CODE OF CUSTOMS

OF THE SEA COMMERCIAL PORT OF ILLICHIVSK

(REVISED)

 

 

CLAUSE 1

1.1.   The Code of Customs of the Sea Commercial Port of Illichivsk (hereinafter “the Code of Customs”, “Code”) describes rules of servicing ships and cargoes that have been established and are applicable in the Sea Commercial Port of Illichivsk (hereinafter “the Port”).

1.2.   The Code of Customs applies irrespective of any references to it in the contracts and agreements concluded with the users of services. The Code of Customs shall extend to berths, cargo-handling complexes and terminals of any kind of ownership that are located in the Port.

1.3.   The Code of Customs is to be approved by the Manager of the State Enterprise “Sea Commercial Port of Illichivsk” and legalized by the Odessa Regional Chamber of Commerce & Industry.

1.4.   The Code of Customs is based on:

-       international practices of sea port operation;

-       effective legislation of Ukraine;

-       Articles of Association of the State Enterprise “Sea Commercial Port of Illichivsk”;

-       Compulsory Regulations for the Sea Commercial Port of Illichivsk.

1.5.   The Code of Customs is the basic document that regulates:

-       performance of the Port;

-       procedure and conditions of calling of ships at the Port (departure from the Port), loading, discharging and husbandry of ships that stay at the Port;

-       procedure and conditions of carrying cargo in the Port and shipping cargo from the Port by sea, rail, road and other kinds of transport;

-       procedure and conditions of storing cargo in the Port’s stores and warehouses.

CLAUSE 2

The following terms have been adopted in the Code of Customs:

“Ship” means any self-propelled or non-self-propelled floating craft of any displacement that has entered the Port water area, irrespective of the purpose of the entry;

“Shipping line” means a regular sea service between the predetermined ports that is accomplished by specific types of ships in accordance with the liner schedule and the established line tariffs.

“Liner ship” means a ship which operation in the shipping line has been envisaged by the liner schedule.

“Substitute” means a ship that is delivered by the carrier or the shipowner (operator) with the approval of the shipper or the charterer instead of the earlier nominated ship. Parameters of the substitute type (construction, dimensions, specialization, tonnage, cargo capacity, maximum loaded draft number of holds, cargo gear) should be similar to the particulars of the ship being substituted.

“Berth” means an engineering and technical construction provided with necessary means ensuring safe stay and handling of ships;

“Mooring” (“shifting”) means a complex of works performed by the Port in connection with mooring (shifting) of the ship to berth;

“Shifting alongside” means moving the ship along the berthing line to a distance that does not exceed the ship’s length.

“Lay time” means the time allocated for the cargo to be loaded in or discharged from the ship.

The terms that occur in documents mean:

“about (state) a date” – within 5 days before or after the date;

 “at the beginning of the month” – from the 1^st to the 10^th day;

“in the middle of the month” – from the 10^th to the 20^th day;

“at the end of the month” – from the 21^st day to the end of the month;

“middle of the month” – the 15^th day;

“at the end of (one) month or at the beginning of (next) month” – the 5 last days of the month or the first 5 days of the next month, respectively;

“in the first half of the month” – from the 1^st to the 15^th day;

“in the second half of the month” – from the 15^th day to the end of the month;

“spread even over the shipping season” – delivery of ships or shipment of cargo is effected evenly as the months roll by;

“running days” – lay time runs on all continuous calendar days, except foul weather days, Sundays and holidays;

“running days, Sundays and holidays excepted” – lay time runs on all continuous calendar days, however Sundays and holidays are excepted from the lay time;

“Free in” – loading is done on condition that the cargo is lifted up to the railing by the shipper and at his cost while loading from the railing of the ship into the hold, stowed and trimmed, is done at the ship’s cost;  

“Free in, stowed and trimmed” – the ship’s holds are loaded from the shore, the cargo is stowed and trimmed at the shipper’s cost;

“Loading (discharging), including stowed and trimmed, at the ship’s cost” – the shipper is obliged to deliver cargo alongside the ship under sling. The ship is obliged to load the cargo into the hold and stow/trim the cargo. At discharging the ship is obliged to discharge the cargo from the hold to railing and the consignee is obliged to take the cargo from alongside ship from the slings;

“Free out from ship’s hold” – the cargo is discharged from the holds onto berth or in barge, rail car or truck at the consignee’s cost;

“Acceptance (delivery) of cargo alongside ship – the ship is obliged to accept (deliver) the cargo alongside ship within reach of her cargo gear;

“Full cargo” – the shipowner (charterer) is obliged to make full use of the ship’s cargo capacity or tonnage with due account of the ship’s draft, bunker, water and other on board supplies;

“Whether worked or not” – Sundays, holidays and days off as well as other excluded periods are not included in lay time, whether or not the loading or discharging was being done during these periods;

“First-in-first-out” – a ship is berthed in accordance with a consecutive general queue, on a par with all ships arriving at the Port;   

“Weather working day” – Sundays, holidays and days off as well as foul weather time are deducted from the lay time;

“Cargo plan” – a plan of cargo arrangement on board ship.

CLAUSE 3

3.1.   The Port is open for calling ships year-round, both days and nights. Port operations are performed round the clock.

3.2.   All loading and discharging works (operations) and storage of cargo in the Port area are performed by the Port only, except when such operations and works are performed by other enterprises (organizations) by agreement with the Port (on the basis of corresponding contracts with the Port).

3.3.   The customary working hours in the Port, when ships are served, are from 08.00 to 16.00, Sundays and holidays excepted.

Loading and discharging works are performed in the Port round the clock on weather working days, except holidays.

The holidays and days off are: January 1 – New Year; January 7– Christmas; March 8 – International Women’s Day; May 1 and 2 – International Solidarity of Workers Day; May 9 – Victory Day; June 28 – Constitution of Ukraine Day; August 24 – Independence of Ukraine Day; two days (Sunday and Monday) – Easter; two days (Sunday and Monday) – Holy Trinity. Other days that might be officially declared by the Cabinet of Ministers of Ukraine to be days off will also be considered days off in connection with celebration of said holidays.

CLAUSE 4

4.1.   All cargo ships, irrespective of the flag, are accepted at the Port for handling, anchorage and other operations by a preliminary approval of the Port only on a first-in-first-out basis with due account of the date when the Port received orders for loading or discharging. Cargo-handling works are performed by the Port subject to the available contracts (agreements).

4.2.   Liner ships are handled in accordance with the announced liner schedule. Priority berthing for being handled is effected in accordance with the conditions stipulated in the agreement concluded between the Port and the shipowner (charterer).

4.3.   The ships operated as per the Port approved schedule of the line that has been registered with the State Department of Sea and River Transport in compliance with the established procedure are accepted by the Port as liner ships.

4.4.   In case the Port did not receive the forwarder’s (cargo owner’s) order to load cargo in the ship or the documents to discharge cargo from the ship before the master gives a notice of readiness to loading or discharging, the Port is entitled to endorse the notice accordingly and the time spent for waiting for said documents will be added to the lay time and charged to the cargo owner’s or the charterer’s account.

4.5.   The shipowner (charterer) is entitled to change a priority of handling his ships if it does not interfere with the plans of the other shipowners (charterers) and the Port, and in this instance the Port has to make changes in the work schedule.

4.6.   By request of the cargo owner (shipowner) the Port may arrange handling of a loaded ship so that she jumps a queue if her cargo requires urgent discharging as its quality may deteriorate subject to the available conclusions of the Regional Chamber of Commerce and Industry, Grain Inspection and other competent state bodies. In such instance the Port’s costs and losses associated with the queue-jump handling of the ship are charged to the customer who ordered it.

4.7.   The Port freely accepts ocean and tramp ships within the limits of its territory and water area and, on the basis of the contracts (agreements), performs works and provides services connected with:

-       loading, discharging, storage, separation and fastening of cargo;

-       handling cargo from the other kinds of transport to sea transport and vice versa;

-       provision of a free berth in accordance with the shipowner’s request.

To perform the above operations, the Port makes use of specialized ferry and container terminals, a terminal for chemicals, grain and liquid cargo, and the general use berths with open storage sites and enclosed warehouses.

4.8.   Also, the Port provides the following services at berth or in the roads:

-       water supply to ships;

-       receipt of bilge, ballast (to a limited extent), fecal waters and garbage;

-       tugs to perform berthing operation, longshore boats to carry crew and fire tugs;

-       floating cranes and the grain loader;

-       watchmen during the ships’ stay at the Port;

-       repair of ships by request of the shipowner;

-       other services as agreed with shipowners, chareterers, agents, forwarders and other customers.

4.9.   The Port performs formalities in connection with arrivals and departures of ships and prepares shipping documents for the cargo loaded and discharged in the Port.

4.10. All services provided by the Port are payable and are performed in accordance with the rates (tariffs) of dues and charges effective in the Port that have been established in compliance with the current legislation of Ukraine.

4.11. Acceptance of ships and their departure from the Port are effected after the port dues for each call have been paid.

CLAUSE 5

5.1.   The ship master or his agent advises the chief dispatcher of the Port on arrival of the notified ship 10 days in advance and specifies the time of arrival 72, 24 and 4 hours before the estimated time of arrival of the ship at the Port stating:

-       the data on the shipowner and charterer, and particulars of the ship;

-       specified time of arrival to the entrance buoy;

-       ship’s draft with due account of the water density in the port water area;

-       cargo plan (if the ship arrives for discharging);

-       full information on availability of shipping documents and requirements in bunker, water and other supplies;

-       compliance of the ship with the requirements of the International Convention for the  Prevention of Pollution from Ships (MARPOL 73/78) and availability on board of international certificates of prevention of pollution by oil, sewage and garbage;

-       compliance of the ship with the requirements of the International Ship and Port Facility Security Code (ISPS Code);

-       absence of sanitary and other restrictions that preclude to make the ship ready for cargo-handling operations;

-       data on cargoes to be discharged (loaded); number of holds to be loaded (discharged); list of cargo according to the grouped nomenclature indicating the quantity of each cargo (according to the downward order of unloading from the hold); specific physical and chemical properties of cargoes in accordance with the certificate of transport peculiarities of cargo; data on heavyweights, long-size and out-of-size cargo; data on ship readiness to handle cargo via all or several hatches; and other information about the cargo, including dangerous cargo, that is required to ensure regular handling of the ship at the Port;

-       point of ballast change in the Black Sea;

-       time of passage through the Bosporus if the ship arrives from that direction. 

When arriving to perform cargo-handling operations, masters of gas carriers and oil tankers are obliged to inform, in addition, on serviceability of the ship and on the equipment connected with prevention of environmental pollution, as well as on availability of the insurance policy.

5.2.    The ship master is obliged to immediately inform the Port authorities via his agent about all in-voyage delays that might cause late arrival of the ship as compared to the estimated time of arrival.

In case of the late arrival as compared to the notified time of arrival, all costs and losses connected with the delay of the ship (transport delays idle berth, labour downtime, storage of cargo, etc.) will stay with the shipowner.

5.3.   The Harbour Master issues a permit for the ship to enter the inner roads of the Port.

CLAUSE 6

6.1.   Every ship must moor for cargo-handling operations to the place indicated by the Port authorities with due account of the draft and length of the ship and always afloat, and the charterer (shipper or consignee) is obliged to take care that the Port authorities allocate the ship a berth necessary for cargo-handling operations.

6.2.   All shiftings of the ship within the Port that are connected with the ship needs (bunkering, supplies, etc.) are made in accordance with the master’s request and at the shipowner’s cost.

Any shifting the ship alongside during loading and discharging is made at the shipowner’s cost.

6.3.   The shipowner is bound to make one shifting from one berth to another berth as well as one shifting after discharging to a berth for loading at his own cost by request of the Port, shippers or consignees. The time spent for such shiftings is not included in the lay time.

6.4.   The costs of shifting and shifting the ship alongside that have been made as a result of incorrect information stay with the party to blame.

6.5.   The costs of additional shiftings made due to the Port needs stay with the Port.

6.6.   When shifting the ship with unserviceable main engine, stern gear and other faults the pilot dues rate and the charges for the use of the Port floating craft are doubled.

6.7.   In case representatives of the Port authorities may not sail in the outer roads to perform borderline or customs formalities because of storm weather, the ship may be allowed to enter the inner roads to perform such formalities. During the entire stay of the ship in the inner roads, a tug must stay alongside her for safety reasons. The costs associated with the hire of the tug stay with the ship.

6.8.   In case the master of the ship does not request tug services the ship still has to pay their cost in accordance with the effective rates. Mooring (unmooring) and shifting of ships in the Port are made with the pilot present on board only. 

The shipowner is fully responsible for the damages connected with untimely release of the berth. In case it is necessary to moor the ship to the mooring buoys in the inner roads of the Port in order to replenish supplies or for other purposes, the shipowner pays the Port all costs connected with such measure, including payment for the duty tug that is to stay near the ship in the inner roads in compliance with the Compulsory Regulations of the Port.

6.9.   During the entire stay of gas carriers and oil tankers in the Port a fire tug should be permanently ready to give assistance to the gas carrier and oil tanker in case of an emergency on board. The particular station of the fire tug is determined by the State Port Surveillance Inspection as agreed with the Fire Service of the Port. The tug must keep permanent radio watch in compliance with the requirements to floating craft that provide services to gas carriers and oil tankers. For the fire tug duty the gas carriers and oil tankers must pay the Port in accordance with the effective legislation.

CLAUSE 7

7.1.   The master of the ship is obliged to give a notice of readiness for loading or discharging during official working hours of the Port after the ship obtains free pratique (completion of arrival formalities, customs, sanitary (veterinary, etc.) inspection as well as after the end of discharging if the ship is to commence loading).

In accordance with the notice the cargo spaces of the ship must be stripped (cleaned) and provided with the equipment necessary for loading particular cargo.

7.2.   The ship is considered ready for loading bulk cargo provided she has a clearly visible loadline on the stem posts and midships along the draft marks that is readily readable and allows of determining the quantity of the cargo loaded by draft; absence or such amount of ballast water that can be pumped out by shipboard means without suspending the loading operations; and the holds ready to accept particular cargo.

7.3.   A notice of readiness is accepted provided the ship is actually ready to loading or discharging of the particular cargo in or out of all ship holds to be handled at the Port as well as the full set of shipping documents is available.

7.4.   If necessary, readiness of the holds for loading (discharging) must be confirmed by an appropriate commission. A Port representative makes a corresponding endorsement on the notice of the master of the ship not later than 30 minutes after its receipt.

7.5.   During intervals in loading or discharging of any cargo as well as in foul weather the ship closes and opens the hatches. In case shore cranes of the Port are used, the associated costs stay with the ship.

7.6.   The ship pays for idle time of labour that occurred due to reasons connected with the ship (unserviceable cargo gear of the ship, loss of steam, lighting, suspension of cargo-handling operations by request of the ship administration, change of the agreed cargo plan by initiative of the ship, etc.) in accordance with the rates effective in the Port on the day of the idle time and the period of cargo-handling operations lost due to these reasons is deducted from the lay time.

7.7.   By request of the Port the ship is obliged to perform required mooring operations and release the berth.

7.8.   Additional expenses connected with discharging of cargo from the holds, deep-tanks and other compartments that are not equipped for normal work of people and mechanisms as well as discharging of substandard cargo and cargo in a defective packing are referred to the ship’s account while the actually spent time is added to the lay time.

7.9.   During working hours the ship is notified on a forthcoming shifting alongside or shifting 1 hour in advance and, after 16.00 hours, 4 hours in advance of their commencement.

CLAUSE 8

8.1.   By request of the Port the ship is obliged to accept or deliver cargo in day time and at night as well as on Sundays and holidays providing free steam, electric power, winches, slings, cranes, lighting and other appliances that are necessary for loading or discharging of cargo.

Acceptance and delivery of cargo is accomplished alongside ship with an obligatory issuance of the tally receipt signed by both parties. The ship is obliged to see that the cargo is delivered according to the Bills of Lading.

CLAUSE 9

9.1.   Separation materials or fasteners that are necessary for carrying cargo are provided by the shipowner or the cargo owner at their own cost.

Special equipment such as turnbuckles, clamps, steel wire ropes and other fasteners for cargo are provided by the ship.

The master is responsible for fastening the cargo on deck. Separation materials and fasteners on liner ships are provided by the shipowner at his own cost.

9.2.   The ship is responsible for correct separation, fastening and trimming of cargo.

Erection of stanchions to accept cargo on deck and fastening of the deck cargo is accomplished at the ship’s cost and risk, irrespective of whether these works are done by the crew of, by request of the master, by the means of the shipper or his forwarder.

The ship ensures availability of separation materials and fasteners, including multi-use materials on board liner ships.

The Port may perform the works connected with making enclosures, false floors and crates by request of the master of the ship and at the ship’s cost.

CLAUSE 10

10.1. Cargo-handling operations are performed on working days when it is not prohibited to make such operations due to foul weather.

10.2. The Port sets up and makes public the rates of cargo-handling and auxiliary operations according to the cargo nomenclature.

10.3. Cargoes are stowed on board in accordance with the cargo plan approved by the master and agreed with the Port. The master of the ship is responsible for correct distribution of cargo in the cargo spaces of the ship.

The shipowner is responsible for separation of lots under different bills of lading and for quality of separation materials and fasteners during loading, and for the delivery of cargo as per bills of lading during discharge.

If these conditions are not complied with, all costs for sorting out the cargo during discharge stay with the shipowner. If it is impossible to sort out the cargo, all associated losses will be incurred by the shipowner.

Cargoes may be stowed on deck with the permission of the ship and the cargo owner.

10.4. Loading of appropriate cargoes is done provided the ship has normative documents concerning safe carriage of cargo by sea. The shipowner is obliged to provide the ship with the relevant normative documents.

CLAUSE 11

On the basis of the agreement with the agents (cargo owners, forwarders) the Agent or the Port is obliged to present the Bills of Lading and other documents concerning the cargo to the master of the ship or the other representative of the carrier for signing at least 2 hours after completion of loading of each cargo lot.

CLAUSE 12

The lay time of a ship in the Port is considered to be all time while the ship stays in the Port beginning from her arrival at the Port (end of mooring to berth or of anchorage within port waters in accordance with the Port instructions). The lay time of a ship ends when the ship departs from the Port (beginning of unmooring from the berth or of weighing the anchor).

CLAUSE 13

13.1. Special fastening means such fastening that necessitates deck reinforcement, erection of keel-blocks, special enclosures or welding works that cannot be combined with the process of loading/discharging of these cargoes.

If a ship requires to arrange special fastening of cargoes and perform specific labour-consuming preparatory operations at discharge because of the cargo condition (blasting works, complete scarifying, pneumatic crushing, repacking, separation of wetted and disturbed parts while handling toxic and inflammable cargoes necessitating a use of gas masks, etc.), additional time is given that is added to the lay time. The works are performed at the cost of the ship or cargo owner (consignee). 

13.2. Lay time is calculated by dividing the mass (quantity) of cargo expressed in tons, cubic metres, pieces by the gross handling rate for a five-hatch ship on a weather working day.

If the ship is to be loaded (discharged) with cargoes of two and more descriptions that have different gross handling rates (GHR), the lay time is calculated as a sum of the times required to handle each cargo at its own specific GHR.

When additional cargo is to be loaded in the ship or discharged from the ship that produced all holds for handling, the GHR is applied with the factor of 0.75/0.9, respectively.

If not all cargo spaces (hold, tweendeck, ro-ro’s decks) are used for loading/discharging cargoes the set up rate is reduced in proportion to the ratio of the number of produced holds to the total number of holds, however not more than up to 5 holds for the general cargo, and not more than up to 4 holds for the bulk and loose cargoes. No increase of the GHR is made if ships produce for handling more than 5 cargo holds.

Additional time for making auxiliary operations that may not be combined with cargo-handling works is added to the lay time allocated for cargo-handling works.

13.3. When calculating lay time, Sundays and holidays and the time after 15.00 on Saturdays and the days preceding holidays as well as the time before 08.00 on Mondays and the days following the holidays are not counted as the lay time, irrespective of whether cargo-handling operations were performed or not.

13.4. The lay time count starts from 16.00 if the master handed in the notice of readiness of the ship for cargo-handling operations before 12.00, and from 08.00 of the next working day if the master handed in the notice of readiness of the ship after 12.00.

13.5. The lay time count is interrupted in case the cargo-handling works and auxiliary operations that are included in the lay time may not be continued because of foul weather (rain, frost, heat, strong wind, etc.), strikes and other force-majeure circumstances and their consequences; by a fault of the ship administration, shipowner, cargo owner; and absence of rail cars intended for cargo that is transshipped by the “straight” scheme only.

13.6. The Port gross loading and discharging rates for a 5-hatch ship per a weather working day are those indicated in Appendix 1 to this Code.

CLAUSE 14

14.1. In order to record the lay time actually spent by the ship at the Port, the ship keeps, jointly with the Port, a time-sheet (the list recording the lay time of the ship). If the ship is first discharged at the Port and, then, loaded, the time-sheet is kept separately for discharging and for loading. The time-sheet is to be signed by the master of the ship (agent) and representatives of the Port, and makes a basis for paying dispatch and demurrage. Signing of the time-sheet by the parties should not delay the ship’s departure.

The entries made in the time-sheet may not be changed and neither of the parties has the right to deny its signing. In case of objections, the objecting party enters the appropriate objection above the party’s signature.

14.2. The time-sheet records chronologically the hours and minutes of working operations beginning from arrival of the ship at the Port until completion of all operations performed by the Port as well as all delays in handling that caused an interruption of the lay time of the ship, indicating their duration and the causes which are stated by reports, if necessary.

14.3. In case meteorological conditions prevent the Port representatives to arrive on board ship for signing the time-sheet (if the ship is handled in the roads), the latter is signed by the master of the ship after agreeing it via radio communication with the Port representative, whereof a corresponding entry is made in the ship log book. The extract from the log book and the copies of the radio exchange messages with the Port are attached to the time-sheet.

CLAUSE 15

As a rule, the Port provides services in loading (discharge), separation and storage of cargo on the basis of the contracts with the cargo owners.

On individual occasions (direct mixed service, delivery of supplies, partial discharge of the ship in order to ensure a passage draft, etc.) the Port, in collaboration with the parties concerned, develops Special terms of handling cargo and transport vehicles and makes them public in the Appendix to this Code.

CLAUSE 16

Foreign shipowners pay for the Port services in free convertible currency. Services of the Port connected with the arrangement of arrival and departure of the ship are paid by the ship.

 

CLAUSE 17

Liability of the parties (ships, port, shipowner, cargo owner) as to adherence to the terms and conditions of loading (discharge), including the rates of dispatch / demurrage, are defined by the contracts (agreements, charter-parties).

The rates of cargo-handling and auxiliary operations according to the cargo nomenclature are set up and made public by the Port in the Appendix to this Code.

CLAUSE 18

All claims as to damage to the ship incurred during cargo-handling or mooring operations are to be brought by the master of the ship in writing not later than 2 hours after the accident, however, in any case before the ship departs from the Port. Otherwise, the Port will not accept a claim from the ship and will not be liable for the damage.

CLAUSE 19

The Port accepts only those ships that are equipped with a closed and sealed sewage-disposal system or an effective biological sewage treatment system.

The Port does not accept ships for handling, anchorage and other operations if such ships are not equipped with closed sewage-disposal system.

Discharge of sewage and bilge waters and dry garbage in the sea and Port water area is prohibited.

Before sailing to sea, all ships must transfer their fecal water to the floating craft of the Port.

Within the Port water area it is prohibited to blow down exhaust pipes and pollute air with excessive smoke.

 

G.P. Skvortsov Manager State Enterprise “Illichivsk Sea Commercial Port”

Appendix 1
to the Code of Customs
of the Illichivsk Sea Commercial Port

 

GROSS RATES
OF CARGO LOADING (L) AND DISCHARGE (D)
IN AND OUT OF SHIPS

 

D – discharge; L – loading; Items 5, 6 - *, ** - the rate established for 3 processing lines; Item 17 - *** - the rate established for 2 and 1 processing lines.   G.P. Skvortsov Manager State Enterprise “Illichivsk Sea Commercial Port”   Certified true translation from Ukrainian into English. Translated by O.Z. Tyvrovska __________________ In witness hereof:   V.Ye.Illinsky Head of Translation Bureau Odessa Regional Chamber of Commerce & Industry