CODE OF CUSTOMS
OF THE SEA COMMERCIAL PORT OF MARIUPOL
1.1.
This Code is based on:
1.1.1. International
practice of sea commercial ports;
1.1.2. Laws of Ukraine re:
"Enterprises", "Employment", "Foreign Trade
Activities";
1.1.3. Code of Merchant
Shipping of Ukraine(CMS):
1.1.4. Statute of the Sea
Commercial Port of Mariupol;
1.1.5. Obligatory
Regulations of the Sea Commercial Port of Mariupol.
1.2.This
Code is a principal document, which defines:
1.2.1. Process of production
of the port;
1.2.2. Procedures and
conditions of call at the port, of loading, unloading and servicing of ships
and cargoes,
1.2.3. Procedures and
conditions of cargoes taking in-and-out by railway, marine, automobile and
other forms of transport vehicles.
2.1.
The Port is situated in the Azov Sea, in the NW part of the Taganrog gulf, Lat.
47°03'N, Long. 37°30'E and protected seaward by North, South and East moles.
2.2.
The Port is open for navigation all the year round. The days of the opening and
closing of ice navigation shall be the days officially declared as such by the
Port Administration. Procedures and conditions for ice-breaker assistance will
be effected according to Obligatory Regulations and orders of Ice Manager while
sailing in and out under ice conditions.
Calls
of warships and nuclear ships shall be agreed in accordance with procedures
established by directive bodies.
2.3.
Vessels are acceptable when their length is not more than 240 metres and their
draft does not exceed 8 metres.
2.4.
The Port is a territory with a special permit, coast guard and custom controls
regime which is conditioned by special order of General Manager with taking
into account Coast Guard and Custom legislation of Ukraine in force.
2.5.There
are Port's facilities to provide transports'(trains, lorries and ships)
handling including 16 berths: 11 cargo berths with depth 8 metres, 3 cargo
berths with depth 6,5 metres and 2 passenger berths with depth 6,5 metres as
well as indoor and outdoor warehouses for cargo storage and transshipment
equipment:
- gantry cranes of 5.0 up to
40.0 mtons capacity,
- floating cranes of 16.0,
100.0 and 150.0 mtons capacity,
- forklift trucks of 1.5 up
to 32.0 mtons capacity and other mashinery.
2.6.
Unloading and loading in-and from vessels of refrigerated cargoes, grain, raw
sugar, dangerous cargoes, sulphur and bulk fertilizers is effected by direct
variant only.
Dangerous
cargoes are transshipped in accordance with MOPOG/ IMO regulations only and
should be agreed beforehand.
Transshipment
of dust-forming mineral fertilizers, sulphur and other dust- forming cargoes is
limited by requirements of proper sanitary and nature protecting authorities
and by requirements stipulated by working technological cards.
2.7.
All cargoes delivered to the Port must have declarations and IMO certificates
before loading.
3.1.
Vessels are acceptable for handling, lying and other operations only after
preliminary consent and the Port's confirmation.
3.2.
The Port is open for coasting and international sailing and effects works and
services mentioned in Annex 1 in the limits of its territory and aquatorium on
the condition that Shipowners, Charterers and other clients concluded contracts
with the Port which effects also:
3.2.1. Supply of lubricants.
3.2.2. Supply of fresh water
from shore, removal of bilges and faecal water, removal of garbage.
3.2.3. Hire of tug - boats
for berthing and launchers for crews.
3.2.4. Placing(if possible)
at free berth or in the outport for prior repair engagements, loading of
stocks, minor repair, staying and other ships' needs.
3.2.5. Arrival / sailing
formalities.
3.2.6. Placing in the
outport for fumigation and degassing of ships.
3.2.7. Special lashing of
cargoes with appliances for lashing given by cargoes / shipsowners according to
their orders.
3.2.8. Customs and
immigration clearance for international sailing ships.
3.2.9. Other services agreed
by parties.
3.3.
Pilotage is compulsory for all ships that enter(or leave) the Port as well when
shifting berths or moles and is effected according to time rates and pilotage
dues stated by the Port Authorities.(Annex 4)
3.4.
Ships' and other crafts' movements in the harbour including roadsteps are
regulated by the Ship Traffic Management System(STMS).
4.1.
Only ships with closed-type sewage system or biological cleaning sewage system
shall be accepted.
As
an exception, ships without the abovementioned systems shall be accepted after
an agreement of Shipowners or their Agents with nature protecting and the Port
Authorities. In this case movable shore toilets to be used obligatory.
4.2.
Discharging of faecal and bilges waters and dry garbage in aquatorium of the
Port and in the Azov Sea is prohibited. All ships must discharge faecal water
on the Port's crafts before leaving the Port.
4.3.
It is prohibited to blow funnels and to pollute the air with excessive smoke
content in aquatorium of the Port.
5.1.
All merchant ships, irrespective of their flag, to be accepted for handling in
the usual order of priority on a par with all ships arriving in port and
subject to the date of loading orders or waybills.
5.2.
Liner ships service is effected according to line schedules. Priority of
berthing is effected according to contracts signed by the Port and Shipowners /
Charterers.
5.3.
A ship working on line, which has been registered and certified at the Marine
and River Transport State Administration, is considered as the liner ship. This
ship to be worked in accordance with a schedule agreed with the Port.
5.4.
A ship-substitute to be completly accorded to shipment conditions of cargoes as
a planned ship and these cargoes to be delivered in proper time. This ship
should have the same construction, draft and berth specialization as a planned
ship as well as her gross loading /unloading rates.
3
days prior to arrival shipowners should give substitute notice to the Port
Administration.
5.5.
At least 10 days prior to arrival Masters( Shipowners) should give notice to
the Port Administration with subsequent specification 48, 24 and 4 hours in
advance of arrival( LT) or 2 hours after leaving a last port of call, if
passage is less. The Port Administration should provide Masters with all
information regarding berthing and handling of cargoes.
5.6.
In the preliminary notice Masters / Shipowners should state the following
information:
name of the ship, her
dimensions, quantity and sizes of cargo spaces and hatches, number of decks,
ETA, cargoes to be discharged(loaded), number of holds to be discharged(loaded)
in this Port; the enlarged nomenclature cargo list for every lot of cargoes to
be discharged(in turn of discharging from top to bottom), special physical /
chemical characteristics according to Certificate of Quality; heavy lifts and overseized
cargo pieces; names and legal adresses of Forwarders and Consignees; number of
hatches wich are ready for handling; orders for the ship's servicing with
indication of oil and water quantity requested.
During sailing under ice
conditions Masters must inform additionally the ship's Ice Class, her engine
capacity, material of propellers, quantity of fuel, water and provision which
should be on board not less than for 10 days of work.
5.7.
All information regarding planned shiftings, commencement(termination) of cargo
handling and other operations should be given to Masters by the Port's
Administration not later than 2 hours prior, if those operations to be
performed in the day time(08.00 a.m. - 05.00 p.m.) or not later than 03.00
a.m., if in the night time( 05.00 p.m. -08.00 a.m.).
5.8.
The Master( or his Agent) shall, upon completion of customs formalities and
upon the ship's being admitted to free pratique, deliver a notice of the ship's
readiness for handling and servicing to the Port's representative with
indication of number of holds which are ready.
The
same procedure to be effected upon completion of discharging, if the ship to be
loaded after discharging. Readiness of holds to load(to discharge) should be
confirmed by the inspection(commision) called by the Agent or the Port, in case
of need.
5.9.
By the time stated in Notice, Masters must provide readiness of their ships for
berthing, readiness of all holds and decks for discharging(loading) according
to cargo plans, readiness of cargo handling equipment and hatches including
their opening and lighting of holds, decks and alongside places in accordance
with the Rules of fire arrangements and safety engineering. Lifting capacity of
ship's cranes(winches) should be confirmed by the Register of Shipping
documents or relevant documents for foreing ships.
5.10.
The ship shall be considered ready to load bulk(grain) cargoes, if load marks
and deadweight scales on stems and midship are clear so that quantity of loaded
cargo, the absence of ballast water or it's presence, which could be discharged
without termination of handling, could be estimated by draft.
The
time spent for ballast water discharging to be excluded from the Jay days.
5.11.
If shipping orders or waybills as well as due payments are not received from
Forwarders(Cargo Owners) by the moment of the Notice delivery, the Port shall
make the corresponding remark in this Notice, and the time spent for the
abovementioned documents waiting shall be at the expense of Cargo Owners or
Charterers and to be added to the lay days.
5.12.
Shipowners(Charterers) have the right to change the turn of handling for their
ships, if interests of other Shipowners(Charterers) and the Port shall not be
infringed. The Port shall correct its plan of works according to
Shipowners(Charterers) application.
The
following conditions should be provided while changing the turn:
- handling shall be
performed within limits of one Transshipment Facility;
- the ships shall be of the
same type and with same quantity of cargo;
- the Port should be
informed 3 days prior to the planned handling.
5.13.
The Port can accept for out of turn handling ships loaded with cargoes, which
should be discharged due to threat of quality loss according to Chamber of
Commerce, State Grain Inspection and State Quality Inspection conclusions. All
losses and damages connected with such handling shall be at the expense of
Cargo owners(Shipowners).
6.1.
Stowage of cargo shall be done according to the cargo plan approved by the
ship's Master and the Port. The ship is responsible for correct distribution
and stowage of cargo in the ship's cargo spaces.
6.2.
The Carrier must prepare all cargo spaces for proper receipt and safety of
cargoes to be loaded. All fastening rings must be mounted prior to loading
commencement.
6.3.
Responsibility for the correctness of separation, stowage and fastening of
cargoes shall be lied with the ship.
The
installation of stanchions for receiving the cargo on deck and fastening of the
deck cargo shall be done at the expense of the ship or Cargo owners and shall
be the ship's responsibility, whether this work be done by the ship's crew or,
at the Master's request, by the means of the Port.
The
Shipowner is responsible for separation of Bills of loading and its quality.
Should
the Shipowner fail to comply with these conditions, all expenses connected with
the sorting of cargo in port during unloading shall be borne by the Shipowner.
Loading
of the cargo on deck shall be effected with the permission of the Cargo owner.
6.4.
In case of ship's delay in the Port after fulfilment of all operations, as well
as in case the operations which were not fulfilled during the planned time and
may be done at the other berth, the Port must give a free berthing or anchorage
place and the Master must shift his ship there to avoid the handling delay of
other ships. Tugs shall be paid by the ship or by the Port accordingly.
6.5.
The ship shall , at her own expense, accomplish one shifting from berth to
berth during loading(discharging) at the request of the Port and, if necessary,
the second shifting can be accomplished due to specialization of the Port's
facilities.
Time
spent on the movement from discharging berth to loading berth to be counted in
loading timesheet and tugs to be paid by the Shipowner.
Any
subsequent shiftings at the Port's request shall be done at the expense of the
Port.
All
shiftings and handlings connected with an incorrect information shall be at the
expense of the guilty Party.
6.6.
The shifting of the ship with non-working main engine, faulty rudder gear and
other faults to be paid at double pilotage and tugboat dues, if no other
clauses in normatives.
7.1.
The ship shall, at the request of the Port, receive or deliver the cargo day and
night, as well as on Sundays and holidays, furnishing free of charge electric
power, winches, cranes, lighting and other facilities necessary to ensure
loading or unloading of the cargo. The receipt and delivery of the cargo to be
effected alongside by Bills of lading. Tallysheets for every sling load to be
signed by the Port's and ship's tallymen. If ship's tallymen are not presented,
count of Port's tallymen should be considered as final without any clauses in
documents.
7.2.
During the breaks in loading or unloading of any cargoes as well as in case of
bad weather, opening and closing of hatches shall be done by ship's crew.
Should shore or floating cranes be used, the expenses shall be borne by the
ship.
7.3.
Any additional expenses connected with unloading from lockers, deep tanks and
other spaces not fitted for normal work of people and machinery, as well as
unloading of sub-standard cargoes and cargoes in defect packing at the request
of the ship, shall be borne by the ship. The actual time spent for those
operations to be added to the lay days.
7.4.
Separation and lashing materials shall be furnished by the Charterers or the
Shipowners at their own expense. Any special lashing of the cargo in holds and
on decks( welding, keel blocks, planking, making and mounting of metal details,
etc) to be done at the Consignor's or Consignee's own expense and the time
spent for those operations to be added to the lay days. Special stocks -
rigging screws, clips, clamps, steel ropes, etc. for lashing of the cargo shall
be furnished by the ship.
8.1.
The Port and the ship shall draw up a Timesheet to count the actual time of
staying the ship in the Port.
8.1.1. A Timesheet to be
drawn for discharging and loading separatly, if the ship to be loaded after
discharging in this Port.
8.1.2. A
Timesheet(Statement) to be signed by the Master, his Agent and Port's
Representative(rank and name mentioned). The Timesheet drawn up without the
Port's Representative to be considered as invalid. The procedure of signing of
the Timesheet by the Parties should not delay the ship's departure.
No changes of the Timesheet
are allowed and the Parties have no right to refuse to sign the Timesheet. If
any contradictions, the proper clauses should be made by any Party.
8.1.3. All handling
operations to be fixed in hours and minutes from the moment of the ship's
arrival till her departure including any delays of handling resulted in the lay
days exclusions with their duration and reasons mentioned, with proper
statements, in case of need, drawn.
9.1.
If any special lashing(refastening) of the cargo is requested by the ship, or
in case of effecting heavy duty discharging operations(packing, repacking of
damaged and wetted cargo pieces, discharging from lockers, deep tanks and other
spaces not fitted for normal work of people and machinery, etc.), handling of
poisonous and inflammbale cargoes with using gas-masks, opening and closing of
hatches with shore and floating cranes, etc., additional time agreed by the Parties
to be provided to the Port and this time to be added to the counted lay days.
9.2.
The lay days shall be counted after berthing of the ship at free berth in the
limits of the transhipment facility and after free pratique.
The
Port is liable for any damages of ships, railway cars and other transports
through its fault if those were confirmed with the statement, drawn during the
shift while damages were made, with a compulsory participation of the Port.
General Manager
M.M. Dergausov
Annex 1
Main Cargo Forwarding Conditions in the Sea Commercial Port of Mariupol.
1.1.
The present Conditions(hereinafter as MFC) determine main legal relations
between the Port and the Cargo owners connected with transhipment, storage,
warehousing and main cargo forwarding conditions in the limits of the Port's
territory and aquatorium.
1.2.
The present Conditions do not concern legal relations between the Cargo owners
and any third party. No liability for the Port is created with those legal relations.
The third party( including the Forwarder or Agent) is allowed to execute
Contracts and MFC on behalf of the Cargo owner. In this case the Cargo owner to
be responsible for non-execution or unproper execution of the duties by this
third party.
1.3.
Checking of quality, quantity, completeness of the cargo in the Port, if such
checking is necessary for the Cargo owners, Shipowners or Charterers, shall be
done with participation of the independent commission of experts. Special
agreements must be concluded between the abovementioned Parties and the experts
and the Port must be informed about forthcoming expertise.
1.4.
The present Conditions are not applicable to the handling of ships and cargoes
by forces and means of clients. In this case the Port shall conclude special
Contracts for the handling of those cargoes.
1.5.
Handling of the bulk chemical cargo without the Port's warehouses use is
effected according to the "Regulations of mineral fertilizers and other
bulk cargoes", which are in force now in the Port and according to Section
3 of the present Conditions.
1.6.
The Cargo owner shall pay for all performed works and rendered services as per
Price Lists, Tariffs and Contracts which are in force now in the Port.
2.1
The present Conditions are applicable to all Port's contracts inspite of
nationality of the Carrier's ship, Cargo owner or any other interested person
as well as to contracts concluded by Cargo owner( his Forwarder) or by liner
seagoing Carrier if those contracts related to the Port.
2.2.
The present Conditions to be prefered to any customs or rules of corresponding
branches, if any differences.
2.3.
The problems related to subject of the present Conditions' regulation, which
have no direct settlement, to be settled according to generals of Civil Law,
Code of Merchant Shipping and other normative documents in force now in
Ukraine.
2.4.
The present Conditions to be an integral part of any Contract if in this
Contract there is the Port's reference to those Conditions.
2.5.
The Parties have the right to include alterations and additions in their
contracts according to conditions or circumstances while conclusion of those
contracts, upon assuming as a basis the present Forwarding Conditions.