Code Of Customs Of The Sea Commercial Port Of Mariupol

1. General Information
2. Main Cargo Forwarding Conditions
3. Gross Loading / Unloading Rates
4. Transshipment Facilities (TF)
5. Time Rates of maneuvering and auxiliary movements for drycargo ships

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Ceneral Information

ARTICLE 1

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.

ARTICLE 2

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 tons capacity,
  • floating cranes of 16.0, 100.0 and 150.0 tons capacity,
  • forklift trucks of 1.5 up to 32.0 tons 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.

ARTICLE 3

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).

ARTICLE 4

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.

ARTICLE 5

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 oversized cargo pieces; names and legal addresses of Forwarders and Consignees; number of hatches which 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. AII 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. - 08.00a.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 (commission) 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 forcing 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, Slate Grain Inspection and State Quality Inspection conclusions. All losses and damages connected with such handling shall be at the expense of Cargo owners (Shipowners).


ARTICLE 6

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 fulfillment 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.

ARTICLE 7

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 arid 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.


ARTICLE 8

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.

ARTICLE 9

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 inflammable 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 transshipment facility and after free pratique.

ARTICLE 10

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

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