CODE OF CUSTOMS
OF NIKOLAYEV COMMERCIAL SEA PORT
The Code of Customs of Nikolayev Commercial Sea port (hereinafter
referred to as "Code") is a totality of rates and regulations, which
should be observed by Ukrainian and foreign shipowners and cargo owners, and
also their agents and forwarders, participating in transportation process.
1.1. Code is based on:
1.1.1. International
practice of operation of commercial sea ports.
1.1.2. Merchant Shipping
Code of Ukraine, Ukraine Law "On private property"; the Decree of the
Cabinet of Ministers of Ukraine No.113 dated 22.01.96 and No.440 dated
20.06.95.
1.1.3. Port Regulations.
1.1.4. Compulsory by-laws
acting in the port.
1.2. Code is the main document regulating:
1.2.1. Operating conditions
of the port.
1.2.2. Terms and order of
calling in the port, departing from the port;
loading, discharging and
servicing the ships in the port.
1.2.3. Terms and order of
delivering cargoes to the port and dispatching cargoes from the port by
railway, motor and other kinds of transport.
1.2.4. Order and terms of
storing cargoes in port warehouses.
1.3. Code shall apply, where arisen relations are not regulated by
law:
1.3.1. in the absence of a
contract of carriage by sea;
1.3.2. in the absence in a
contract of carriage by sea or in Bill of Lading of terms, regulated by this
Code of customs;
1.3.3. where these customs
are referred to in the Contract of carriage by sea, in the Bill of Lading, in
the sales contract in foreign trade or in any other document.
2.1. The port is open for vessels' calls all year round.
2.2. The terms and order of inward/outward pilotage by
ice-breakers in winter are declared in port notices.
2.3. The ordinary working time in the port is considered to be
from 08.00 to 16.00 o'clock local time, except
Sundays and holidays.
The port can undertake operations and servicing round the clock on
contractual basis.
The holidays at the port are: January 1, January 7, March 8, May 1-2,
May 9, June 28, August 24, November 7-8, Port
Foundation Day, Easter (1 day), Whitsunday (1 day) and other days, that may be
declared national holidays or days-off by
local authorities.
2.4. The inward and outward pilotage, shifting of the ship from
one berth to another are determined by Compulsory by-laws in the port (by
established time rates and pilotage dues of Appendix
3).
3.1. The ship shall be
accepted to
the port for cargo handling, mooring, and other operations only on receiving a confirmation of acceptance from port.
Maximum dimensions of the ships, bound for Nikolayev sea port shall not
exceed: length - 215 m, beam - 30 m, draft -
9.5 m.
Ships, the dimensions of
which exceed the abovementioned figures, can
be accepted to the port only after compulsory coordination with Harbour master.
Additional expenses relating to the pilotage of
such ships shall be beared by shipowner/Charterer.
Tug's assistance for passing through the channel is compulsory for
ships of length more than 187 m. Tugs are also given to a ship of smaller
dimensions if ordered by the ship master.
3.1.1 Mooring operations in
the port are carried out only with tug's assistance, the quantity of which is
determined by ship master on coordinating this with pilot. The cost for using
tugs for mooring does not depend on quantity and capacity of tugs.
3.2. On the basis of existing contracts (agreements) and within
its terrestrial and water area the port shall provide compulsory operations and
services including:
3.2.1. Loading and
discharging of ships (trimming, stowing included), cargo separation, fastening
and unfastening of cargo, dry cleaning of holds and tween-decks after
discharging the calling in the port ships with the draft declared by the port:
- transport and forwarding
service; static interdepot operations;
- cargo transfer to sea
transport from other kings of transport and vice versa.
To carry out mentioned
operations the port uses specialized complexes and general-purpose berths with
roofed warehouses and open-storage spaces.
The ships carrying refrigerated
cargo, titania slag, ilmenite, grain and raw sugar in bulk shall be discharged
directly to transportation facilities (ship-to-railway car, ship-to-motor car,
ship-to-ship).
Dangerous cargoes shall be
handled in compliance with IMO and IMDG Code rules only after receiving by
cargo-owners permission of State Inspection for Protection of the Black Sea or
Ministry of Environmental Protection and Nuclear Safety of Ukraine and on
preliminary agreement with the port.
Cargoes are to be delivered
to the port only on receiving a confirmation from the Port Authorities.
3.2.2. The port shall
provide alongside the berth or in roadstead:
- water supply of ships;
- removal of bilge, ballast,
sewerage waters; garbage disposal.
3.2.3. The port shall issue
the documents for the loaded/discharged cargo.
3.2.4. The port shall get
the documents relating to the arrival or departure of ship's.
3.3. Other operations and services are available on
additional requests:
3.3.1. Allocation of lay-off
berths for ships.
3.3.2. Deratization,
disinfection (water and reservoirs included) disinfection, fumigation of
cargoes. Accommodation of crew members in hotels. Electric power supply and
installation of telephones.
3.3.3. Other works and
services specified in the contract (agreement) including customs clearance,
dispatch and demurrage calculations.
3.4. All services at the port are paid according to the rates of
dues and costs, established by acting legislation.
3.5. Other services may be available at the port on the agreement of the
parties.
For effecting cargo handling operations any ship shall be moored
at the place indicated by the port authorities, if length and draft of the
ship, always afloat, permit. It is the Charterer's
(Shipper's or Consignee's) duty to see to it, that the Port Authorities provide
a berth or roadstead point necessary for cargo
handling operations.
If a necessity of putting the ship in the inner roads for
replenishment or other purposes arises, the Shipowner shall bear all the expenses
relating to such putting her in, including the expenses for using the port's
tug to ensure safety while lying in the inner roads.
5.1. The ship master or his agent shall advise the port on the
arrival of the ordered ship at least 10 days prior to the expected time of
arrival (ETA) and give corrected notices 72, 24 and 4 hours prior to ship's ETA
stating:
- the names of shipowner and
Charterer;
- verified time of arrival
to ice edge, pilot station (reception buoy);
- draft;
- cargo-plan (if the ship
arrives for discharging);
- full information on
available shipping documents;
- need for fuel, water,
other supplies and services;
- absence of sanitary and
other restrictions, which make the ship not ready for cargo handling;
- other information about
the ship and cargo, including dangerous cargo, which may be required to provide
normal servicing of the ship.
5.2. The ship master shall give the Port Authorities through his
agent immediate notice of delay, which may
cause the ship's arrival after the indicated ETA. Otherwise, if no information is received by the port or the
submitted by the ship master information is inaccurate or overdue, the ship's
lay time will be increased by 24 hours.
5.3. The port confirms receipt of the notice and informs the ship
master trough Agent on the conditions of
pilotage and ice-breaker's assistance into the
port, berth number or anchorage point in the roadstead, indicated by the Port
Authorities, and expected time of berthing.
5.4. In case of ship's arrival after the indicated time, all
relating to this expenses and losses (demurrage of transport,
idle labour, storage expenses, etc.) shall be for ship's account
5.5. The ship master shall be responsible for any consequences
resulting from giving wrong information on the ship's draft,
length overall, beam or net register tonnage.
6.1. The lay days of the ship at the port is all the time of
ship's stay in the port from the moment of ship's arrival (completion of
berthing or anchoring within the port water area on the indication
of the Port Authorities) to the moment of ship's departure from the port
(beginning of leaving the berth or weighing anchor).
6.2. To keep account of the lay days , i.e. the time of
ship's actual stay in the port, the ship shall
execute the time sheet together with the port.
If the ship is discharged first and then loaded at the port,
separate time sheets are executed for
discharging and loading.
Time sheet shall be signed by the ship master (or his agent) and
the port representatives. The signing of the time sheet by the parties
must not delay the ship's departure.
The records in the time sheet are not to be changed and none of
the parties has a right to refuse to sign the lime sheet. Should one of the parties have any objections, a corresponding remark can be made by this party
before the document is signed.
If the ship is serviced with the participation of the Shipper or Consignee (or their
representatives), the time sheet shall be executed and signed with participation of the
latter.
6.3. Recorded in the time sheed in chronological order shall be all service operations
in hours and minutes, starting from the ship's
arrival to the port to the moment of completion of all operations performed by
the port, including all delays in handling,
that caused interruption of the ship's by
time, duration and reasons of the delays being indicated and, in necessary cases, noted in reports.
6.4. If weather conditions do not permit port
representatives coming onboard a ship for signing the time sheet, the latter shall be
signed by the ship
master after the case has been agreed with port representative over the
radiotelephone, a corresponding entry being made into the ship's log-book and the extract from the log-book annexed to the time sheet.
6.5. Time sheet for any ship shall
be executed in all events of loading, discharging
and servicing of a ship, irrespective of where and by what means the ship is
serviced.
7.1. The ship master shall give notice of readiness within officially
established in the port office hours upon completion of customs formalities and receiving a
grant of free pratique (and also after
completion of discharging of a ship if she is to
be loaded then).
By the commencement of loading the ship's cargo spaces shall have
been fully cleaned and equipped with facilities necessary for loading of a
particular cargo, in accordance with the notice.
The ship is considered to be ready for loading bulk cargoes if:
- there is a clear load mark
on the stem and stern frame and easily readable midship draft numerals, which
permit to determine the amount of loaded cargo by the draft;
- there is no ballast water
or the filling of ballast tanks can be performed by ship's facilities without
interference with the process of loading;
- the holds are ready to be
loaded with particular cargo.
A notice of readiness will be accepted only if the ship is actually ready for loading the
particular cargo into or discharging it from all her holds to be used in the
particular port, and if a complete set of
cargo documents is available.
In necessary cases the readiness of the holds for
loading/discharging is to be confirmed by a corresponding Inspection (Committee). The port's representative shall make a
corresponding note in the ship master's notice not later than 30 minutes after the notice is
received and indicate the commencement of the lay lime count.
8.1. Lay lime is considered to
be the
working time given to the port according to the terms of agreement
or present Code for loading discharging cargo,
including separation, re-weighing, usual
fastening/unfastening and trimming/slowing of cargo; opening/closing
and covering of cargo hatches; execution of
document for loaded/discharged cargo; dry
cleaning of cargo holds after discharging; bunkering and water supply of the
ship, if this cannot be done during cargo
handling; mooring operations related to cargo
handling at specialized wharves of the
port.
If, on ship's request, special fastening/unfastening
of the cargo is required or special labour-intensive preparatory operations are needed during discharge of cargo owing to the cargo condition (blasting, complete scarifying, pneumatic
loosening, repacking, excerption of water-effected or damaged packages, when handling poisonous and flammable cargoes using gas-masks, etc.) the port is to be given
extra time, which shall be added to the lay lime.
8.2. The lay lime is determined by dividing the
weight (amount) of the cargo in tons (cbm, pcs) by the
loading/discharge rate per weather working day.
When cargoes lo be loaded
onboard have different loading rates, the weight of the particular cargo is
divided by the loading rate per weather
working day proscribed for the ship.
If cargo is loaded/discharged not to/from all cargo spaces (hold, tween-deck, RO/RO vessel deck) the prescribed rate shall be
multiplied by the number of the declared cargo hatches and divided by the total
number of cargo hatches available on the ship. The time required for auxiliary
operations, which cannot be performed at the
same time with cargo handling, shall be added to the lay time.
8.3. Lay time shall be calculated as follows:
- Sundays and holidays as
well as the time from 12.00 o'clock on Saturdays till 08.00 o'clock on Mondays
and the days following holidays are not included in the lay time, irrespective
of whether the ship has been under loading/discharging or not.
- The days preceding
holidays are considered as 3/4 of a working day.
8.4. If the notice of readiness was given by the ship master before 12.00 o'clock, lay time shall count
from 16.00 o'clock of the same day. If the
notice of readiness was given by the ship master after 12.00 o'clock, the
lay time shall count from 08.00 o'clock of the next working day.
8.5. The count of lay time is interrupted if cargo
handling operations and auxiliary operations included in the lay time cannot be performed owing to foul weather (precipitation, frost, excessive heat, strong wind, earthquake, etc.),
strikes, international conflicts, unexpected State Acts, other force-majoure circumstances and
their consequences through the fault of the ship's management. Charterer, cargo owner; absence of railway cars for cargoes handled directly only if the
port has ordered the required number of railway cars. The count of lay time is also interrupted if the berth is occupied
by the ship under loading/discharge, which arrived earlier and was confirmed by the port for acceptance
according to the cargo owner's request.
9.1. At the port's request the
ship shall take in or deliver cargo day and night and also on Sundays and
holidays, providing free of charge steam,
electric power, winches, slings, cranes, as
well as lighting and other facilities necessary to ensure efficient cargo handling. Cargo shall be received and delivered
alongside, on the berth, each cargo lift being compulsory confirmed by a
tallyman receipt signed by both parties. The ship shall ensure delivery of cargo as per Bills of leading.
9.2. The ship shall close and open hatches in case the
loading or discharging is interrupted or if the weather is foul. When shore cranes are
used, the ship shall bear all expenses.
9.3. Should idle labour occur for the reasons within the ship's
control (disrepair of ship's cargo handling gear, loss of steam and/or
lighting, stoppage of cargo handling operations on the request or
through the fault of the ship's management,
making changes in the mutually accepted cargo plan on the initiative of the ship's management,
etc.), idle time costs shall be paid by the ship owner at the rates currently
in effect at the port Such idle time shall be excluded from lay time.
9.4. The shiftings of the ship related to her loading/discharging and servicing shall be for the ship's account:
- the first one-in all
cases;
- subsequent shiftings
caused by selective loading of the ship-depending on the specialization of the
port.
In all other cases shiftings of
the ship, including those related to servicing, shall be paid by the party, that ordered them.
9.5. At the port's request the ship shall leave the
berth.
9.6. Additional costs, related to discharging of cargoes from
lockers, deep tanks and other spaces unadapted for normal working of men and functioning of machinery
and the discharging of non-standard cargoes and cargoes in faulty packaging
shall be for ship's account and the actual
used time shall be added to lay lime.
10.1. Dunnage and fasteners necessary for
loading cargoes shall be provided by the Charterer
for his own account. Separation and fastening operations on board the ship shall be performed for the ship's account. Special equipment - turnbuckles, (clamps, steel ropes, and other fasteners - shall be provided by the ship.
10.2. The responsibility for correct separation of cargo, fastening
and trimming (stowing) of cargoes shall rest with the ship's management. Installation of stanchions for loading of deck cargo and fastening of deck cargoes are to be performed
for ship's account and under ship's responsibility, irrespective of whether these operations are performed by the
ship's crew or
by the port's workers, at the ship master's request.
10.3. Cargoes shall be slowed on board the
ship in accordance with the cargo plan approved by the ship master and agreed with the
port.
The ship master shall be responsible for the correct trimming and stowage
of cargo in the ship's cargo spaces.
The ship owner shall be responsible for the
separation of lots under Bills of lading and
quality of separation during loading, and also
for the delivery of cargo as per Bills of Lading during discharge. If these
conditions are not performed properly, all the
expenses for sorting out the cargo in the port during discharge shall be incurred by the ship
owner. All the losses in case the cargo cannot be sorted out shall be incurred
by the ship owner.
Cargoes may be loaded on deck with the cargo owner's permission.
10.4. Particular cargo shall be loaded only after
the cargo owner has given to the ship's management and Port Authorities
permission of State Inspection for Protection of
the Black Sea of Ministry of Environmental
Protection and Nuclear Safety of Ukraine; Certificate on the cargo,
Seaworthiness Certificate; and also if the ship has corresponding standard documents on safe carriage of the cargo by
sea. Particular cargo shall be discharged only if the ship has sanitary certificate of the state sanitary expert examination. The ships shall be provided with these documents by the cargo owners arid ship
owners (Charteres).
11.1. The port shall be responsible to the ship owner
for any damages of the ship occurred through the port's fault.
The damages shall be confirmed with a report
executed with compulsory participation of a port's representative during
the working shift, in the course of with the damage has taken place, but not later than 4 hours
after the end of a working shift.
12.1. (Cargoes shall be
loaded and discharged during weather working days.