim information system SIS, see Section 4.5.1 of this report.

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Within the Ministry of Foreign Affairs crisis management is viewed as a line responsibility.
This means that when units and employees are deployed in crisis situations, this must ft
in with the existing allocation of specifc responsibilities, competences and external
contacts as covered in the line under normal conditions. This is why the manual assumes
the daily routine and available network.
If a crisis (or imminent crisis) should exceed the responsibilities of one department or
should lead to specifc risks for the Ministry of Foreign Affairs, a crisis meeting can be set
up. The decision to set up a crisis meeting will be taken by the deputy Secretary-General
or the central crisis coordinator.150 The tasks of the crisis meeting will include the
following:
• form a picture and an opinion of the situation;
• elaborating scenarios;
• taking all the required decisions in relation to the crisis response of the Ministry of
Foreign Affairs (for instance regarding the deployment of the crisis telephone team
and possible interdepartmental scaling up);
• present important decisions to departmental management;
• identifying information gaps;
• defning frameworks for (public) information provision and communications.
The central crisis coordinator is the chair of the crisis meeting. He/she coordinates the full
crisis response and acts as the point of contact for all involved departments and missions
with regard to the crisis.151 The involved departments of the Ministry are responsible for
their own domains. The duties of the central crisis coordinator will include:
• deploying the crisis telephone team;
• coordinating the deployment of the LTFO in consultation with the Consular Affairs
and Migration Policy Department (Directie Consulaire zaken en Migratie);152
• coordinating the provision of information and/or the advice to the offcials at the
highest administrative and political level;
• taking responsibility for providing information to all involved parties;
• taking care of the alignment with, information requests and information provision to
the NCC, the institutions involved and the crisis coordinators of the other ministries;
• ensuring the preparation for meetings of the MCCb/ICCb.
The Secretary-General or his/her deputy is responsible for, among other things,
authorising the deployment of the crisis telephone team, participates in the ICCb if
required and presents decision points and recommendations to the Minister.


150 This can occur on their own initiative, at the instruction of the Minister, the Secretary-General or his or her deputy,
or if the NCC appeals to the Ministry of Foreign Affairs in the context of its interdepartmental coordinating role.
151 If a crisis concerns more departments or has such a scope that the capacity of the responsible department is not
suffcient, the central crisis coordinator will take charge of the central coordination.
152 For the identifcation of victims, the LTFO of the National Police may be deployed if the local authorities are not
able to do this (or are not expected to be).

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The Minister of Foreign Affairs decides on points presented by the Secretary-General,
his or her deputy or by the central crisis coordinator. He or she then informs the Minister
of Security and Justice about the state of affairs and participates in the MCCb if required.
During a crisis, the Ministry of Foreign Affairs has a pool of approximately 100 employees
trained specifcally, who can be called in quickly if there is a large demand for information
by telephone in relation to a crisis. The Ministry opens a special public information
number for the crisis telephone team. The relevant department (usually the Consular
Affairs and Migration Policy Department) will manage the deployment of the crisis
telephone team. The role of the missions abroad during a crisis entails, among other
things, ensuring the timely and regular provision of information towards the department.
Releasing names of victims abroad, draft protocol (conceptprotocol Vrijgeven namen
slachtoffers in buitenland)
This draft protocol is compiled in 2012 by the NCC together with the Dutch Society of
Mayors (Nederlands Genootschap van Burgemeesters) following the aircraft accident in
Tripoli. The reason why this document was compiled is that mayors in the Netherlands
want to know as quickly as possible which of their residents may be involved in an
accident. This will ensure that they can assist the involved families as a ‘community father
fgure’ and help the local community during the grieving and coping process. The
document aims at formulating the preferences and agreements related to releasing
names during incidents abroad clearly and, as far as this may be possible, recording
these preferences and agreements. The document contains general principles, an
overview of the parties and roles/responsibilities involved, and an overview of the steps
to be taken in the event of a major incident abroad that involves Dutch nationals.
The draft protocol states that fnding the most up to date passenger list is extremely
diffcult. It is also possible that multiple lists are in circulation - or no lists at all. This is a
given during the entire process. That is why work is performed based on a list of missing
people. According to the draft protocol the LTFO draws up this list during the
identifcation procedure, which is performed with the greatest care and therefore requires
more time. The list of missing people is based on probability, and is not a publicly
established list. By making this list available early insight in the possible victims is
provided.
The draft protocol also indicates that the Ministry of Foreign Affairs itself compiles a list
of missing people based on the reports that the Ministry has received. The local
authorities also keep track of a list of missing people. When these two lists are compared
with each other, the list of missing people of the Ministry of Foreign Affairs is more
authoritative. As soon as the LTFO is deployed, the list of missing people as drawn up by
the LTFO is - and will continue to be - a ‘working list’. Only after the identities of all
victims have been determined, the validity of the list of missing people that was used,
becomes clear. Therefore, as stated in the draft protocol, no single authority can vouch
for the list of missing people.
The responsibility for the list of identifed victims will depend on the situation. Abroad,
this will be the competent authority, of which the Ministry of Foreign Affairs indeed
expects to receive confrmation. If the LTFO is deployed for the identifcation, the head

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of the LTFO in fact ensures that there will be a validated list of identifed victims. Formally,
the LTFO will draw up an offcial identifcation report for each individual victim. In the
Netherlands, the Public Prosecutor will take possession of the victim’s body. The Public
Prosecutor is responsible for the identifcation of the individual victims, but not for
compiling the victim list.
The draft protocol states that the list of missing people is a working list. It is recommended
to always emphasise the following points when communicating about the list of missing
people:
• the list of missing people is a possible list of missing people and is not necessarily
complete;
• the purpose of the list of missing people is to inform the relatives of those who are
missing and the mayors of the domiciles of the missing people;
• the list is emphatically not intended for publication (to the general public or media);
• the public administration must only issue information about fatalities that has been
confrmed.
The draft protocol describes the organisations that take action when a fatal incident
abroad occurs involving Dutch nationals, namely the Ministry of Foreign Affairs, the
Ministry of the Interior and Kingdom Relations, the Ministry of Security and Justice
(depending on the incident, the deployment of the NCC or LTFO may be required), a
combination of emergency centres/travel organisations, the Dutch Society of Mayors,
Victim Support the Netherlands and the media. The described roles of these parties are
generally in line with previous descriptions in this report and its appendices. A few
parties that may have a role to play in relation to an aircraft accident involving an aircraft
departing from or heading towards a Dutch airport with many Dutch nationals on board
are missing in the draft protocol. Parties such as the airline, the Royal Netherlands
Marechaussee and the safety regions are not part of this protocol.

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Visiting Address
Anna van Saksenlaan 50
2593 HT The Hague
T +31(0)70 333 70 00
F +31(0)70 333 70 77
Postal Address
PO Box 95404
2509 CK The Hague
safetyboard.nl


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