APPROVED APPROVED Reni District Government administration Reni Commercial port manager chairman _______________ I. N. Butsenko _________________ V. I. Vertinskiy REGULATION CODE of the Reni Merchant Port valid by the order №66 of the port manager, issued on February 4, 1998 1 1. GENERAL NOTES Regulation Code of the port is based on: 1.1 Worldwide experience of port operations; 1.2 “About Ukrainian enterprises” law of Ukraine; 1.3 Merchant Seafaring code of Ukraine; 1.4 Port service regulations; 1.5 Port-wide obligatory decrees. Regulation code is a primary document regulating: 1.6 Procedure of vessels arrival and departure; 1.7 Procedure and conditions of cargo delivery to the port and its transfer by water, railway, motorized and other types of transportation; 1.8 Procedure and conditions of cargo stocking in ports storage areas. 2. CONDITIONS AND PROCEDURE OF PORT OPERATIONS 2.1 Port is open for incoming vessels all-year-round. Day of navigation beginning and stopping is officially declared by port notification. 2.2 Drafts of incoming vessels are limited by the depth of Sulinskiy channel and water level of the Danube. 2.3 Normally, labour hours of the port are from 8.00am till 4.00pm (16.00), except Sundays and holidays Holidays are: January 1 – New Year; January 7 – Christmas; March 8 – International Women’s Day; April 19 (1998) – Easter (date changes according to the year); May 1, 2 – International Labourers Solidarity Day; May 9 – Victory Day; June 7 (1998) – Trinity (date changes according to the year); June 28 – Day of the Ukrainian Constitution; August 24 – Independence Day; November 7, 8 – anniversary of Great October Socialist Revolution; Other days declared holidays by Ukrainian government; The port is capable to operate and provide services for twenty-four hours a day on a contractual basis. 3. LIST OF SERVICES, PROVIDED TO A CUSTOMER 3.1 Vessel loading and unloading (including stowage, separation and fastening/unfastening the cargo, dry cleanup of vessel compartments). Transfer of cargo to the vessel from other types of transport and backwards. For lump pricing for loading/unloading operations see Appendix B. 3.2 Transportation and forwarding services and storage operations, storage of goods. Storage price is charged on contractual basis and in compliance with Ukrainian Ministry of Transportation order 392 issued on 31.10.1995. 3.3 Vessel bunkering with liquid fuel. 3.4 Water supply for moored and offshore vessels, processing of sewage and ballast water. 3.5 Providing tugs for mooring and manoeuvring operations. 3.6 Paper works for loaded and unloaded cargo according to customs, quarantine and sanitary regulations. 2 3.7 Arranging arrival and departure of a vessel. 3.8 Performing fumigation and degassing of a vessel. 3.9 Performing customs broker services. 3.10 Arrangement of cargo transportation by land and river transport. 3.11 Freight forwarding. 3.12 Providing settling pier for technical provisioning, maintenance and other needs. 3.13 Cargo strapping by fasteners provided by the owner of a cargo or a vessel. 3.14 Other services on a contractual basis. 3.15 Prices for port services are charged according to “Port Fees Statute”, approved by Ukrainian Cabinet of Ministry decree 442 issued on 18.04.1996 and Ministry of Transportation order 214 issued on 31.07.1996. 4. MANAGEMENT OF VESSEL HANDLING AND MAINTENANCE 4.1 Vessel anchorage time Vessel anchorage time includes entire period of time the vessel stays in the port, from the moment she arrives till the moment she leaves the port. 4.2 Vessel lay time Vessel lay time is a period of time that is estimated by gross regulations to be spent by port on vessel handling and maintenance, taking into account maximum work mix. 4.3 Gross regulation of vessel handling and maintenance (GR) determines minimal regulatory intensiveness of cargo handling and auxiliary operation, which include: 1. Arrangement of vessel arrival and departure; 2. Committee inspections; 3. Preparing vessels cargo hold for loading/unloading; 4. Auxiliary cargo-related operations; 5. Opening and shutting the cargo hold; 6. Cargo handling related manoeuvres; 7. Cargo paper works; 8. Interruptions, caused by meteorological reasons, no more then 2 hours long. For GRs see Appendix A.GR is measured in tons (units) of cargo per day by aggregative nomenclature of freight flows for Type 5 vessels. For late coming vessels GR is reduced by 50%. For unscheduled vessels GR is determined on a contractual basis. 4.4 Liner vessel Liner is the vessel, cruising on a GDMRTU registered line, coordinated with the port schedule. 4.5 Vessels coming on time Vessel is considered to come on time when she has arrived to piloting station, reception buoy or pier and has given a notice (radio notice) of her readiness for handling and services no later then the date after approved arrival day. 4.6 Late coming vessels Vessel is considered to come late when she has arrived to piloting station, reception buoy or pier and has given a notice (radio notice) of her readiness for handling and services after the date after approved arrival day. 4.7 Unscheduled vessels Vessel is considered to be unscheduled, if it has arrived without coordinating arrival time with the port 4.8 Downtime fee – charged for the vessel staying in port longer then the lay time period. 4.9 Dispatch – bonus for saving lay time. 4.10 Downtime and dispatch fees are determined by an agreement (contract) between port and ship-owner (cargo-owner). 3 5. SHIP OWNER AND PORT DUTIES AS FOR VESSEL ARRIVAL, HANDLING AND MAINTENANCE 5.1 While developing plan of operations, port determines dates and time of beginning and expected ending for handling and servicing each vessel, based upon declared arrival date and GR. Ship-owners, cargo-owners and other customers should notify the port about vessel arrival in no less then 5 days before vessel arrives. 5.2 Information about vessel arrival must be delivered by the master or his agent to the port 48, 24 and 4 hours before the actual arrival; information includes vessel name, arrival date and cargo essentials. 5.3 After arrival and finishing of unloading, in case if the vessel proceeds to loading, the master (Transflot, Inflot or any other agential company) delivers a notice (radio-notice) to a port representative about readiness of the vessel for handling and servicing of all or some of the cargo holds. If necessary, readiness of the holds for loading/unloading should be confirmed by proper inspection (committee) or surveyor, invited on demand of the vessel, agential company, cargoowner or the port. 5.4 By the time, mentioned in the notice provided, the master should ensure the readiness of the vessel mooring, all cargo holds and decks that are supposed to be unloaded/loaded according to cargo plan, loading appliances and hatches including opening them for performing operations. 5.5 Ship-owner is able to change the order of handling vessels of his own, if it doesn’t interfere with interests of other ship-owners or the port; in compliance with this, the port implements requested changes into operations plan. 5.6 Upon request by cargo-owner and in compliance with forwarding companies port may accept an unscheduled vessel, carrying cargos which may loose their quality by decision of Chamber of Commerce and Industry, GHI, Government QA Committee and other inspections, with charging ship-owner to cover all unscheduled handling expenses of the port. 6. LAY TIME CALCULATION ORDER. 6.1 Lay time period of the vessel (Ukrainian only), which is included into the operations plan of the port, begins along with new shift, that starts after the shift of vessel’s arrival. Lay time period for the foreign vessels starts at 17:00, if the notice of readiness for cargo handling was given by the master before 12:00, or at 8:00 next day, if the notice was given after 12:00. Sundays and holidays, along with the hours after 15:00 on Saturdays and before 8:00 Mondays, are not considered to be lay time, regardless of whether the vessel has been handled or not. Lay time counting stops: In case of negative meteorological conditions, which last for more then 2 hours; If cargo carriages are not delivered for cargos, which are supposed to be unloaded in a direct way ONLY; In case of power supply interruptions by a reason, which is not handled by the port; Because of vessel’s (ship-owner’s), cargo-owner’s or charterer’s fault. 6.2 Lay time is calculated by division of cargo weight (or quantity of units), which is required to be unloaded, by appropriate gross regulation with consideration of vessel type. 6.3 Ukrainian vessels type is determined according to vessel classification approved by Ukrainian Ministry of Transportation. If type is undefined, it is determined according to vessel classification figures approved by Ukrainian Ministry of Transportation. 6.4 If type of the vessel, lay time of which needs to be calculated, is below (above) the one defined in GR, then GR is reduced (increased) according to GR correction factors: 4 Generalised vessel type 5 1 0.27 2-3 0.62 Handled vessel type 4 5 0.81 1.0 6-8 1.22 When cargo is transferred from one vessel to another (board-to-board) or from sea vessel to river vessel and vice-versa, regulations for limiting vessel type should be used. 6.5 When further loading/unloading is conducted in another port, GR for a vessel, which requested handling of all cargo holds, is used with a factor 0.75. 6.6 For accounting of actual lay time, spent by a vessel in the port, the vessel (Transflot, Inflot or any other agential company), regardless of vessel affiliation and arrival purpose, keeps a timesheet. If the vessel is first unloaded in the port, and then loaded, timesheet is kept separately for unloading and loading. Timesheet is signed by the master, representatives of agential company and the port, which should arrive on board by the moment vessel handling and servicing is finished. Timesheet records can’t be changed, and none of the parties can refuse to sign it. In case of any disagreement a party, which has any objections, writes a notice of this before signing the timesheet. 6.7 The timesheet, in a chronological order, in hours and minutes reflects entire scope of productive operations from the moment of vessel’s arrival and till the departure of the vessel, and all service delays, which had caused lay time interruption, with notes of their duration and reasons, documented, if required. 6.8 After handling and servicing of the vessel is finished, downtime and lay time is calculated, including calendar dates range, lay time, downtime budget and handling results. The result (time saving or over-expenditure) of vessel handling is calculated as a difference between lay time and actual time used by the port in hours and minutes, rounded to half an hour. 6.9 During 10 days since the timesheet is signed port should send it to ship-owner or cargoowner with attached documents, confirming delays and interruptions by any reasons, and calculation of downtime and lay time for mutual accounting. 7. RELATIONS AND RESPONSIBILITIES FOR VESSEL ARRIVAL AND HANDLING RESULTS. 7.1 Downtime and dispatch fees accounting according to lay time usage is performed between the port and ship-owner or cargo-owner in compliance with the contract. 7.2 Navigation Lines (ship-owners) must provide the vessel with all necessary fastening and separation equipment. 7.3 After finishing the operations, port can provide an unoccupied pier or offshore anchorage for the vessel. The master is obliged to free the pier on port’s first demand in order to avoid delays of handling other vessels. If the pier was freed with a delay, the master (ship-owner) is charged by the port for downtime of the other vessel of a sum equal to the price of vessel anchorage while waiting for the pier to be set free. 7.4 Re-mooring the vessel in the port during cargo operations is allowed to be performed once per loading and unloading, and if re-mooring is required during loading/unloading due to pier’s specializations – one more additional re-mooring. Port is warning the vessel about upcoming transfer, re-mooring, cargo operations start/finish in two hours in advance, if these operations will be performed during day time (from 8:00 till 17:00) and till 15:00, if these operations are carried out at night (from 17:00 till 8:00 next day). Time of transferring the vessel from unloading pier to loading pier is accounted in loading timesheet. Towage fees are paid by shipowner in such cases. Expenses related to additional re-mooring, requested by the port, are paid by the port. 5 Expenses related to vessel transfer and towages, resulted from inaccurate information, are paid by the guilty party. 8. CARGO RECEPTION AND DELIVERY. 8.1 The vessel is obliged to load or unload cargo all-day-long. Cargo reception and registration is performed near the vessel with obligatory composing of mutually signed receipt. If the vessel doesn’t provide a cargo accounting person, then cargo accounting is carried out by port employees. 8.2 Quality assurance for loading, fastening and stowage is performed by vessel administration. Installation of uprights for cargo on the deck, fastening of the deck cargo is performed at the expense of the vessel and under vessel’s responsibility, regardless whether these operations were carried out by the crew or by port employees upon master’s request. 8.3 Placing the cargo on the deck is performed if approved by cargo-owner. Cargo deployment is performed according to the cargo plan, approved by the master and the port. Ship-owner is responsible for cargo separation and its quality. If these requirements are not met, cargo sorting expenses during unloading are covered by the ship-owner. 8.4 During interruption of loading/unloading any type of cargo, or in case of bad weather, when the vessel has to open or close cargo holds, using coastal or floating cranes, expenses are paid by the vessel. 8.5 Expenses for technical and labour resources downtime, which has occurred due to a reason related to the vessel (cargo equipment unavailability, lack of lighting, etc) are paid by the vessel according to valid fees, and time for these delays is excluded from lay time of the vessel. 8.6 Additional expenses, related to unloading cargo from deeptanks and other compartments, unadapted for people and equipment to operate, and unloading ill-conditioned cargos or cargos in broken package, are covered by the vessel, and the time spent is added to lay time. 8.7 The port is responsible to the ship-owner for all damage, caused to the vessel, because of port’s fault, confirmed with the document written in presence of port representative from the shift, during which the damage has taken place. In other cases the port doesn’t accept any complaints from the vessel and takes no responsibility for damage taken. 9. CARGO STOCKING WITH PRICING. 9.1 Delivery of cargo into the port is performed according to contracts, schedules and other documents approved and signed by the port. Dangerous cargos are handled in accordance with MOPOG, IMKO regulations and with approval of the port. Cargos, unconfirmed for delivery, are not accepted by the port and are sent back at the sender’s expenses. 9.2 Payment for services provided to foreign ship-owners and companies is accepted in convertible currency units according to fees and contracts. 10. ECOLOGY REQUIREMENTS. 10.1 Port accepts vessels with closed sewage system with operational biological refining of sewage water. 10.2 Discharge of sewage water into the Danube is prohibited. 10.3 Before departure all vessels should discharge sewage water into port’s floating facilities. 10.4 Inflation of discharge pipes is prohibited in the port area, and so is abnormal fume evolution. 10.5 Other activities, violating ecology inside the port area. 6 NOTE: Everything that is not mentioned in this Regulation Code should be regulated according to Merchant Seafaring Code, Obligatory Decrees and other legislative documents of Ukraine. Reni Commercial Port manager V. I. Vertinskiy 7 Appendix A. GROSS REGULATIONS of loading/unloading vessels in Reni Commercial Port for type 5 vessels Cargo flow name Operation type Measurement unit, tons/day Bulk grain cargo import Bulk grain cargo (loading from special carriage) Sintered ore, bulk iron ore concentrate at Area #3 Sintered ore, bulk iron ore concentrate at Area #1 and #2 Coal, furnace charge at Area #3 Other bulk cargos Tinned goods Refrigerator cargo in closed containers Refrigerator cargo in open containers Cargo in sacks General cargo in boxes, barrels, unpacked and others Metal in packs and profiled metal Metal in rolls and metal rods Bulked cast iron Wood cargo Scrap metal Coke Cargo in parcels and big-bags Paper and cellulose Bulked fertilizers (unloading from special carriage) U 2000 L 1000 U/L 6000 U/L 3000 U/L U/L U U U U 4000 1800 500 500 300 600 U/L 600 U/L U/L L L U/L L U L 1500 1200 1000 500 800 1500 700 500 L 800 Comments 1. In case of shallow water, navigation closure or handling vessels at offshore anchorage regulations are reduced by 30%. 2. Gross regulations can be changed by direct contract. Reni Commercial Port manager V. I. Vertinskiy 8 Appendix B. FEES for performing cargo operations in Reni port, according to Ukrainian Ministry of Transportation order 106 issued on 26.03.1997. Operation type Fee, USD/tonn Bulk grain cargo Bulk grain cargo (unloading from special carriage) Bulk salt, raw sugar, mixed fodders Bulk ore Bulk coal, furnace charge, peat Bulk coke Bulk sand Other bulk cargo Chemical industry products (bulk unloading from special carriage) Cargo in sacks, up to 30 kg Cargo in sacks Bananas, citrus fruits, etc Cargo in boxes or unpacked, up to 250 kg Heavy cargo in boxes or unpacked, 251-3000 kg Heavy cargo in boxes or unpacked, over 3000 kg Cargo in packages and bales, up to 250 kg Cargo in packages and bales, over 250 kg Paper and cardboard in rolls Barrelled and rolled cargos Cargo in parcels Cast iron in ingots Color metals Black metals Scrap metal Wood in logs Wood in boards Other wooden cargo 1.8 1.8 1.8 1.5 1.8 2.5 0.8 0.8 3.6 5.6 8.7 6.7 6.7 8.8 7.3 8.8 6.2 5.2 5.7 5.1 3.2 8.5 3.6 3.2 3.9 5.5 6.9 Fees for aforementioned and other cargos can be settled by direct contract. Reni Commercial Port manager V. I. Vertinskiy 9