Georgian ports

On Approval of the Harbour Rules in Georgia 

Order №24

Of the Director of Maritime Transport Agency of Ministry of Economy and Sustainable Development of Georgia

July 25, 2022

Batumi

According to the Articles 77 and 86 of the Law of Georgia “Maritime Code of Georgia”, the Article 8(5) of the Law of Georgia “On Management and Regulation of Transport Field”, the Articles 20 and 25(1)(b) of the Law of Georgia on “Normative Acts” and the Article 4(2)(d) of the Statute approved by the Order №1-1/585 of the Minister of Economy and Sustainable Development of Georgia “On Approval of the Charter of the Legal Entity of Public Law - Maritime Transport Agency”, dated April 14, 2011, I do hereby order:

Article 1

“Harbour Rules” shall be approved as appended.

Article 2

The Article 101 of the Rule shall be enacted no later than January 1, 2023.

Article 3

The Order №019 “On Approval of the Harbour Rules” of the Director of LEPL - Maritime Transport Agency of Ministry of Economy and Sustainable Development of Georgia, dated August 31, 2012, shall be declared invalid upon enactment of the Order hereof.

Article 4

This Order shall enter into force upon its promulgation.

Director of

LEPL Maritime Transport Agency                                                  Tamar Ioseliani

Harbour Rules

Section 1

General Part

Chapter I

General Provisions

Article 1. Scope

1.  “Harbour Rules” (hereinafter - the “Rules”) defines the terms and conditions of arrival, stay in harbour and departure of vessel, pilotage, carriage of passengers, fulfillment of cargo and other operations related to dangerous goods, loading, unloading, stacking and storage of goods, safe navigation in the internal harbour waters in the Sea Harbours of Georgia (hereinafter - the “Harbour”).

2   The Rules hereof shall apply to all harbour operators, all ships, other than those referred to in the paragraph 3 of this Article, regardless of the flag State and the form of ownership, as well as to the ship master and the natural persons and the legal entities who are present or are carrying out their activities in the harbour waters and its territory.

3.  The Rules shall not apply to naval ships and the State ships used for non-commercial purposes.

4.  Ship’s draft must comply with the technical specifications of the harbour operator, to which the ship arrives.

5.  The shipowner / the ship master / the pilot shall be obliged to immediately report any maritime incident related to the ship while sailing in the harbour waters, being on an external roadstead or during loading and unloading operations to the harbour master, which in turn shall immediately notify the Agency and the Civil Aviation and Maritime Transport Accident / Incident Investigation Bureau (TAIIB).

6.  The provisions of the Section I (General Part) and the Section II (Customs of the Harbour) of the Rules hereof are common to all harbour operators, however the Section III (Special Part) defines the specific harbour operator characteristics and applies only to it.

Article 2. Terms and Interpretation

1. The terms and concepts used in the Rules hereof shall have the following meanings:

a)     Ship – any type of floating facilities, including zero draft ships and seaplanes, that are used or may be used as the means of travel on water;

b)     Fishing vessel – any vessel used for fishing and other types of offshore harvesting operations. Fishing gear is an integral part of fishing vessel;

c)     Fish processing vessel – a floating facility which processes fish or/and seafood and outputs different products;

d)     Fish feedstock and processing products carriage vessel – a floating facility which receives fish feedstock or other products from fishing vessels or/and fish processing vessels in the sea or/and in the harbour operator and transports it from fishing areas to harbours or from one State’s fishing area to another State’s harbour;

e)     Large ship – for the purposes of this Rule, a vessel with gross tonnage of 15,000 (fifteen thousand) tons and more;

f)      Small ship – for the purposes of this Rule, a vessel with a gross tonnage of less than 15,000 (fifteen thousand) tons;

g)     Small-sized ship – for the purposes of this Rule, a vessel with a length of 7 (seven) meters and less;

h)     Auxiliary fleet of the harbour – a floating facility used for safe operation of the harbour operator;

i)      Ship administration – ship master, chief engineer, chief mate, second engineer;

j)      Drift – movement of a freely floating vessel (not moving relative to the water surface and not resting on a mooring) in an undetermined direction as a result of the influence of wind or water currents;

k)     Nautical cable – a unit of length used in the maritime navigation (approximately 185.2 meters);

l)      Nautical mile – a unit of length used in maritime navigation (one mile is equal to 10 (ten) nautical cables, approximately 1852 meters);

m)    Knot – a unit of speed of the vessel determined by nautical miles per hour;

n)     Oil – for the purposes of this Rule, petroleum products, which may be crude oil, petroleum products derived from it (including liquid gas), wastes and water and oil impurities;

o)     Dangerous goods – cargo (substance, material, article), that can endanger human life and health, harm the environment and natural resources, damage or destroy material assets during carriage with its special qualities and characteristics;

p)     Flammable cargo – cargo that can easily cause ignition under certain conditions;

q)     Agency – Legal Entity of Public Law - Maritime Transport Agency of Ministry of Economy and Sustainable Development of Georgia;

r)     Harbour – a set of the harbour infrastructure located in a defined geographical location and which may include one or more Sea Harbours;

s)     Harbour operator – an independent legal entity, legally incorporated under the applicable legislation of Georgia, located in the territory of the Harbour of Georgia, having hydrotechnical structures, infrastructure intended for cargo handling operations and a relevant territory, and for which the marine waters with the appropriate status has been allocated. The common marine waters or part of the waters may be allocated for two or more harbour operators. The term “harbour operator” does not include the naval harbour infrastructure;

t)      Harbour operator administration – the management of the harbour operator;

u)     Terminal – a separate area in the territory of the harbour operator, where the cargo/passenger handling operations are carried out;

v)     Harbour master – the head of the structural unit of the Agency - Port State Supervision and Control Service, carrying out State supervision and control of safe navigation in the harbour waters within the scope of his/her authority;

w)    Duty officer – an employee of the structural unit of the Agency - Port State Supervision and Control Service, carrying out State supervision and control of safe navigation in the territory of the harbour operator and its adjacent waters within the scope of his/her authority;

x)     Port State Control Inspector – an employee of the structural unit of the Agency - Port State Supervision and Control Service, carrying out inspection of the ships entering into the territory of the harbour operator and their compliance with the requirements of the international conventions, as well as fulfills other duties imposed on him/her by the applicable legislation;

y)     Maritime Rescue and Coordination Center – a structural unit of the Agency responsible for liquidation of marine pollution by oil and harmful substances spilled as a result of an accident in the search and rescue area, as well as for organization and coordination of search and rescue operations;

z)     VTS operator – an employee of the structural unit of the Agency – Search & Rescue and Vessel Traffic Monitoring Department, Vessel Traffic Monitoring and Information System Center, who provides services to the vessels in the territorial sea of ​​Georgia and harbour waters in accordance with the Rules of Operation of the Vessel Traffic Monitoring and Information Systems;

z1)    Coast guard – Border Police Coast Guard Department– the State Subordinate Agency of the Ministry of Internal Affairs;

z2)    Inspector – a natural person holding the proper license/certificate, who carries out inspection of the ship cargo specified by this license/certificate;

z3)    Surveyor – a natural person holding the surveyor license/certificate, who carries out the surveyor service specified by this license/certificate;

z4)    ‘Good Maritime Practice’ – traditions, customs and actions, developed during the navigation history period;

z5)    Free practice – the right of the ship arrived from abroad to fulfill cargo, passenger and other operations, which it obtains through completion of border, custom border crossing, sanitary-quarantine, veterinary and phytosanitary border-quarantine procedures;

z5)    Sloop – a rescue floating facility of collective use, that is the integral part of the ship (equipment);

z6)    Roadstead – maritime area within the harbour waters or outside for anchoring the ship;

z7)    Fairway – water corridor for safe navigation;

z8)    Flagstaff – flag handle on the stern;

z9)    Guy – trailer rope;

z10)   Main mast – principal mast;

z11)   Beaufort scale – an international 12 (twelve)-point system used to measure wind force (Appendix №1);

z12)   Douglas scale – an international 9 (nine)-point system that determines wave height and swell height (Appendix №2);

z13)   Limited visibility – less than 5 nautical miles and more than 2 nautical miles;

z14)   Poor visibility – 0.5 -2 nautical miles.

2.  Abbreviations used in the Rules hereof shall have the following meanings:

a)     IMO – International Maritime Organization;

b)     UTC – Coordinated Universal Time, calculated from the Greenwich Mean Time;

c)     IMDG CODE – International Maritime Dangerous Goods Code;

d)     ISGOTT - International Safety Guide for Oil Tankers & Terminals;

e)     ICS/INTERCO – International Code of Signals;

f)      SOLAS 74 – International Convention for the Safety of Life at Sea, 1974;

g)     COLREG-72 – Convention on the International Regulations for Preventing Collisions at Sea, 1972;

h)     ISPS CODE – International Ship and Port Facility Security Code;

i)      Black Sea MOU – The Black Sea Memorandum of Understanding on Port State Control;

j)      CBL – Nautical cable;

k)     VTS – Vessel traffic service;

l)      SPM (Single Point Mooring) - A floating facility/system located on the seabed and moving in/on the water surface, used for fulfillment of cargo handling operations of oil and petroleum products towed from 1 point on the vessel (from the vessel’s stern);

m)    CBM (Conventional Buoy Mooring system) – a ship-to-ship system consisting of several buoys attached to the seabed and moving in/on the water surface, used to tow cargo from several or all sides of the vessel for cargo handling operations;

n)     VHF radio station (Very High Frequency) - an ultra-short-wave (metric range) radio station, the operating range of which varies approximately within 20-30 nautical miles, in the direct radio line of sight, and the wave propagation distance depends on height of the antennas of the transmitting and receiving radio stations above the sea surface.

3.  Other terms and concepts used in the Rule hereof shall have the meanings defined by Maritime Code of Georgia and the international treaties of Georgia.

Article 3. State Control and Supervision of the Harbour

1.  According to the IMO Resolution A.787(19) (as amended by the Resolution A.882 (21)), Directive 2009/16/EC of the European Parliament and of the Council of 23 April 2009 on Port State Control and the Chapter V1 of the Maritime Code of Georgia, state control and supervision of the Harbour is carried out by the Port State Control and Supervision Service.

2.  Fulfillment of the requirements established by the Port State Supervision and Control Service, the harbour operator administration and the control bodies of the legal regime protection of the Georgian maritime space within the scope of their competence to ensure the safety of navigation and adherence to the harbour operator orders shall be mandatory for all natural persons / legal entities and the ships in the harbour.

Article 4. Rights and Obligations of the Port State Supervision and Control Service

1.  The Port State Supervision and Control Service carries out registration of the harbour entries / departures of the ships.

2.  If a fishing vessel or other type of floating facility leaves the harbour waters, not included in any harbour operator, in such a case its inspection/registration shall be carried out by the State Supervision and Control Service of the nearest harbour.

3.  During harbour entry or departure, the ship submits the documents specified in the Appendix №3 of the Rules hereof to the Port State Supervision and Control Service for the purpose of inspection.

4.  The Port State Supervision and Control Service defines the vessel anchorage site (point). The VTS operator delivers the information to the ship master.

5.  Only the harbour master, as well as other authorized state bodies in the case and the manner as provided for by the applicable legislation of Georgia, has the right to detain a ship or cargo in the harbour. Detention of a ship or cargo is recorded in the corresponding register. Detention of a ship for the purpose of securing a civil claim shall be executed by the order of the harbour master on detention of the ship/cargo (the standard form of the order is provided for in the Appendix №4 to these Rules.)

6.  The traffic of the ships on the roadstead and in the harbour waters is regulated by the Port State Supervision and Control Service according to the Rules hereof and the applicable legislation of Georgia, with participation of the Maritime Search & Rescue and Vessel Traffic Monitoring Department of the Agency.

7.  The Port State Supervision and Control Service has the power to close or open the harbour in terms of navigation in the cases as provided by the legislation.

8.  For the purpose of fulfillment of the official obligations, the authorized officials of the Agency are entitled to enter and to stay in the territory of the harbour during 24 hours and to board the ship despite of the flag State. The list of the authorized officials is determined by the Director of the Agency on the basis of the Ordinance №386 “On Approval of the State Border Regime and Protection Rule” of the Government of Georgia, dated December 30, 2013.

9.  The Port State Supervision and Control Service reports about the emergency cases in the harbour territory, on ships and in the harbour waters to the specially authorized body for solving the problems related with the appropriate emergency situations (Appendix №5).

10. The Port State Supervision and Control Service checks the ship documents and crew certificates.

11. The harbour master shall carry out:

a)  state supervision and control of safe navigation and adherence to the international conventions, the applicable legislation of Georgia and the Rules hereof by the ships sailing in the harbour and adjacent harbour waters, including those staying in the harbour, as well as fishing, research and special-purpose vessels regardless of flag possession;

b)  registration of the ship documents, including the fishing vessel entering-departing from the harbour and giving the right (Harbour Master Clearance) on departure from the harbour;

c)  communication with the Maritime Rescue and Coordination Centre and designates the coordinator operating on-site, if the rescue and investigation operation of the ship, human and aircraft at sea or elimination of marine pollution by oil spill and hazardous substances after the crash are carried out in the harbour or within the 12 (twelve) nautical miles radius from the harbour;

d)  control of readiness of the ship to depart from the harbour and control of compliance of the ship’s stability data with the shop documents and the standards established by the LL Convention;

e)  control of safe stay of floating facilities in the harbour and its surrounding waters and issuing permission for their movement.

12.    In accordance with the procedure prescribed by the applicable legislation of Georgia, the Agency establishes the rules of navigation within the harbour and its adjacent harbour waters, the approach to the harbour, the entrance and the exit.

13.    The harbour master issues the consent to the boarding of a pilot on a ship, as well as on pilotage and its entry into the harbour.

14.    The orders issued by the harbour master within the scope of his/her competence to ensure maritime safety and maintain order in the harbour operator shall be mandatory for all natural persons and legal entities, as well as ships berthed in the territory of the harbour operator

15. The harbour master shall have the power:

a)  not to grant the ship a right of departure from the harbour if:

a.a)  the ship does not meet the seaworthiness criteria;

a.b)  loading, supply or manning requirements are breached, or there are other defects associated with the ship that pose a threat to the safe navigation of the ship, human health or the environment;

a.c)  ship documents are completed incorrectly;

a.d)  defined fee or fine is not paid;

b)  to detain a ship or cargo:

b.a)  there is a claim of a natural person or legal entity arising out of general accident, salvage, agreement related to the carriage of goods, damage caused by collision of ships, failure to pay fees or from other damage;

b.b)  at the demand of the harbour operator administration, if the harbour structures, other constructions in the harbour, other property and navigation equipment at the harbour are out of service;

b.c)  a shipowner or a cargo owner fails to provide appropriate security;

c)  Liability for unjustified detention of the ship or cargo is imposed to the person whose claim caused detention of the ship or cargo;

d)  An order issued by the harbour master concerning the detention of a ship or cargo shall be effective for three days and nights. This period does not include Saturdays, Sundays and public holidays established by the applicable legislation of Georgia. A ship or cargo shall be immediately released if a court does not make a decision regarding the detention of the ship or cargo within this period.

16.    Liability for unjustified detention of the ship or/and cargo lies with the person at whose request the ship or/and cargo is detained.

17. An order issued by the harbour master concerning the detention of a ship or cargo shall be effective for three days and nights. This period does not include Saturdays, Sundays and public holidays established by the applicable legislation of Georgia. A ship or cargo shall be immediately released if a court does not make a decision regarding the detention of the ship or cargo within this period.

18. The officer on duty of the Port State Supervision and Control Service shall:

a)  perform 24-(twenty-four) hour duty; during a daily shift and on duty time provide supervision and control of ships’ traffic at harbour, requirements of safe stay and cargo handling operations in full compliance with the Rules hereof and the international regulations; provide supervision on fulfillment of these Rules by the ship standing on roadstead and safety of their anchorage;

b)  give timely information about the forecasted bad weather to the ships berthed in the territory of the harbour operator and on the roadstead through VTS operator;

c)  check the documents of entering and departing ships submitted by the ship agent.

19. The Port State control inspector shall:

a)  be engaged in fulfillment of the Port State control and inspection of the ships entering the harbour for the purpose of their conformity with the international maritime conventions;

b)  make the relevant ship inspection report approved by the Black Sea Memorandum of Understanding, agree it with harbour master and send to the Maritime Safety Department of the Agency;

c)  in case if according the act made by the Port State control inspector, incompliance of the ship equipment, documents, crew members or other serious issues with the requirements of the international conventions are reported and such violations may result in loss of the ship or/and people or pollution of the sea/environment upon the ship’s departure, the harbour master has the right to suspend the departure of such a ship from the harbour until the relevant note(s) are fully complied with and the deficiencies are eliminated;

d)  record the inspection process of the ships entering the harbour by means of photo/video recording. Photo and video recording are used as visual evidence to objectively describe the situation on board of the ship, as well as the evidence to determine the compliance or incompliance of the ships with Georgian and international legislation. During implementation of these procedures, a photo/video camera with automatic date and time mode should be used. The start time of the video recording is determined from the moment the inspector climbs onto the ship’s ladder. When inspecting a tanker-type ship, an intrinsically safe video camera should be used;

e)  notify the ship master about the progress of the video-audio recording via the body video camera.

20. The Port State control inspector shall have the following equipment and materials during inspection of the ships entering the harbour:

a)  intrinsically safe means of communication;

b)  computer equipment (laptop/portable computer, tablet, etc.);

c)  intrinsically safe body video camera;

d)  qualitatively safe photo-camera;

e)  personal protective equipment, including: multi-gas detector, vest, safety helmet, safety shoes, safety glasses, ear protection, gloves.

21. Prior to making the decision defined in the paragraph 15(b) of this Article, the harbour master has to notify the Maritime Safety Department of the Agency thereon.

Article 5. Obligations of the Harbour

 Master

1. Upon introduction of a free practice, a ship master shall be obliged to submit the documents prescribed by the Appendix №3 of the Rules hereof to the ship agent, except for the specific cases defined under the Articles 10(6) and (7).

2.  While the ship being in the harbour, the ship master shall be liable for safe stay of the ship, safety of crew and cargo.

3.  While the ship being in the harbour, the ship master shall be liable for prevention of marine and atmospheric/air pollution from his/her ship in accordance with the MARPOL Convention.

4.  While the ship being in the harbour, the ship master shall be obliged to bring the person involved in the offence defined under the criminal law to the local authority.

5.  The ship master/owner shall be responsible for readiness of the ship to set out on a voyage.

Article 6. Rights and Obligations of the Harbour Operator Administration

1.  The harbour operator administration shall provide readiness of the territory of the harbour operator and the harbour waters for safe navigation.

2.  The Agency provides the ships’ traffic services in the territorial sea of ​​Georgia and in all harbours through its structural unit in accordance with the International Convention for the Safety of Life at Sea (SOLAS), 1974, together with its Protocol of 1988, as amended, the Chapter V of the Law of Georgia “Maritime Code of Georgia”. It is prohibited for the harbour operator administration to offer, in substance or directly, the same services to the ships that may result in an increased risk to maritime safety.

3.  The harbour operator administration shall allocate a certain area within the harbour territory, berth or waters to natural persons and legal entities for their activities, as well as provide equipment and installations as prescribed by the applicable legislation of Georgia.

4.  The harbour operator administration shall, free of charge, provide appropriate areas to and create normal working conditions for the relevant agencies of tax, border-migration and sanitary service authorities as well as for the relevant departments of the Agency.

5.  A harbour operator administration may not interfere with the activities of an enterprise and an organization within the territory of the harbour operator, or become involved in their economic activities, except as provided for by the applicable legislation of Georgia.

6.  An enterprise and an organization located within the territory of the harbour operator shall be obliged to observe the rules of the harbour.

7.  The harbour operator operates in accordance with these Rules, approved by the Agency. The harbour operator administration is entitled to participate in development of these Rules regarding the issues that affect its activities.

Article 7. General Requirements to the Harbour Operator

1.  Operation of the harbour oil/gas terminals is carried out according the Oil/Gas Terminals Rules of Operation developed by the above-mentioned oil/gas terminals and agreed with Legal Entity of Public Law - Maritime Transport Agency (hereinafter – the Agency) of Ministry of Economy and Sustainable Development of Georgia.

2.  The harbour operator administration shall notify the Port State Supervision and Control Service, the ship agent, or in other cases defined by the Rules hereof directly the ship master about the place and date of the ship berthing, loading – uploading and other activities at least 2 hours before the ship enters the harbour.

3.  The harbour operator administration shall submit any documentation that replaces the technical data of the berth, including any changes/modifications, information on technical equipment, including re-equipment to the Agency.

Article 8. Ship Agent

1.  The ship agent shall provide the ship with updated maps of the Georgian coastline and all necessary information (the contact details of the Port State Supervision and Control Service and the Maritime Rescue and Coordination Center, depths of berths and entrance channels of the harbour operator  technical specifications of the berth, requirements and restrictions prescribed by these Rules hereof and the circulars of the Agency), that apply to the territorial waters of Georgia and a specific harbour operator.

2.  The ship agent shall provide registration of the ship entering and departing the harbour in the Port State Supervision and Control Service.

3.  The ship agent shall be obliged to possess appropriate knowledge of the requirements and procedures specified in the applicable legislation of Georgia, international treaties and these Rules.

Chapter II

Rule for Entry and Departure of Ship into/from Harbour

Article 9. General Rule for Entry or Departure of ship into/from Harbour

1.  During entry or departure of the ship into/from the harbour, fishing, sports, pleasure and other floating facilities must be placed away from the ship’s sailing direction, must not block the ship movement and must give it a possibility of free maneuvering.

2.  Between the ships entering into the harbour and the ships departing from the harbour, preference shall be given to the ships departing from the harbour, about which both ships must be additionally and timely informed by the VTS operator.

3.  Entry/departure of the ships into/from the harbours shall be registered in the Port State Supervision and Control Service according to the procedure approved by the Agency. In case of the ship’s departure, the ship shall be given a written confirmation – “Harbour Master Clearance”.

4.  The statement about the entry of the ship into the harbour, as well as the decision of the Port State Supervision and Control Service concerning the entry or departure of the ships into/from the harbour shall be transmitted by ultra-short-wave radio station or/and other available means.

Article 10. Entry of Ship into the Harbour

1.  The rules and terms of provision of the information of the entry of the ship in the harbour, as well as introduction of free practice are governed by the Rules hereof.

2.  While approaching the harbour, mooring or unmooring, navigating in the water area and departing from the harbour, the ship master and the crew must be guided by the “International Regulations for Preventing Collisions at Sea” (COLREG-72), officially published nautical charts, paper and electronic maps, ALRS publications, these Rules, recommendations of the navigation manuals, Good Maritime Practice and the applicable legislation of Georgia.

3.  A ship entering the harbour must have the maps of the Georgian coastline, as well as the contact details of the Agency, the Port State Supervision and Control Service of the Agency and the Maritime Rescue and Coordination Center (hereinafter - the Coordination Center), as well as the Coast Guard Department.

4.  Before entering the Georgian search and rescue area, the masters of all ships shall be obliged to notify the Maritime Rescue and Coordination Center in advance, in accordance with the Regulation 8-1(z7) of the International Convention for the Safety of Life at Sea (SOLAS) 1974, the Article V(1) of the Protocol I of the International Convention for the Prevention of Pollution of the Sea by Oil (MARPOL 73/78) and the IMO Circular SN/CIRC230 20.03.2003 (GEOREP).

5.  The ship master shall be obliged to immediately report any maritime incident related to the ship during an external roadstead or loading/unloading operations in the harbour to the harbour operator administration, the harbour master and the Maritime Rescue and Coordination Center.

6.  Boats, ships, yachts, sports, fishing vessels, as well as harbour floating facilities have the right to register their entry or/and departure into/from the harbour directly with the Port State Supervision and Control Service without an agent.

7.  If the master and crew are present on the ship towed into the harbour, it provides the harbour entry formalities independently. In all other cases, the entry of the towing convoy into the harbour is registered by the towing ship master.

8.  The maximum permissible draft of a ship entering the harbour and the water capacity under the keel clearance (UKC) must comply with these Rules, the annual or periodic values ​​officially announced by the harbour master, based on the topo-bathymetric map data submitted by the harbour operator administration or LEPL State Hydrographic Service.

9.  Ships, regardless of their date of entry into the harbour and the order of maneuvering, shall enter into or depart from the harbour with the following priority:

a)   ships passing due to an alarm or to provide assistance, ships in distress;

b)   naval and coast guard ships;

c)   ships used for humanitarian purposes;

d)   cruise ships;

e)   liner cargo-passenger ships;

f)    liner cargo ships;

g)   other ships, in the order of application.

10.    When entering the territorial waters of Georgia during daylight hours, all ships are obliged to hoist the State flag of the country of registration of the ship, the State flag of Georgia and the corresponding quarantine signal sign. The quarantine signal sign must comply with the requirements of the ICS.

11.    The request for the right of entry of a ship into the harbour is carried out by means of visual communication by the ship by hoisting (transmitting) its “call”.

12.    A notification about prohibition of entry of a ship into the harbour due to failure to prepare a berth for it, failure to deliver cargo or other reasons must be transmitted in a timely manner by radio telephone with a VHF radio station.

13.    A ship, whose entry into the harbour is delayed due to certain circumstances, shall be obliged to stop immediately, move out of the fairway, if possible, or anchor at a designated place. In this case, the ship agent, after agreement with the State Supervision and Control Service of the harbour or/and the VTS operator, shall notify the ship of the estimated time of entry into the harbour.

14.    The order of entry of the ships into the harbour operator shall be determined by the harbour operator administration in agreement with the State Supervision and Control Service of the harbour, taking into account the ship’s arrival at the roadstead, the order prescribed by the paragraph 9 of this Article, the readiness of the berth for loading, hydrometeorological and other conditions.

15.    Upon receipt of the preliminary information about the estimated date and time of entry of ships into the territory of the harbour operator, the harbour operator administration shall immediately notify the head of the Port State Supervision and Control Service - the harbour master of the updated information on the schedule of entry of the ships into the harbour operator.

16.    Entry of a ship into the harbour is carried out at any time of the day or night, except for hydrometeorological and other conditions unfavorable for navigation, when entry/departure of the ship into/from the harbour may be prohibited, about which the appropriate notification shall be transmitted in advance by ultra-short-wave radio or other means of communication.

17.    Before entering the harbour, the ship master shall be obliged to balance the position of the ship hull towards the plane of the water surface in such a way that the ship’s diving screw (propeller) is completely covered by water and the ship’s trim (the difference between the bow and stern in the horizontal plane) does not exceed 2.0 (two) percent of the maximum length of the ship.

Article 11. Departure of Ship from the Harbour

1.  Departure of a ship from the harbour is registered at any time of the day or night. The ship agent must notify the Port State Supervision and Control Service of the ship’s departure from the harbour in advance, no later than 6 (six) hours before departure from the harbour, and if the ship’s stay in the harbour is less than 6 (six) hours - no later than 4 (four) hours before departure.

2.  Registration of departure of the ship from the harbour is not required if the ship departs from the harbour on the instructions of the Port State Supervision and Control Service, which is caused by unfavorable hydrometeorological conditions for navigation, the need to rescue the human lives or/and the ship in distress, or the need to eliminate marine pollution. In this case, the ship master shall be obliged to inform the Port State Supervision and Control Service about the time of departure from the harbour, which, in turn, provides this information to the MIA Patrol Police of Georgia and the relevant subdepartments of the Coast Guard.

3.  Arbitrary departure of the ship from the harbour is prohibited. Responsibility of the ship master for violation of this requirement is prescribed by the applicable legislation of Georgia.

4.  The ship master /shipowner shall be liable for readiness of the ship to depart from the harbour.

5.  A ship, regardless of the flag State and form of ownership, must obtain the relevant written consent of the Port State Supervision and Control Service in advance (except for the case provided for in the paragraph 2 of this Article) to depart from the harbour, which is valid for 24 hours from the moment of its issue.

6.  If the master and crew are on board the towing ship, then the master himself/herself shall register the departure from the harbour, and in all other cases, the master of the towing ship shall be responsible for registration of departure of the towing convoy from the harbour.

7.  If the ship is delayed in the harbour for a period exceeding the validity period of the written consent specified in the paragraph 5 of this Article, the ship master shall be obliged to notify the Port State Supervision and Control Service and the harbour operator administration this fact and to re-obtain the written consent from the Port State Supervision and Control Service for the departure of the ship from the harbour.

8.  A ship departing from the harbour abroad, after registering its departure from the harbour at the Port State Supervision and Control Service, shall undergo border control in accordance with the procedure prescribed by the applicable legislation of Georgia.

9.  A ship may depart from the harbour at any time of the day or night, except for the hydrometeorological and other conditions unfavorable for navigation, when entry/departure of the ship into/from harbour may be prohibited, about which a corresponding notification must be transmitted in advance via radio communication VHF radio station or other means of communication.

Article 12. Control of Ship Departing from the Harbour

1.  To confirm the readiness of the ship for departure from the harbour, the ship master shall be obliged to confirm to the Port State Supervision and Control Service that the ship and its crew are ready in every way to safely depart from the harbour, before sending a pilot on board.

2.  The maximum departure draft of the ship before departing from the harbour shall not exceed the following values:

a)  the draft indicating the midship shall not exceed the corresponding indication line of the ship’s load (Plimsoll) line (taking into account the density of water) provided that the ship does not experience bending at the keel and stern;

b)  the maximum departure draft of the ship from the harbour shall not exceed the maximum permitted harbour and specific berth draft;

c)  the maximum draft of the ship shall not exceed the value permitted by the ship’s current valid load line certificate.

3.  Before departing from the harbour, the masters of all ships shall be obliged to notify the Maritime Rescue and Coordination Center in advance, in accordance with the Regulation 8-1(z7) of the International Convention for the Safety of Life at Sea (SOLAS) 1974, Article V(1) of the Protocol I to the International Convention for the Prevention of Pollution of the Sea by Oil (MARPOL 73/78) and IMO Circular SN/CIRC230 20.03.2003 (GEOREP).

4.  The ship master/shipowner shall be responsible for readiness of the ship for departure on a voyage.

Article 13. Base for Prohibition of Departure of Ship from the Harbour

1.  If, after registration of departure of the ship from the harbour, the manning or the technical condition of the ship have undergone changes, then the ship master shall be obliged to notify the Port State Supervision and Control Service of such changes before the ship departs from the harbour, which is authorized to leave the written consent issued by it in force or to issue a new written consent.

2.  If, during inspection of a ship ready for departure, the Port State Supervision and Control Service reveals a discrepancy between the actual data of the ship and the data provided in the crew, ship documents and the application for the right to depart, or if deficiencies preventing the ship from departure are discovered, the inspector, with the participation of the ship master, shall draw up an appropriate act indicating the reason(s) preventing the ship from departure from the harbour, and the ship shall be detained in the harbour until the above-mentioned reason(s) is/are eliminated.

3.  A copy of the act referred to in the paragraph 2 of this Article shall be sent to the competent authority of the flag State, the shipowner, as well as the Classification Society under whose supervision the ship is.

4.  In case of departure of the ship from the harbour without the written consent of the Port State Supervision and Control Service, the Port State Supervision and Control Service shall take appropriate measures to return the ship to the harbour. In case the ship master, despite of the warning, does not obey the order of the Port State Supervision and Control Service regarding the return of the ship to the harbour, the latter shall immediately notify the shipowner and the harbour of estimated entry of the said ship, as well as the Maritime Safety Department of the Agency and the Coast Guard.

Article 14. Application for a Maritime Pilot and Tugboat Call

1.  The Sea harbour operator administration ensures allocation of a tug and organization of mooring of the ship, if necessary, notifies the Agency companies about the entry of the ship into the harbour or its departure from the harbour. If the ship is at the berths of the oil/gas terminal, then a duly responsible representative of the above-mentioned terminal must be present there, who must have radio communication with the marine pilot and the ship via a VHF radio station.

2.  An application for the call of a tug and a marine pilot must be made by the ship master directly or through the ship agent 2 (two) hours in advance.

Chapter III

Pilotage

Article 15. Call of the Marine Pilot Service

1.  A ship calling for a maritime pilot service (hereinafter - the Pilot) shall display the appropriate flag (“G” – “I need a pilot”).

2.  If the ship is not ready to carry out the relevant operation within 30 minutes after the pilot boards the ship, the pilot shall leave the ship, makes an appropriate entry in the pilot card and notify the Port State Supervision and Control Service about this.

3.  In the case specified in the paragraph 2 of this Article, the pilot shall be called again after making the ship ready to carry out the relevant operation.

Article 16. Pilotage

1.  Pilotage of a ship is carried out at the harbour entrances and in the harbour waters, in order to ensure navigation safety, prevent maritime incidents and protect the environment.

2.  Navigation without pilotage is permitted only for:

a) a military-naval ship;

b)    a ship with a total tonnage of less than 500 tons;

c) a passenger boat operating on regular routes;

d)    a ship carrying out dredging works;

e)    a ship of the harbour auxiliary fleet.

3.  Embarking and disembarking of a marine pilot on ships entering the harbour is carried out in a specially designated place (Pilot Station).

4.  Pilotage (boarding) at the roadstead shall be carried out taking into account the actual weather conditions and existing conditions (wind, waves and visibility), which are safe for the pilot boarding the ship/maneuvering the ship.

5.  When boarding the pilot, the ship shall ensure a safe speed and an appropriate course based on the wind/wave direction. The course and speed required for the pilot embarking/disembarking operation may be agreed in advance between the ship master and the pilot.

6.  When boarding the ship, the pilot shall be obliged to present the pilot certificate and the pilot card to the ship master. The pilot card shall include the data specified in the Part 2 of the Article 101 of the Maritime Code of Georgia, as well as the data on the situation during the pilotage of the ship.

7.  During the stay of a marine pilot on board the ship, the appropriate signal flag - “H” (“I have a pilot on board”) shall be displayed.

8.  In case if due to adverse hydrometeorological conditions, it is impossible to take a pilot on board the ship at the point of embarkation of the pilot, then the pilot may be taken on board the ship at another more protected and safe point, provided that the ship can safely reach the specified point without a pilot and the new point of taking the pilot on board is agreed with the harbour master’s office.

9.  The ship master is authorized to instruct the pilot to issue the instructions related to navigation or ship maneuvering directly to the ship helmsman. The aforementioned assignment of authority does not relieve the ship master from responsibility for the consequences that may result from assignment of authority related to ship management to another person.

10.    During pilotage of the ship, a marine pilot may leave the master’s bridge only with the consent of the ship master, which must replace the pilot or stop the movement of the ship.

11. If the ship master, after taking a pilot on board the ship, acts contrary to the pilot’s recommendations, the pilot shall have the right to refuse further pilotage of the ship, in the presence of a third person. In this case, a note thereon must be made in the pilot card and the ship logbook and the Port State Supervision and Control Service must be immediately notified.

12.    If, in accordance with the paragraph 11 of the Article hereof, the pilot refuses pilotage of the ship, he/she must remain on the ship and provide the ship master with the data necessary for safe navigation. In case if the ship master requests the renewal of pilotage, the pilot must proceed such pilotage.

13. If the ship master doubts the validity of the pilot’s recommendations, he/she shall have the right to refuse the pilotage services in the presence of a third party and to make a note thereon in the pilot card and the ship logbook, request the replacement of the marine pilot with another one and must immediately notify the Port State Supervision and Control Service. In addition, in the areas where pilotage is mandatory, the ship master must stop the ship’s movement until another pilot arrives on board.

14.    The pilot is not entitled to leave the ship without the consent of the ship master until the ship is anchored, whether in a safe place or in a navigation area where pilotage is not mandatory, or until another pilot replaces him/her.

15.    The ship departing from the harbour takes the marine pilot on board at the harbour on the point of its stay. The ship master is obliged to provide the pilot boarding the ship with all necessary information about the ship.

16.    The harbour operator administration shall not be liable for delay in berthing the ship if:

a)   the ship master fails to notify the harbour operator administration of the arrival at the external roadstead in a timely manner;

b)   the fairway is occupied;

c)   it is impossible to send a pilot to the ship due to storm or other adverse hydrometeorological conditions.

Chapter IV

General Terms of Towing Service

Article 17. General Rules for Ship Towing

1.  Towing is prohibited if the engine power and maneuverability of the tugboat cannot ensure safe handling of the towing convoy taking into account the wind and flow.

2.  Towing is prohibited if the wind speed exceeds 17 (seventeen) m/sec (7 (seven) points on the Beaufort scale).

3.  Towing by a ship loaded with flammable liquid oil, as well as towing several ships loaded with liquid oil by one tugboat, is prohibited.

4.  During towing, all external openings from the holds to the deck on the towing ship (harbor holes, hatches, doors, etc.) must be closed.

5.  The person who, together with the towing ship master, directs the towing shall be responsible for presence of navigation lights on the tugboat.

6.  Towing a self-propelled ship, if a floating facility is tied to the board, is prohibited.

7.  In order to prevent the towing ship from capsizing, the possibility of immediate release (removal) of the towing guy shall be ensured during towing.

8.  The towing gay shall not be removed until the towing ship master gives the appropriate instruction.

9.  During towing operations in the external roadstead, all ships shall be guided by the rules for use of signals between the tugboats and the towing ships.

10.    The power used by the tug shall not exceed the safe working power of the vessel’s bowsprit (dolphin).

11.    In case of deterioration of the weather or in other cases when it is necessary to immediately engage the towing ship in the towing operation, the decision on commencement of the towing operation shall be made by the harbor master.

Article 18. Management of Towing Operation

1.  Safety of towing shall be ensured by the person in charge of the tugboat.

2.  If the towing is managed from a tugboat, and several tugboats participate in towing, the obligation of management of the towing convoy shall be imposed to the leading tugboat master.

3.  The ship master managing the towing operation shall, before commencement of towing, agree on the conditions for implementation of the towing operation with the masters of the ships participating in towing.

4.  If towing requires the provision of a pilot, the pilot who will provide the pilotage shall participate in discussion of the towing operation. Any disputed issue(s) related to this shall be resolved by the harbour operator administration in agreement with the Port State Supervision and Control Service.

Article 19. Vessel Towing and Formation of Towing Convoy

1.  Only one large ship shall be allowed to be towed in the harbour waters.

2.  Simultaneous towing of several non-self-propelled vessels (barges, lighters, etc.) is permitted if the length and width of the convoy do not exceed the dimensions defined by the harbour operator administration in agreement with the Port State Supervision and Control Service.

3.  Before commencement of towing, the towing ship master shall ensure that the towing ship is ready for towing.

4.  A tugboat awaiting the start of towing shall not come alongside another floating facility (facilities) bound to the board of the anchored ship.

Chapter V

Navigation of Ships in Harbor Waters

Article 20. Ship Traffic Conditions

1.  It is prohibited for several ships to enter into or departure from the harbour operator administration at the same time.

2.  For the purpose of prevention of damage to hydraulic structures and the ships moored at berths, the ship traffic in the harbour waters is permitted at the minimum speed permitted for maneuvering. An exception to this requirement is permitted in special cases when the ship can use its engines for avoidance of an accident.

3.  A hydrofoil vessel must move in the harbour waters and its adjacent waters at a minimum speed in a state of deadweight, which ensures proper maneuvering.

4.  Operation of the propeller of a ship tied to the berth with ropes is prohibited. In addition, a short-term start-up of the propeller is permitted in order to prepare the ship for towing.

5.  A sailing vessel of 100 (one hundred) tons or more gross tonnage shall be propelled by its own engine or tug when entering into or departing from the harbour.

6.  Sailing is prohibited in the harbour waters, fairways and channels.

7.  All vessels, including towed ships, when moving in the access channels, fairways and internal waters of the harbour operator, are obliged to have their anchors ready for immediate anchorage.

8.  Dragging the anchor on the ground is prohibited.

9.  The ship master shall be obliged to immediately notify the shipowner and the Port State Supervision and Control Service of any maritime incident in the harbour waters. In case of damage, an inspection report should be immediately drawn up with engagement of the relevant harbour operator administration, the Port State Supervision and Control Service, and the ship master.

Article 21. Draft of the Ship

1.  Maximum draft of a ship at the entrance of the harbour operator, as well as when sailing in harbour waters and along the berths, shall not exceed the values ​​defined by the Port State Supervision and Control Service.

2.  The safe under keel clearance (UKC) of a ship, regardless of the ship size and purpose, in the entrance channel/fairway of the harbour operator, in the internal harbour waters and along the berths, shall not be less than 0.5 meters.

3. In case of failure to comply with the terms and conditions provided for in the paragraphs 1 and 2 of this Article, the pilot shall be entitled to refuse the pilotage of the ship.

4.  The exit draft shall be determined by the Port State Supervision and Control Service on the basis of data on the minimum depth. When determining the exit draft, seasonal variations in the water level in the fairways, channels and harbour waters, the impact of flows, the accumulation of bulk (sediment) as a result of a storm, and other factors shall be taken into account.  

5.  The Port State Supervision and Control Service, in accordance with the coordinates provided by LEPL - State Hydrographic Service of Georgia, determines the actual width of the entrance channel of the harbour operator, and the actual depth of the entrance channel and berth/fairway - on the basis of a written application of the harbour operator administration and the documents confirming fulfillment of the relevant measurement works.

6.  The harbour operator must organize provision of information about the actual depths to the ship master. When the ship is berthed at the berth, the pilot shall inform the ship master about the condition of the berth and the depths along the berth.

7.  Upon receipt of the cargo, the ship master shall ensure observation of the ship draft.

8.  The ship administration shall ensure compliance of the draft with the 1966 Load Lines Convention. A summer load line is applicable in the sea waters of Georgia.

Article 22. Ship Speed

1.  The ship speed in the harbour waters must be safe.

2.  For the purpose to ensure safety of navigation, to protect hydraulic structures, and to prevent the washing of the bottom ground and navigation channels (fairway slope), the safe ship speed, taking into account the local conditions, is determined for a specific harbour by the Chapter III of these Rules.

3.  Regardless of the safe ship speed prescribed by the Chapter III of these Rules, in order to prevent development of dangerous turbulence, the ship speed must be reduced in advance in the following cases:

a)  when passing a towing convoy, small and small-sized ships;

b)  when passing floating cranes, dredgers, docks, berths;

c)  when passing near underwater, hydrotechnical and other special works;

d)  when passing near rafts or/and sloops on which people are present, as well as when passing near people working on board a ship or at a berth;

e)  when passing near anchored or grounded ships;

f)   In the cases provided for by the Good Maritime Practice.

4.  The ship shall proceed at the slowest speed at berths, that ensures its maneuverability, and if necessary, maneuvering shall be carried out by periodically stopping the main engine.

Article 23. Regulation of Ship Traffic

Ship traffic in the roadstead and in the waters shall be regulated by the Port State Supervision and Control Service and the VTS Service in accordance with these Rules and the applicable legislation of Georgia.

Article 24. Ship Movement in Narrow Waters

1.  If the water draft does not permit a ship to proceed to the right of the narrow waters, it shall be entitled to use the entire width of the narrow waters, including the center line of the fairway and along its left side. Such a ship shall be provided with special signals in accordance with COLREG 72.

2.  A small and a small-sized ship shall, whenever it is safe and practicable for it to do so, normally keep close to the edge of the channel.

3.  A ship in deep water shall proceed in the manner recommended for it in such a case.

Article 25. Sailing in Limited Visibility Conditions

1.  In the conditions of fog, twilight, snow, sea water evaporation, torrential rain and other conditions of limited visibility, sailing in the narrow waters is carried out only by agreement with the Port State Supervision and Control Service and by the ship that has operational radars.

2.  Movement of a hydrofoil vessel in the fairway and channels in the conditions of visibility of 2 nautical miles or less is permitted only in the state of displacement.

3.  A vessel engaged in dredging and/or other special works shall not be in the narrow waters and fairway in the limited visibility conditions until the relevant consent is received from the VTS operator on VHF.

Article 26. Anchorage of Ship in Fairways and Channels

1.  Anchorage of a ship in fairways or channels is prohibited, except the cases where:

a)   due to deterioration of visibility, the ship cannot move beyond the edge of the channel or proceed its movement;

b)   the ship is forced to stop due to a technical malfunction that prevents its further movement;

c)   a sharp increase in the wind creates a danger of the ship being thrown out of the channel (fairway) on the shoal;

d)   the exit is blocked by another anchored ship.

2.  While forced to be anchored in a channel or fairway, the ship must move as far as possible away from the center line of the channel or fairway towards the edge, in the direction of the ship course, on the starboard side.

3.  The location of anchorage of the ship shall be chosen in such a way that the ship’s hull does not obscure the navigational equipment of other vessels sailing in the fairway.

4.  Approach and/or mooring of the ship to a floating lighthouse, traffic light and other navigational devices is prohibited.

5.  The master of a ship forced to stop in the channel shall be obliged to immediately notify the Port State Supervision and Control Service and the VTS Service of this, using all possible means of communication. The notification must include the name of the ship, the time, place and reason for anchorage, as well as the information on the degree of difficulty of movement in the area of ​​​ anchorage.

6.  The master of a ship whose repair is associated with a long-term anchorage shall be obliged to notify the Port State Supervision and Control Service of the type of damage to the ship and duration of its elimination by the crew or to order an appropriate repair service. The harbour operator administration, in agreement with the Port State Supervision and Control Service, shall make a decision on leaving the ship anchored or towing it to the harbour operator.

7.  As soon as it is possible to proceed sailing, the ship master shall be obliged to notify the Port State Supervision and Control Service, the VTS service and other stakeholders who were aware of the forced stay of the ship and, upon receiving their consent, remove the ship from anchor.

Article 27. General Requirements for Turning Ships Aside

1.  Navigation in the narrow waters shall be carried out in accordance with the requirements set out in the COLREG 72. When navigating in the narrow waters, all ships shall keep to the side of the channel/fairway which is to the starboard side of the ship and turn aside the ships on the harbourside.

2.  The harbour operator administration shall inform ships in the narrow waters of the movement of deep-draft ships entering/departing into/from its harbour operator.

3.  When approaching another ship in the narrow waters, a hydrofoil vessel shall, in order to ensure safety, promptly change to a displacement condition.

4.  When crossing the narrow waters, a ship shall not impede the movement of another ship along the narrow waters.

Article 28. Overtaking

1.  Overtaking a ship in the harbour waters shall be carried out only in cases of extreme necessity under normal hydrometeorological conditions, if it ensures the safe maneuvering of the ship and is pre-planned by the ship master in accordance with the COLREG-72.

2.  Overtaking a ship is prohibited:

a)   in fairways, channels and other narrow waters, where safe maneuvering is not guaranteed;

b)   in turnings or at the intersection of fairways (channels) or nearby;

c)   in sharp turnings of the narrow waters or at their approaches;

d)   at the entrance to the harbour;

e)   in case of limited visibility;

f)    when oncoming ships are passing;

g)   if the fairway is blocked by a timber-laden transport or timber is being towed.

3.  It is prohibited:

a)   to perform an overtaking maneuver by a ship that is to be overtaken by another ship (“double overtaking”);

b)   to move alongside the ship(s) that is/are carrying out dredging, hydrographic, underwater or/and other special operations.

Article 29. Ships engaged in Special Operations

A ship engaged in special operations in the channel (laying/removing submarine cables, setting/removing navigation signs, hydrographic, dredging or other) shall exhibit lights or/and signs in accordance with the COLREG -72.

Chapter VI

Fishing in the Harbour Waters

Article 30. General Provisions related to Fishing

1.  The issues of prohibition of fishing for living resources, setting traps and other types of fishing nets in the internal waters of the harbour operator, on the fairway, in areas of intensive traffic of ships indicated on the nautical charts, as well as fishing from the berth with a hook or other means shall be regulated by the order of the Director of the Agency, in agreement with the Coast Guard and the Conventional Division of the Black Sea Protection of ​​the State Sub-Agency Department of Environmental Supervision of Georgia of the Ministry of Environmental Protection and Agriculture of Georgia.

2.  Storage and placement of the fishing gear in the designated place shall be ensured by the owner of these gear.

3.  Cleaning and washing of fishing nets and other fishing equipment is prohibited in the internal waters of the harbour operator and on berths of any purpose. Above procedures may be carried out only outside the harbour waters.

Chapter VII

Berthing of Ships in the Territory of the Harbour Operator

Article 31. General Provisions

1.  While berthing in the territory of the harbour operator, the ship master or his/her substitute shall ensure that the ship crew and the persons on board comply with the rules in force in the harbour operator.

2.  On a ship berthed in the harbour operator from 8:00 (eight) a.m. in the morning until sunset, the ship’s national flag shall be hoisted on the masthead flagpole, and the Georgian national flag shall be hoisted on the main mast.

3.  It is prohibited to hoist various illumination lights on the ship and on the harbour cranes, which may be considered navigational signs.

4.  All ships at the berth shall have their main engine ready for immediate departure to sea due to worsening the hydrometeorological conditions, as well as a supply of cargo or ballast necessary for stability and maneuverability of the ship.

5.  When performing the rescue operations, it is mandatory for all ships in the Sea Harbour and on the roadstead to comply with the instructions of the Port State Supervision and Control Service and/or the Maritime Rescue and Coordination Center.

6.  The ship master, on the recommendation of the pilot, shall define the number of guys for the safe positioning of the ship at the berth.

7.  During the period of stay in the harbour operator, all types of ships, regardless of whether it is loading or unloading, for the purpose of stability and safety of the ship, shall have the total amount of cargo or/and ballast on board at least equivalent to 30% of the summer deadweight of the ship. The ship is obliged to maintain the stability criteria prescribed by the International Maritime Organization (IMO) at any time during its stay in the harbour operator.

Article 32. Roadstead

1.  Anchorage of the ship in the external and internal roadsteads of the harbour is permitted only in the places designated for anchorage, in accordance with the requirements of the Article 4(4) of these Rules.

2.  Anchorage is prohibited in the area of ​​​​laying cables and pipelines on the fairway, as well as in the areas where free maneuvering is impossible.

3.  If necessary, the harbour operator administration, with the consent of the harbour master, places the ship of the harbour fleet in the internal waters of the harbour operator.

4.  Taking into account the possible breakage of the anchor chain or in case of the loss of the anchor, the ship master must, as far as possible, accurately know the place of the ship’s anchorage when dropping the anchor, the direction and length of the broken anchor chain. The harbour operator administration and the Port Port State Supervision and Control Service shall be immediately notified of such breakage.

5.  At least 2/3 (two thirds) of the crew must be present on board a ship at the roadstead, including the ship master and the second engineer officer or the chief engineer officer and the chief mate.

6.  A ship at the roadstead, tied to a floating trailer (“SPM” “CBM”), as well as a ship maneuvering in the harbour waters and at the approaches, shall ensure communication with the ort operator administration via an ultrashort wave station.

7.  Monitoring of the ultrashort wave station on the channels 70 and 16 is mandatory for all ships.

8.  A ship anchored on a roadstead shall have its lights on/illuminated and its signs raised in accordance with the COLREG -72.

9.  From sunset to sunrise, the ship shall display lights: to illuminate the sides, keel, stern,

10.    When anchored in a roadstead, unless otherwise required, the transverse dimensions of the ship’s side shall not be exceeded by cargo booms, boat davits and ladders.

11.    To ensure the safety of a ship anchored in a roadstead, its main engine shall be in a standby position so that it can be launched within 30 minutes.

12.    A ship anchored in a roadstead shall not be permitted to take on board any other floating facility (except for floating facilities of the Coast Guard) without the consent of the Port State Supervision and Control Service and the Coast Guard. It is also prohibited to take on board any foreign person, except for the special circumstances provided for in the paragraph 13 of this Article.

13.    The ship master who takes on board the person(s) in danger at sea or discovers the foreign person(s) on board shall be obliged to immediately notify the Port State Supervision and Control Service and the Coast Guard and hand over the said person(s) to the latter.

14.    The shipowner/ship master shall ensure the safety of the ship anchored in a roadstead or in the territory of the harbour operator, including the availability of sufficient fuel, oil, food and water supplies.

Article 33. Conditions for the Ship Anchorage

1.  It is prohibited to anchor a ship:

a)   in prohibited areas declared on maps, nautical manuals and mariners’ notices;

b)   at a distance of less than 1.5 kbt from fairways and center lines;

c)   at depths that do not allow the ship to safely berth when turning;

d)   in fairways or channels, except for the case(s) provided for in the Article 26(1) of these Rules.

2.  Ships (tankers) loaded with hazardous cargo shall anchored in the places specially designated for this purpose.

3.  Anchorage of a ship or changing the place of anchoring shall be carried out in each individual case only by agreement with the Port State Supervision and Control Service.

4.  A ship that is anchored without permission or in an incorrect position shall, upon request of the Port State Supervision and Control Service, immediately move to the indicated anchorage location. Any ship shall be anchored at the place of anchorage indicated by the VTS operator and this shall be controlled by the VTS operator.

5.  In case of an emergency, the ship master shall have the right to independently change the place of anchorage and immediately notify the Port State Supervision and Control Service.

6.  Changing the place of anchorage by drifting is prohibited.

7.  During anchorage, the ship shall not block the exit, nor shall it make a turn in dangerous proximity to other ships.

8.  The ship shall anchor at the roadstead in such a way that the passageway or fairway of the water area is not blocked when the ship turns.

9.  Am anchored ship must apply to the services of an agent.

Article 34. Use of Staff Floating Facilities on Board the Ship

1.  Launching of lifeboats/sloops and fast search and rescue boats of the staff floating facility from the ship moored in a roadstead, anchorage or the sea harbour is prohibited, except for the following cases:

a)  it is necessary to test/examine this floating facility and their launching mechanisms.

b)  implementation of the above is related to fulfillment of the search and rescue operations at sea, which must be agreed with the harbour master.

c)  in the cases provided for by the safety requirements prescribed by an international treaty.

2.  Launching of the floating facilities referred to in the paragraph 1 of this Article to the water level is carried out in agreement with the Port State Supervision and Control Service, and launching and maneuvering are carried out with the permission of the Coast Guard Department, after informing the harbour master.

Article 35. Docking of Ships at Berth

1.  The safe distance between the ships at the berth(s) of the oil/gas terminal shall not be less than 20 (twenty) meters. The distance between ships at the berth(s) of dry cargo shall be:

a)   not less than 15 (fifteen) meters – during the spring-summer period;

b)   not less than 25 (twenty-five) meters – during the autumn-winter period.

2.  The safe distance between the ships at the berths №6, №7 and №8 of “Corporation Poti Sea Port” shall be perpendicularly not less than 25 (twenty-five) meters.

3.  When berthing, a ship must be positioned taking into account the specifics of the berth (as a rule, with the bow towards the exit of the harbour), however in the individual cases, upon the recommendation of a marine pilot, the ship may lower the anchor.

4.  When berthing a ship at an oil/gas terminal berth, emergency steel ropes (Fire Wires) must be lowered in accordance with the relevant rules if requested by the terminal.

5.  Dismantling and repair of those mechanisms of the anchored or berthed ship that ensure the safe berthing, movement and traffic of the ship is prohibited.

6.  If the emergency condition of the ship mechanisms poses a threat to the seaworthiness of the ship, the Port State Supervision and Control Service shall be authorized, based on the application of the ship master, to issue a written consent to perform the emergency repair works for a period of no more than 24 (twenty-four) hours. In this case, based on the application of the ship master, a tugboat must be on duty at the ship’s expense.

7.  Upon receipt of an unfavorable weather forecast, the ship master must make every effort to ensure the safe berthing of the ship, to increase weather monitoring, to use additional tow lines and to prohibit the crew from disembarking on shore.

8.  The ship master shall be obliged to ensure that cargo and ballast operations are organized in such a way that the ship is in a stable condition at all times so that it can safely depart from the harbour at any time in the hydrometeorological conditions unfavorable for navigation or to conduct the rescue operation.

9.  The ship master/shipowner shall be liable for damage to harbour structures, berths and/or ships themselves if it is caused by failure to comply with or delay in complying with an instruction to temporarily withdraw the ship from the harbour operator due to adverse hydrometeorological or other conditions.

Article 36. Positioning of Ships at the Berths

1.  When planning the positioning of the ships at the berth, the harbour operator administration shall ensure their safe berthing and cargo handling operations.

2.  When planning the positioning of the ships at the berths of “Corporation Poti Sea Port”, the berth operator shall ensure their safe mooring/unmooring, berthing and cargo handling operations.

3.  The berthing of non-degassed or non-inertized tankers loaded with flammable cargo at the passenger or dry cargo berth is prohibited.

4.  In case of the ships that do not carry passengers, approaching the passenger berth for the purpose of cargo handling operations or for long-term berthing shall be permitted only in the exceptional cases, with the consent of the Port State Supervision and Control Service.

5.  Berthing of two ships side by side at berths shall be permitted, except for the cases provided for in the paragraph 6 of this Article, only upon agreement with the harbour operator administration, the Port State Supervision and Control Service and the relevant units of the Ministry of Internal Affairs, with the consent of the masters of both ships.

6.  Berthing of two ships side by side is prohibited if at least one of them is loaded with flammable or/and explosive cargo, including oil. Exceptions to this requirement shall be allowed only in case of the necessity of supply of fuel and/or water, in compliance with the terms and conditions specified in the paragraph 5 of this Article.

7.  A berth shall be specially allocated in the territory of the harbour operator for berthing of a fuel tanker ship, in agreement with the fire service of the harbour operator.

8.  During the dark period of the day or night or in the limited visibility conditions, it is prohibited to berth a ship with a length of more than 200 meters.

9.  While granting consent to approach or berthing side by side at the berth specified in the paragraphs 4, 5 and 6 of this Article, the Port State Supervision and Control Service shall notify the Coast Guard of this at least 1 (one) hour before the approach/berthing.

10.    Mooring of ships to the berths of the harbour operators “Corporation Poti Sea Port” and “Poti New Sea Port”, the draft of which exceeds the permissible, declared draft of the berth, is possible using a pontoon, in agreement with the harbour operator administration and with the consent of the Port State Supervision and Control Service, provided that the width of the pontoons (meaning the distance between the ship and the berth) shall not exceed 7 meters. The berth operator and the ship master shall be responsible for safe mooring/unmooring of the ship when using the pontoon and for conducting safe operations while the ship is on the pontoon.

11.    The pontoons referred to in the paragraph 10 of this Article shall be immediately removed from the water after use or transferred to a safe, free place by the harbour operator administration. If the pontoons restrict the maneuverability of the ships, they shall be removed by the Harbour operator administration at the expense of the berth operator. It is not permitted to install several pontoons side by side between the ship and the berth. Only one pontoon shall be permitted on each section of the ship’s hull between the ship and the berth.

12.    In case if a ship with a width exceeding 20 meters is moored or is planned to be moored at the berth № 10 of the harbour operator “Corporation Poti Sea Port” and the ship’s hull restricts the movement of vessels in the inner basin of the harbour, mooring of a ship with a length exceeding 150 meters on pontoons at the Berth № 3 shall not be permitted.

Article 37. Preparing the Berth for the Ship to Dock

1.  For the purpose of prevention of damage to the ship, harbour structures and accidents, the berth owner shall be obliged to ensure preparation of the berth for acceptance of the ship and to provide information about the berth readiness to the harbour master and the harbour operator administration.

2.  In “Corporation Poti Sea Port”, for the purpose of prevention of damage to the ship, harbour structures and accidents, the berth operator shall be obliged to ensure preparation of the berth for acceptance of the ship and to provide information about the berth readiness to the harbour master and the harbour operator administration.

3.  It is prohibited to berth a ship if:

a)   the booms of the harbour crane go beyond the berth boundaries on the seaward side. In such cases, there should be a safe distance from the crane booms to the ship’s keel, bow and superstructure;

b)   the harbour cranes do not have a designated safe location;

c)   the berth is not fully staffed with the ship’s mooring staff;

d)   the berthing area is not properly lit at night.

4.  In case if the cargo, loading and unloading loose gear and other items that impede the approach and handling of a ship to the berth have not been removed from the berth, the Port State Supervision and Control Service is obliged to require the harbour operator administration/terminal to take appropriate measures.

5.  All ships, taking into account their draft and maneuvering conditions, shall be provided with sufficient space in the harbour waters for berthing.

6.  If access to the berth from the sea is restricted in such a manner that the safe approach of the ship to the berth is endangered, the ships blocking the access shall be moved or transferred to other berths.

7.  Before mooring the ship at the berth, the Port State Supervision and Control Service and the pilot (in case of pilotage) must provide the ship master with the information about the condition of the berth, dimensions of the berth and depths along the berth.

Article 38. Organization of Arrival and Mooring (Tying) of Ship at Berths

1.  It is prohibited to simultaneously pull out or bring in two or more ships from the borderline berths.

2.  A representative of the harbour operator and/or terminal must be present when a ship is berthed, who must indicate to the pilot or the ship master the exact place where the ship is to be berthed.

3.  For fulfillment of ship towing operations, the harbour operator administration shall designate the mooring men, not less than 8 people, as well as towing men, depending on the length of the ship, in accordance with the requirements provided for in the Rules hereof.

4.  The ship master shall ensure that the ship is berthed with strong and reliable guys, as well as their mooring to specially designated berth mooring facilities. Mooring the guy is prohibited to the devices that are not intended for this purpose.

5.  A ship moored at the berth must fasten a reliable ladder to the shore, equipped with a railing and a safety net, as well as a lifebuoy with a rope no less than 27.5 meters long.

6.  A safety net must be stretched under the ladder in such a way as to exclude a person from falling into the water.

7.  The ladder must be illuminated during the dark hours of the day and night.

8.  When ships are berthed side by side, obligation of installation of the ladder among the ships shall be imposed to the ship berthed on the seaward side.

Article 39. Light Signals of the Ship at the Berth

1.  A ship moored (tied) to a berth shall have all open decks of the ship fully illuminated from sunset to sunrise.

2.  A ship carrying the hazardous cargo shall display a red flashing light on its mast. During the day, a flag “B” shall be hoisted in accordance with ISC.

Article 40. Ensuring Safe Berthing

1.  In order to keep watch on a ship moored at the berth, to ensure the safety and seaworthiness of the ship, at least 2/3 (two thirds) of the crew shall be present.

2.  A ship moored to a berth shall appoint a ship’s watchman at the ladder and the harbour – the watchman of the watchkeeping service.

3.  The ship’s watchkeeping service must have the contact details of the harbour operator administration, the Port State Supervision and Control Service, the Emergency Service, the medical institutions, relevant services of the Ministry of Internal Affairs of Georgia and the ship agent.

4.  A ship moored at the berth is prohibited from placing cranes, booms, sloops and other devices overboard.

5.  A sailing ship moored at the berth must have its sails furled.

6.  Coming down to the water for recreational purposes from a ship moored at the harbour operator is prohibited.

7.  The inscription “Warning, propeller shaft” must be placed on the keel of the ship, above the propeller, on both sides. Above inscription must be illuminated during the dark period of the day and night.

8.  People may disembark from and embark on a ship, as well as transfer from ship to ship while standing side by side, only by means of a ladder.

9.  During the cargo handling operations, the ship crew shall ensure the normal tension of the trailer ropes.

10.    Firefighting and rescue equipment on a ship moored in the territory of the harbour operator be in proper working order and, if necessary, ready for use.

11.    In case of a fire or other danger on a ship, a nearby ship shall be obliged to take all necessary measures to prevent danger, to assist people and to save cargo and other property.

12.    The ship crew and the harbour operator’s staff must immediately provide assistance to the injured and those who have fallen into the water and, depending on the nature of the incident, notify the nearest medical facility, the Port State Supervision and Control Service and the harbour operator administration.

13. The ship master shall be obliged to immediately notify the Port State Supervision and Control Service of any incident occurring on board the ship (accident involving people, prolonged absence of people, their illness with a contagious disease, etc.), and in case of a fire or explosion - to call the fire service and to take all necessary measures to save people and cargo and eliminate the danger.

14.    After completion of cargo and ballast operations, the ship’s lateral deviation (list) should be as low as possible equal to 0.

15.    All ships in the harbour operator must be provided with a sufficient amount of fuel and engine oil by the shipowner in advance before entering the harbour.

Article 41. Changing the Ship Berthing Location

1.  The harbour operator administration shall notify the Port State Supervision and Control Service, the ship agent and the ship master of the expected change of the ship berthing location in advance, no later than 2 (two) hours before the change of berthing location, except for the cases specified in the paragraph 2 of this Article.

2.  The ship master shall be notified of the ship’s movement or the docking of another ship with it no later than 1 (one) hour in advance. In an emergency (fire, storm, etc.), the harbour operator administration shall have the right to move the ship without prior warning of the ship master.

3.  Movement of the ship with mooring ropes along the berth is permitted without a pilot, however with the mandatory presence of a representative of the harbour operator administration and in agreement with the Port State Supervision and Control Service.

4.  Movement of a ship from one berth to another or pulling it from a berth to a roadstead is permitted only if there is a master or a chief mate on board.

5.  Restrictions on movement and removal of a ship are established by the Port State Supervision and Control Service, taking into account the hydrometeorological conditions in the harbour and the ship’s parameters (water draft, sufficient water supply under the keel).

6.  Other ships moored at the same berth must be warned about the movement of a ship at the berth.

Article 42. Operation during Hydrometeorological Conditions unfavorable for Navigation

1.  Upon receipt of the information on expected unfavorable hydrometeorological conditions for navigation, the Port State Supervision and Control Service shall immediately notify all ships in the harbour waters and at the approaches thereof.

2.  The officer in charge of navigational watch of the ship master shall, upon receipt of the notification provided for in the paragraph 1 of this Article, make a corresponding entry in the ship’s logbook and confirm the time of receipt of the notification to the Port State Supervision and Control Service.

3.  In case of receipt of the notification provided for in the paragraph 1 of this Article or in presence of obvious signs of deterioration of the weather, the ship master shall ensure the safety of the ship.

4.  The ships berthed in the harbour waters that are not protected from wind and waves shall immediately be brought into readiness to go to sea.

5.  Upon receipt of a warning about deterioration of the hydrometeorological conditions, the Port State Supervision and Control Service shall transmit to the harbour operator administration a list of the ships that must temporarily leave the harbour operator during the period of hydrometeorological conditions unfavorable for navigation, the location of the ships remaining in the harbour operator, and a list of the ships that are on the roadstead and do not have sufficient fuel, therefore they need to be urgently brought into the harbour.

6.  All technically sound ships during the period of unfavorable and dangerous hydrometeorological conditions (storm, typhoon) shall, upon request of the Port State Supervision and Control Service, leave the harbour or anchorage and proceed to the open sea in order to ensure general safety.

Article 43. Berthing of Small and Small-sized Ships

1.  The harbour operator administration, in agreement with the Port State Supervision and Control Service, shall develop a plan for positioning of small and small-sized ships, floating cranes, barges and tugboats in the territory of the harbour operator, including their temporary berthing places in the hydrometeorological (storm) conditions unfavorable for navigation.

2.  When determining the berthing place of a small and small-sized ship in wind and surge conditions, in order to ensure the safety of the ship, its distance from the fairway and the handling places of large ships shall be taken into account.

3.  The master of a small and small-sized ship shall ensure the safe berthing of the ship at the place of positioning.

4.  It is prohibited to leave a non-self-propelled small and small-sized ship unattended in a roadstead without a tug.

5.  Presence of a small and small-sized ship in the vicinity of an oil/gas terminal and tanker berth is prohibited if it does not have a spark arrester.

6.  A 24 (twenty-four)-hour watch must be organized for a small and small-sized ships anchored in the harbour operator or at the berth.

7.  The owner of a small and small-sized ship, if the ship is not equipped for permanent crew presence, shall be obliged to ensure 24-hour security of the shop and supervision of the ship at anchor.

8.  The master of a small and small-sized ship shall, upon request of the harbour operator administration, ensure its removal from the territory of the harbour operator or relocation to a specified location.

9.  Upon receipt of the information about the hydrometeorological conditions unfavorable for navigation, a small and small-sized ship being on roadstead or near the ship’s side shall be obliged to take shelter in the harbour waters and take up a position according to the deployment plan.

10.    The master of a ship that does not have a permanent berth in the territory of the harbour operator, in case of the hydrometeorological conditions unfavorable for navigation, shall be obliged to take a place according to the instructions of the harbour operator administration, which must be agreed with the Port State Supervision and Control Service.

11.    A small and small-sized ship, taking into account the applicable norms, must be equipped with emergency fire-fighting and life-saving appliances.

12.    The master of a small and small-sized ship is prohibited from:

a)   transferring the ship to a berth or a ship on a roadstead, as well as to the side of a small or large ship without the consent of the harbour operator administration;

b)   accepting cargo, hand luggage and passengers on board or transferring cargo and hand luggage from board, as well as carrying the passengers, without the consent of the harbour operator administration and the Revenue Service.

Article 44. Docking of a Decommissioned Ship in the Territory of the Harbour Operator

1.  The ship is decommissioned and docked in the territory of the harbour operator:

a) due to restrictions on navigation during the autumn-winter period (November-April);

b) for the purpose of repair work;

c) for the purpose of temporary docking in accordance with the owner’s decision;

d) for the purpose of dismantling.

2.  The decision on docking a decommissioned ship in the territory of harbour operator is made by the harbour operator administration based on the application of the shipowner or the ship master, which must indicate:

a)   the type, name, registration number, length, width and draft of the ship;

b)   the harbour of registry;

c)   the desired place of docking in the harbour operator;

d)   the name, surname and contact details of the ship master and/or other responsible person;

e)   a list of the ship crew members who will remain on board the ship during the stay and their watchkeeping schedule;

f)    the address and contact details of the shipowner.

3.  The application must be accompanied by a report from the Fire Protection Service on implementation of preventive firefighting measures on the ship.

4.  If the ship master or a person exercising his/her authority leaves the territory of the harbour operator, he/she shall be obliged to notify the Port State Supervision and Control Service of the identity of the person who will exercise his/her rights and duties during his/her absence. Above notification must be signed by the ship master/the person exercising his/her authority and the person who will take the responsibility, and the address and contact details of the latter must also be indicated.

Article 45. Organization of Docking of a Decommissioned Ship

1.  The person responsible for docking of a decommissioned ship and the ship crew are obliged to comply with the instructions of the Port State Supervision and Control Service and the harbour operator administration regarding the safety of docking of the ship.

2.  The Port State Supervision and Control Service has the right to require the shipowner, as well as the master of the ship and the convoy, to remove from duty any person whose actions endanger the safety of the decommissioned ship.

3.  A ship unfit for further operation may be left at the berth/dock only for a specified period, in agreement with the harbour operator administration and with the consent of the harbour master.

Article 46. Preparation of Ship for Conservation

1.  Before decommissioning a ship, the ship master must draw up a plan of measures to ensure the viability of the ship during its docking, agree it with the Port State Supervision and Control Service, the harbour operator administration and approve it with the shipowner.

2.  The decommissioned ship must have functioning water-spouting, fire-fighting and ship towing facilities.

3.  Before decommissioning, the ship must be unloaded, cleaned of liquid fuel residues, fuel materials and excess inventory, degassed, and appropriate measures must be taken to maintain the hermetic sealing of Kingston valves.

4.  Leaving liquid fuel on a long-term docked ship is permitted only with the agreement of the Port State Supervision and Control Service.

5.  A protocol shall be drawn up on possibility of cleaning the ship tanks, bunkers and pumping unit and storing fuel supplies on board, which should not interfere with performance of the repair work with open flame, with participation of the representatives of the harbour operator, the Fire Protection Service and the ship master.

6.  All service and accommodation units of the ship (bilge, engine room, cabins, etc.), where repair work is not carried out and the crew members do not live, must be closed and sealed, and the electrical wiring must be turned off.

7.  The shipowner shall be responsible for preparing the ship for decommissioning.

8.  The following measures must be taken in respect of a ship left without a crew and decommissioned:

a)   all storage rooms of the ship shall be closed;

b)   all overboard and watertight openings (illuminators, doors, seals, hatches, roofs, etc.) shall be tightly locked;

c)   within the main watertight section, the pipeline shall be divided into autonomous sections by closing valves and installing shutters;

d)   explosive and flammable cargo, ship supplies and materials shall be removed from the ship;

e)   the ship shall be equipped with technically sound, emergency and fire-fighting appliances necessary for the ship’s seaworthiness, which shall be installed in their regular place.

Article 47. Positioning of a Decommissioned Ship in the Territory of the Harbour Operator  

1.  The berthing location of a decommissioned ship in the territory of the harbour operator shall be determined taking into account the need to ensure that the movement of other ships and/or cargo handling operations are not impeded.

2.  The plan for positioning of a decommissioned ship in the territory of the harbour operator and the means of mooring the ship shall be agreed upon with the Port State Supervision and Control Service, the harbour operator administration, the Fire Protection Service of the harbour operator and approved by the shipowner.

3.  Decommissioned ships shall be securely moored, including by maintaining an appropriate distance, in accordance with the plan specified in the paragraph 2 of this Article. In addition, the ship master shall ensure arrangement of a double-handled ladder and its systematic cleaning.

4.  In case of necessity to change the berthing location of a decommissioned ship, the ship master or a person exercising his/her authority shall be obliged to do this immediately upon the request of the harbour operator administration. In case of failure to comply with this request, the ship shall be transferred to another location by the forces and technical means of the harbour operator, at the expense of the shipowner.

Article 48. Living of Crew Members on a Decommissioned Ship

1.  Crew members are permitted to live on a decommissioned ship only if normal living conditions can be provided on this ship. Living of unauthorized persons, including the families of crew members, on such a ship is prohibited.

2.  Temporary admission of persons not included in the crew list to a decommissioned ship is carried out on the basis of a permit system introduced in the territory of the harbour operator.

3.  Use of electric heating appliances provided for in the staff list on a decommissioned ship is permitted only with the consent of the Fire Protection Service of the harbour operator. Use of electric heating appliances not included in this list is prohibited.

Article 49. Organization of Watch and Protection of Ship

1.  The crew shall be responsible for protection of a decommissioned ship and moored in the territory of the harbour operator.

2.  The watchmen appointed by the master shall be responsible for protection of the convoys of small and small-sized ships.

3.  There shall be a 24-hour watch on all groups of ships berthed side by side.

4.  One watchman shall have the right to monitor no more than 5 (five) small and small-sized ships.

5.  The shipowner and the master of a decommissioned ship shall ensure protection of the ship’s property, the readiness for use of fire-fighting and emergency life-saving appliances.

6.  When ships are moored, an alarm schedule shall be drawn up for each ship or group of ships.

7.  Training to maintain the seaworthiness of the ship shall be conducted before the ship is stopped, and then at least once a month.

8.  If there is a crew on board the ship at a stop, it is necessary that the appropriate luminous signs be erected on the ship, in accordance with the instructions of the harbour operator administration.

9.  In a group of small and small-sized ships, if they are moored side by side, only the outermost ship(s) facing the sea may be illuminated. In the absence of electric lighting, it is permitted to erect a kerosene marine lantern of the specified model for lighting.

10.    The ship master, the shipowner or a person authorized by him/her shall be obliged to immediately notify the Port State Supervision and Control Service and the harbour operator administration of any fact of damage to the ship.

Chapter VIII

Cargo handling operations in the Harbour

Article 50. General Provisions

1.  The harbour operator administration, taking into account the existing appliances, divides the berths into cargo areas and terminals (according to the categories of cargo to be processed), which informs the Port State Supervision and Control Service about this and publishes this information publicly.

2.  It is prohibited to process flammable and explosive cargo at non-specialized berths. Depending on the specifics of the cargo, and based on an agreement with the Agency, it is possible to process the above-mentioned cargo (except for crude oil and light petroleum products) at the non-specialized berths.

3.  It is prohibited to process harmful, dusty, chemical and pungent-smelling cargo at the berths and the terminals intended for cargo of animal origin and food.

4.  The harbour operator administration, the ship administration, the transport organization and the terminal operator, when carrying out the cargo handling operations, are obliged to be guided by the IMO IMDG CODE, the IMO, ILO and UNECE Guidelines for Packaging of Cargo TransportUnits, as well as the IMO Recommendations on the Safe Transport of Dangerous Cargoes and Related Activities in Harbour Areas.

5.  Cargo handling operations must be carried out in accordance with the technological schemes and technical conditions for loading and unloading of individual cargo, in compliance with the occupational safety, environmental and fire safety standards.

6.  Responsibility for accidents involving people or damage to cargo during the cargo handling operations shall be imposed to:

a)   the ship crew or shipowner – if the accident or damage to cargo is caused by malfunction of the ship’s loose gear, cargo and other appliances;

b)   the harbour operator / terminal operator – if the cargo handling operations were carried out using the staff and the equipment of the harbour operator / terminal.

7.  Loading and unloading of food products, livestock, poultry, raw materials of animal origin and vegetable cargo shall be carried out in accordance with the applicable legislation of Georgia.

8.  No unauthorized persons shall be allowed on board the ship during cargo fumigation. In this case, the ship crew shall ensure the protection of the ship.

9.  The ship master and the stevedore shall immediately notify the harbour operator administration and the State Supervision and Control Service of the harbour of all cases of cargo falling into the water overboard or at the berth.

10.    It is prohibited to stack cargo on the roadway, in the exits, as well as closer than 2 (two) meters to the railway track and closer than 3 (three) meters to the edge of the berth, also to block fire exits and evacuation routes at the berths of the oil terminal.

11.    If the cargo handling operations are suspended due to expected bad weather, then it is necessary to close the ship bilge and hatch. In this case, it is prohibited to leave removable beams and mechanical sections unsecured.

12.    In case of an emergency spill or discovery of oil in the harbour waters, the cargo handling operations in the territory of the harbour operator shall be suspended and the ships shall be taken to the roadstead, as necessary. The decision in this regard shall be made by the Port State Supervision and Control Service, in agreement with the harbour operator administration and relevant state agencies.

13.    Any legal entity carrying out the cargo handling operations, operating in the territory of the harbour operator, shall have a technological map or/and the standard operating procedures (SOP) for the cargo handling operations, agreed in advance with the harbour operator administration and the Agency.

14.    All cargo handling operations in the harbour operator are, as a rule, carried out by the forces and technical means of the harbour operator / terminal. In case if, with the consent of the harbour operator administration, the cargo handling operations are carried out by the forces and technical facilities of the consignor/consignee, the consignor/consignee shall bear liability for proper functioning of these technical facilities.

15.    A person, who has reached the age of 18 (eighteen) and is considered fit for fulfillment of the specified work by a medical commission, shall have the right to carry out loading/unloading operations and service freight vehicles. The employer shall be obliged to provide the specified person with appropriate instructions on occupational safety and professional activities before allowing him/her to perform the loading/unloading operations.

16.    The facilities available on board the ship intended for loading and unloading operations must be in a technically sound condition, which is ensured by the ship master. Otherwise, the sound technical condition of these facilities shall be ensured by their owner.

17.    The cargo handling operations with the technical facilities provided for in the paragraphs 14 and 16 of this Article shall be permitted after the consignor/consignee or the ship master presents a document confirming their sound technical condition.

18.    When handling a ship on roadstead, the person carrying out this operation shall be obliged to allocate a tugboat for permanent duty near the side of the ship to be handled or on the guess warp in order to ensure the safety of the operation.

19.    Ramps and platforms, which are arranged for the purpose of unloading a ship, must be strong and of such size as to ensure a safe distance between the workers when lifting (lowering) cargo.

20.    It is prohibited to carry out the cargo handling operations with cargo equipment if the mass of the cargo exceeds the load capacity established for the said equipment.

21.    The harbour crane and the ferry bridge shall be equipped with an anemometer, which shall automatically sound an alarm if the wind speed reaches the limit of safe operation of the crane. In the conditions of strong winds exceeding 6 (six) points on the Beaufort scale (10.8-13.8 m/sec), the operation of the tower crane shall be stopped, and in cases of strong winds exceeding 7 (seven) points on the Beaufort scale (13.9-17.1 m/sec), all other types of cranes shall be stopped. In such conditions, the shore cranes shall be installed on a lifter, and the floating cranes shall be secured to the berth with additional moorings or moved to a safe place. Taking into account the local conditions and the design of cranes, the harbour operator administration shall be authorized, within its territory, to establish lower wind power parameters prohibiting the safe operation of cranes than those provided for in this paragraph.

22.    Timely termination of operation of the crane is supervised by the harbour operator administration or the berth operator.

23.    The decision on termination of the loading/unloading operations performed by a ship crane is made by an authorized person of the cargo terminal, in agreement with the ship’s administration.

24.    If the loading/unloading operation is performed by a crane, its operation, in addition to the conditions provided for in the paragraph 21 of this Article, must be terminated if:

a)   the ship to be handled by the crane is maneuvering (transferring to another berth, moving, mooring, berthing);

b)   when maneuvering a railway vehicle, the crane boom moves over the railway vehicle.

25.    Loading of the ship is carried out according to the cargo plan, which is approved by the ship master in agreement with the harbour operator administration / terminal operator, and in the case of hazardous cargo, additionally with the agreement of the Fire Protection Service and the Port State Supervision and Control Service.

26.    Duration of the time required for loading and unloading a ship in in the territory of the harbour operator is determined by the harbour operator administration.

27.    If the workers of the harbour operator are involved in the process of opening and closing the cargo hatches, then the ship administration shall be responsible for compliance with safety equipment rules.

28.    Opening and closing the hatches equipped with mechanized (automated) equipment is carried out by the ship crew.

29.    Before starting the cargo handling operations, the stevedore shall be obliged to inspect the equipment (bridges, gangways, hanging nets, etc.) and make sure of their suitability for use.

30.    It is prohibited to use the appliances intended for the loading and unloading operations if:

a)   a stencil indicating the test date and test validity period, as well as the permissible load capacity, is not attached to it;

b)   the device has a substantial damage.

31.    If the cargo handling operations are to be carried out by the harbour crane, then before starting the said works, the ship master must remove the ship equipment located in the working area of ​​the crane and interfering with the free movement of the crane. In addition, the ship’s cargo booms must not extend beyond the ship’s side.

32.    All cargo to be lifted must be secured in such a way that the cargo cannot be thrown off or/and fall off.

33.    The ship must be loaded in such a way that the ship’s load line, established for the given time of year and navigation areas, does not appear underwater.

34.    An overloaded or incorrectly loaded ship is prohibited from leaving the harbour.

35.    A ship is considered overloaded or incorrectly loaded if:

a)   its loading does not comply with the requirements of the International Convention on Load Lines;

b)   the cargo is not secured on the ship or is secured improperly;

c)   after loading the ship is tilted more than permitted or its stability does not comply with the requirements of the ship stability criteria;

d)   the ship loaded with loose or liquid cargo is not equipped with means to prevent cargo movement or spillage during swinging;

e)   the cargo on deck is placed incorrectly, which poses a danger to the ship and the people on it;

f)    the rules of loading and transportation are violated.

36.    Compliance with the instructions of the ship administration on loading, stowage, mooring, separation and unloading is mandatory for those the legal entities or/and natural persons who carry out the cargo handling operations.

37.    In case of violation of the rules for fulfillment of the cargo handling operations, the ship administration shall be authorized to suspend the above-mentioned operations until such violation is eliminated.

38.    After completion of the cargo handling operation, the shore crane booms must be turned to the shore side and not extend beyond the edge of the berth. The elevator pipes must be raised and positioned so as not to interfere with the docking (mooring) and transfer of the ships. Loose gear and cargo equipment must be removed and launched in accordance with the rules established by the harbour operator / terminal.

39.    The place where cargo handling operations are carried out must be immediately cleaned of garbage and brought into order, for which the responsibility lies with the berth operator / the head of the cargo handling operations. In addition, it is prohibited to dump garbage from the berth into the sea and the berth drainage system.

40.    It is prohibited to leave sloops, anchors, guys, machine parts and other inventory on the territory of the harbour operator and on the berth.

41.    The head of the cargo handling operation must inform the Port State Supervision and Control Service about any cargo sunk in the harbour waters, which may impede and endanger navigation.

42.    During fulfillment of the works related to the cargo handling operations, the norms of work safety, fire prevention and sanitary safety must be observed.

43.    Safe fulfillment of the cargo handling operations is ensured by:

a)   the person performing the work – on the territory and facilities of the harbour operator;

b)   the stevedore and the ship’s administration – on the ship.

44.    During the dark period of the day and night, the place of cargo handling operations on the ship, berth and warehouse must be illuminated in accordance with applicable standards. At the same time, lighting must not interfere with navigation.

45.    Lighting at the berth and terminal is provided by the harbour operator, and on the ship – by the ship administration.

46.    Embarking and disembarking from the shore is permitted using a ladder in compliance with the safety requirements.

47.    Responsibility for the technical condition of the ship ladder lies with the ship administration, and for the ladders belonging to the harbour operator, provided to the ship from the shore - with the harbour operator.

48.    In the process of operation, the operator of the cargo handling operations, in accordance with paragraph 47 of this Article, shall immediately notify the harbour operator or the ship administration of the detection of the malfunction of the ladder and the gangway, and the latter shall be obliged to ensure the timely elimination of the defect(s) of the damaged ladder and the gangway or, if the defect(s) cannot be eliminated, to remove them from operation.

49.    In the place where the cargo handling operations are carried out, the following is prohibited:

a)   smoking, except for the places specially designated for this;

b)   presence of persons who are not professionally related with the ongoing cargo handling operations.

50.    In case of an accident involving human health and life, the stevedore of the cargo handling operations, along with provision of medical assistance to the victim, shall be obliged to immediately notify the Port State Supervision and Control Service, the harbour operator administration and the terminal about the incident.

51.    All cargo handling operations in the territory of the harbour operator, as a rule, should be carried out using complex mechanization. During mechanized loading, the manual performance of the auxiliary operations and certain types of works is allowed only in compliance with the safety rules.

52.    In order to protect safety, the heads of terminals, areas and services must develop the instructions for individual professions. In case of availability of the standard instructions, they should be based on the instructions developed in the harbour operator taking into account the local specifics. These instructions should be approved by the harbour operator administration.

53.    The cargo handling operations that take place during ship-to-ship transfers must comply with the requirements of the ICS Manual - Ship to Ship Transfer Guide for Petroleum, Chemicals and Liquefied Gas and must be approved by the postmaster in each specific case. Also, the procedure for ship-to-ship transfers shall be determined in accordance with the Circular of the Agency Director.

Chapter IX

Loading, Unloading, Stowage and Storage of Cargo

Article 51. General Conditions

1.  Loading of a ship with heavy cargo (more than 10 (ten) tons) and/or timber shall be carried out in accordance with the loading manual of this ship.

2.  Cargo placed on deck, as a rule, shall not exceed the ship’s side.

3.  Loading of a ship with heavy cargo or its unloading from the ship shall be carried out in the mandatory presence of a stevedore, a shift engineer (if work is carried out using cranes) and the chief mate.

4.  Cargo shall be placed in packaging in full compliance with the relevant rules, except for the cases provided for by the applicable legislation.

5.  Before loading the ship, the holds shall be properly prepared and inspected by a cargo inspector.

6.  The berth on which the loading and unloading of food cargo is carried out shall be cleaned.

7.  For the purpose of provision of the navigation safety, the Port State Supervision and Control Service shall monitor the presence of a cargo plan approved by the ship master on board, its accuracy and compliance of the load with this plan.

8.  The head of the cargo handling operations shall be obliged to arrange means of protection against cargo falling into the water (tarpaulin, rigging net).

9.  Use of metal winches and nets is prohibited when loading and unloading the flammable cargo (cotton, including raw cotton, flax, oakum, etc.). The coamings of hatches must be protected by tarpaulins and wooden shields, and the iron swivel of cargo guys must be sewn with canvas.

10.    Stowage, storage and disinfection of cargo of plant and animal origin must be carried out in agreement with the relevant state services.

11.    Damaged cargo (physically or chemically) must be immediately removed from the territory of the harbour operator by the cargo owner.

12.    Bringing of ferrous and/or non-ferrous scrap metal into the harbour operator for transportation is permitted if it is prepared for transportation by sea in accordance with the state standards, has been neutralized from explosive, flammable, radioactive materials, has been cleaned of harmful chemical substances and has the document(s) confirming the above.

Article 52. Cargo Stowage Rules

On the territory of the harbour operator, in the warehouses, on the platforms and at the oil/gas terminal, it is prohibited to stow the cargo:

a)  in the prohibited zone;

b)  around trailer pumps and bridleways, lamp posts, geodetic network signs, ceilings, fire hydrants, fire alarms and/or electrical switches, as well as on drainage system wells (cargo stacking is allowed at a distance of at least 2 meters from the places specified in this subsection);

c)  at a distance of at least 4 (four) meters from the working perimeter of the warehouse and in the passages established by the norms between different types of cargo in the warehouse;

d)  on water supply, transport and electric cable routes;

e)  less than 2 (two) meters from the nearest railway track or/and 3 (three) meters from the shore of the berth;

f)   on roads, pedestrian and transport exits, near fire pumps, etc.;

g)  under overhead lines, high-voltage wiring and telephone wires or telegraph networks;

h)  in the warehouse space that does not have proper ventilation and inspection and operation of which are not carried out in accordance with the prescribed procedure. In such cases, the company must have the operation rules and internal policies regarding safe management.

Article 53. Conditions for Prohibition of Entry of Cargo to be Carried by Ship into the Territory of the Harbour Operator

Following is prohibited in the territory of the harbour operator:

a)  Entry of the cargo in damaged and unmarked packaging;

b)  Entry of the cargo without packaging, carriage of which by ship is permitted only in packaging.

Chapter X

Cargo handling operations Related with Dangerous goods

Article 54. General Provisions

1.  Loading and unloading of dangerous goods is carried out in accordance with the requirements of the IMO IMDG CODE and the Rules hereof.

2.  In accordance with the IMO FAL Form 7, 7 (seven) days before the entry of dangerous goods into the territory of the harbour operator, the consignor or/and the carrier company must submit to the harbour operator administration and the Port State Supervision and Control Service a duly completed application and attached documents on carriage of the above-mentioned goods by ship. If duration of the voyage is less than 7 (seven) days, the consignor or/and the carrier company must immediately notify the harbour operator administration and the Port State Supervision and Control Service about carriage of dangerous goods by ship.

3.  The application referred to in the paragraph 2 of this Article shall indicate the class, category and group to which the dangerous goods belong, its technical name, number of places, gross weight and destination. In addition, it shall be stated that the consignor is familiar with the IMO IMDG CODE, and that the packaging, marking (Appendix №6) and hazard labeling of the goods to be carried fully comply with the rules for carriage of dangerous goods.

4.  A ship, that has carried the dangerous goods in violation of the requirements of the paragraph 2 of this Article, shall, before entering the harbour operator, be anchored until consent is obtained on unloading of the above-mentioned goods at the harbour operator.

5.  The ship master shall be obliged to inform the harbour operator administration and the Port State Supervision and Control Service about the presence of dangerous goods on board and obtain the consent of the harbour operator administration to unload these goods, indicating the time and place of unloading.

6.  Carriage of dangerous goods into the territory of the harbour operator for the purpose of loading and unloading onto the ship is permitted only with the written consent of the harbour operator administration and informing the Port State Supervision and Control Service.

7.  The place of loading and unloading of dangerous goods shall be determined by the harbour operator, in agreement with the Fire Protection Service, the Security Service of the harbour operator, the Revenue Service and the Environmental Protection Service.

8.  Loading/unloading and sorting of dangerous goods shall be carried out in the presence of a representative of the harbour operator and/or the cargo terminal.

9.  The harbour operator administration shall inform the relevant services of the harbour operator in advance of any work related to the expected processing of dangerous goods, before such goods are brought into the harbour.

10.    Loading/unloading of dangerous goods shall be carried out by means and methods that are safe for life and health of people engaged in cargo handling operations, taking into account the need to protect the ship accommodation, service and production compartments from contamination. When handling dangerous bulk goods, contamination of the workplace and the area in question must be avoided.

11.    During fulfilment of the cargo handling operations related to dangerous goods, it is prohibited to refuel the ship.

12. The cargo handling operations related to dangerous goods shall be carried out taking into account the characteristics of the cargo, in accordance with the technological map drawn up. The technological map shall be agreed with the Agency, the Fire Protection Service of the harbour operator, the Environmental Protection Service of the harbour operator and approved by the harbour operator.

13.    Dangerous goods shall, as a rule, be loaded onto the ship after all other cargo and shall be unloaded first.

14.    Before the commencement of the cargo handling operations, the operator and the head of the cargo handling operation shall have a plan for disposition of property, movement of wagons, withdrawal of ships and motor vehicles in case of a fire, explosion or other incident.

15.    A building (warehouse) constructed of fire-resistant material, with the same floor and covering, and divided by fire-resistant walls shall be allocated for storage of dangerous goods. It is permissible to store dangerous goods in special vaults and warehouses, taking into account the characteristics of the dangerous goods.

16.    The place of stowage of dangerous goods must be constantly guarded, must be equipped with a fire alarm system and the telephone connection accessible for the security staff. The building where dangerous goods are stored must have prohibitive and warning signs outside and inside: “Dangerous”, “Smoking is strictly prohibited”, etc.

17.    The dispatch clerk (forwarder) and/or carrier (operator) who carry out operations with dangerous goods must have an employee with a relevant certificate in the field of carriage of dangerous goods.

18.    During fulfillment of the cargo handling operations (loading/unloading, sorting, storage, transportation within the harbour and surrounding area) with dangerous goods, a local system for warning the persons living in the area of ​​possible damage and working staff must be taken into account.

Article 55. Cargo handling operations

1.  Loading/unloading of flammable liquids into tankers is carried out at a specialized berth, a pouring site without a berth or on the roadstead - from the side, in accordance with the requirements of ISGOTT.

2.  When carrying out cargo handling operations, the terminal operator must take measures against electrical conductivity in accordance with the requirements of ISGOTT.

3.  In an oil/gas terminal, the cargo handling operations related to oil and flammable liquids, taking into account the safety requirements, must be carried out in a closed method (the flange of the shore cargo line hose must be tightly connected to the tanker’s intake pipe in order to exclude leakage of flammable liquid from the hose; all openings on the tanker deck must be closed, except for the tank ventilation system).

4.  The cargo handling operations of tankers with a deadweight (DW) of 8,000 tons and above shall be carried out in terms of the inert tanks, the oxygen “O2” content in the tanks shall not exceed 8%. Hydrogen sulfide “H2S” content in the tanks prior to loading of the tanker shall not exceed 5 (five) ppm in order to prevent environmental contamination with this harmful substance during loading.

5.  In order to prevent the spillage of flammable liquids and oil on deck or into the sea, the watchkeeping service of tankers and fuel carrier vessels shall constantly monitor the condition of the shut-off valves (caps) and cargo hoses and keep all openings of the vessel closed in order to prevent the entry of flammable liquids and oil into the harbour water areas in case of an emergency spill of flammable liquids.

6.  In case of leakage of flammable liquids from external discharge pipelines (sleeves, hoses, etc.), trestles and lots for collecting flammable liquids shall be placed at site of their connection.

7.  In case of oil spillage during cargo or bunkering operations, handling of the ship shall be stopped, a general ship alarm shall be sounded on board, and the duty service of the oilfield of the harbour operator shall take effective measures to clean up the contaminated areas of the harbour water areas and the harbour territory, as well as call the Fire Protection Service and the Port State Supervision and Control Service to draw up the relevant documents.

8.  If the shore and ship pipeline connecting devices are not equipped with a special irreversible valve or other device that eliminates the spillage of flammable liquids, then before their separation, after completion of the cargo handling operations, they must be emptied. The working hoses must be lifted up using cargo booms, brackets, etc.

9.  During the cargo handling operations, a tanker is prohibited from:

a)  having explosive and flammable substances on deck;

b)  washing the ship tanks, except for crude oil washing (COW);

c)  degassing.

10.    In addition to the requirements established by the Article hereof, during unloading flammable liquids at the roadstead, a towed barge/lighter must comply with the following conditions:

a)  while the vessel is anchored, the instructions of the Port State Supervision and Control Service regarding the place of berthing shall be observed;

b)  the barge/lighter shall be brought to the side of the tanker with extreme caution to avoid collision, friction or pressure;

c)  the sides of the tanker, barge/lighter shall be equipped with soft suspension cushions;

d)  loading/unloading flammable liquids onto/from the barge/lighter shall be carried out only in a closed manner, through the appropriate pipeline;

e)  in case of storm conditions, unloading/loading may be interrupted at the discretion of the tanker master. In this case, the barge/lighter shall be removed from the tanker’s side and placed on anchor;

f)   during the cargo handling operations in the roadstead, a tugboat equipped with fire-fighting equipment shall be on duty in order to immediately provide assistance to the tanker in case of fire;

g)  the barge shall be equipped with electric lighting that complies with the requirements established by the classification societies for this type of vessel;

h)  cargo handling operations shall be prohibited while the ship is in motion, except in special cases, which shall be agreed with the Port State Supervision and Control Service;

i)   it is not allowed to simultaneously load flammable liquids with an explosion temperature of less than +23˚C into two barges.

11.    During fulfillment of the cargo handling operations with flammable liquids in a harbour or on a roadstead, a red flag “B” (BRAVO) must be hoisted on the ship during the day, and a red flashing light at night.

Article 56. Handling of Flammable Liquids in Containers

1.  In the harbour operator, the squares / berths shall be specially designated / fenced and equipped with fire-fighting equipment for reception, loading and unloading of flammable liquids in containers, which must be located at a distance of at least 200 meters from other cargo handling areas.

2.  Flammable liquids with an explosion temperature of less than +60˚C shall be delivered by the owner to the harbour operator for loading directly to the ship’s side, and the flammable liquid shall be removed from the harbour operator immediately after unloading from the ship. Flammable liquids (subclass 3.3) with an explosion temperature of +23˚C to +60˚C may be unloaded in exceptional cases at the berth, if there is a specially designated area for this, provided that the owner removes the cargo from the harbour operator no later than 24 (twenty-four) hours after unloading.

3.  Spillage of flammable liquids on the territory of the harbour operator is prohibited.

4.  Loading and carriage of flammable liquids in containers shall be carried out in accordance with these Rules and the requirements prescribed by the applicable legislation of Georgia.

5.  Carriage of flammable liquids (as cargo) is prohibited:

a)   on a passenger ship;

b)   on a cargo-passenger ship;

c)   on a cargo ship, if it takes passengers on board;

d)   on rail/passenger and motor/passenger ferries.

6.  A ship carrying flammable liquids of IMO class 3.1 or/and subclass 3.2 is prohibited from fulfilment any towing operations.

7.  Loading and unloading operations related to flammable liquids or their containers at night on the ship and on the shore, as an exception, is permitted upon notification of the harbour operator administration and the Port State Supervision and Control Service, subject to the following conditions:

a)   illumination of the workplaces must be at least 45 (forty-five) lux;

b)   level of illumination is ensured by floodlights located at least 50 (fifty) meters from the perimeter of the workplace, as well as by portable lighting using explosion-proof lanterns.

8.  Lifting and lowering of the cargo placed in containers must be carried out smoothly during the cargo handling operations, without concussion and without hitting the cargo against each other or the ship’s side. It is necessary to place shields and mats in the places where impacts are expected.

9.  Use of double lashings during cargo handling operations of the barrels filled with flammable liquids of IMO class 3.1. or subclass 3.2 is prohibited. A net made of hemp rope or other materials shall be used during loading/unloading.

10.    Entry of a ship loaded with flammable liquids in containers into the holds is permitted only after they have been ventilated, with a non-explosive hand-held battery-powered flashlight and rubber boots.

11.    Before staring the sea carriage, the consignor must clean the empty container from flammable liquids and confirm this by signing the freight order (loading document) and the sea waybill. In such cases, the carriage of flammable liquids in containers is carried out in the same way as the carriage of ordinary cargo.

12.    In case if the container is not cleaned, it must be carried in the same way as dangerous goods.

13.    In the freight order and the sea waybill accompanying the container, the name of the cargo that was last carried in this container shall be indicated in red in the column “Cargo name”.

14.    The consignor shall be responsible for fulfillment of the requirements prescribed by the paragraphs 11, 12 and 13 of this Article.

Chapter XI

Passenger Transportation Operations

Article 57. General Provisions

1.  The passenger ships are handled only at the passenger berths.

2.  Passengers, ship crew and their family members are transported to the water areas and on the roadstead by harbour floating facilities intended for transportation of people, organization of the service is provided by the ship agent in accordance with the regulations.

3.  It is prohibited to carry more passengers than the permissible number specified in the certificate issued by the Classification Society on board the ship.

4.  When berthing a passenger ship at a passenger berth, the terminal must clear the area surrounding the trailer rope from unauthorized persons. Passenger ship handlers/escorts must stay beyond the dividing line marked on the berth.

5.  Properly equipped checkpoints shall be set up at the passenger embarkation and disembarkation points at the berth to provide assistance to those who have fallen into the water.

6.  Rules of conduct for passengers when embarking or disembarking into/from the ship shall be posted in a prominent place at the passenger terminal on a passenger ship.

7.  A watchkeeping service shall be set up at the passenger embarkation/disembarkation point at the berth and at the ship’s ladder. The emergency devices shall be ready to provide assistance.

8.  Responsibility for organization of embarkation/disembarkation of passengers on the shore shall lie with the responsible person appointed by the harbour operator administration, and on the ship – with the ship master. The shipowners who carry passengers, as well as the owners of the maritime passenger terminals, are obliged to ensure convenient and safe embarkation/disembarkation of passengers.

9.  The maritime-passenger terminal shall consist of public, official, operational service and household premises. It shall provide for the possibility of implementation of border (for international voyages), revenue service, as well as sanitary-quarantine, veterinary and phytosanitary border-quarantine control and supervision.

10.    The schedule of passenger ship traffic, as well as information on the working hours of the ticket offices and the procedure for purchasing tickets shall be posted at the ticket offices.

11.    There shall be special explanatory inscriptions and markings in the maritime-passenger terminal premises, on the access roads and on the berth. The information bureau shall operate at the maritime-passenger terminal.

12.    The passenger terminal area must be sufficiently illuminated during the dark hours of the day and night. In addition, the lighting must not interfere with the mooring of the ship by the navigators.

13.    The passenger ship master shall be obliged to:

a)   ensure timely preparation of the ship for embarkation of passengers;

b)   prepare the services engaged in reception and servicing of passengers before starting the embarkation.

14.    The marine passenger terminal/company selling the tickets shall be obliged to hand over to the ship master a document on the tickets sold, indicating the harbour(s) of destination, before embarkation. A copy of this document shall also be handed over to the Port State Supervision and Control Service.

15.    Only persons with a passenger ticket shall be allowed on board the ship.

16.    Passenger embarkation/disembarkation must be attended by the representatives of the passenger terminal.

17.    Passenger embarkation/disembarkation must be carried out via a safe ladder, on which the chief mate regulates the rules of movement.

Chapter XII

Rules for Construction and Operation of Harbour Buildings and Equipment, Hydrotechnical Structures and Navigation Aids

Article 58. General Provisions

1.  Construction of the harbour buildings/structures and equipment, hydrotechnical structures and navigation aids (hereinafter - the Structures) on the territory of the harbour operator shall be carried out in accordance with the applicable legislation of Georgia.

2.  A legal entity or natural person (hereinafter for the purposes of this Chapter - the Person) carrying out construction on the territory of the harbour operator shall be prohibited from:

a)  obstructing berths, roads, loading platforms, fire access points and checkpoints, the coastline and towing equipment with construction materials, details, forms, blocks and/or garbage;

b)  littering and polluting the harbour water areas.

3.  A person who carries out construction and other works on the territory of the harbour operator on the structures, the data of which must be included in the navigation manuals and marked on the maps, shall be obliged to submit to the Port State Supervision and Control Service the documents related to implementation of construction and other works provided for in this paragraph for further adjustment of the navigation manuals.

4.  Operation of existing structures of the harbour operator shall be carried out in compliance with their technical operational regulations, which have been developed for a particular type of building, structure, equipment or other facility.

Article 59. Measures for Prevention of Damage to Hydrotechnical, Berthing and other Structures

1.  The structures must be in proper condition and used in accordance with their technical operational regulations. A copy of the technical operational regulations of the harbour structures, in their updated versions, shall be submitted to the Agency.

2.  Before the ship approaches the berth, the protrusions shall be removed from the sides of the ship and secured in such a way as to prevent damage to the berth and the equipment on it.

3.  When mooring to the berth, the ship speed shall not exceed 0.3 knots and the angle of approach to the berth shall be as close as possible to zero.

4.  In case if the conditions prescribed by the paragraph 3 of this Article cannot be met, the ship master shall make every effort to prevent damage to the berth and washing out of the bottom.

5.  During the mooring operation, the measures shall be taken to prevent the ship’s hull from contacting the berth structure, unless the latter is protected by means of safety devices and protective pads are properly applied.

6.  A ship of more than 5,000 tons of displacement shall not be permitted to attach more than two mooring lines to one mooring post.

7.  When mooring a ship at a piled berth, it is prohibited to lean the ship outwards due to the risk of damaging the piles.

8.  It is prohibited to conduct mooring trials with a running screw near hydrotechnical structures, unless these structures are used for mooring trials.

9.  If the ship leaves the berth without a tug, then the engines must operate at the slowest speed until the ship’s side is at least 10 meters away from the berth.

10.    If the ship cannot maneuver independently, then a tugboat must be called.

11.    The master of a ship that has damaged a hydrotechnical, berthing or other structure shall be obliged to immediately notify the Port State Supervision and Control Service.

12.    In case the ship damages the berth or other hydrotechnical structure, an act shall be drawn up with participation of the harbour operator administration, the Port State Supervision and Control Service and the inspector appointed by the shipowner.

13.    The ship master shall be obliged to comply with the prescribed requirements for protection of the structures when sailing in the harbour water areas and on the roadstead and when the ship is anchored.

Article 60. Navigation Aids

1.  Navigation aids on the approaches (channels) of the harbour operator and in the internal water area shall comply with the requirements of the “Unified System of Fencing Navigational Hazards with Floating Warning Signs” (left red “A”) adopted at the 1980 Conference of the International Association of Light Services in terms of appearance, color, light characterizes and location.

2.  Without agreement with LEPL State Georgian Hydrographic Service and the Agency, it is prohibited in the harbour water area to:

a)   install, remove or move the navigation aids;

b)   install lights in the zone of operation of the illuminated coastal and floating navigation aids;

c)   stow cargo in the zone of operation of identification, harbour-navigational station signs.

3.  Changes in the navigation aids or their technical characteristics must be immediately published in the mariners’ notices.

4.  Areas for the removal of property (ships, floating facilities, etc.) that impede navigation and are sunk in the harbour water areas must be marked with navigational enclosures.

5.  Without agreement with the harbour operator and the organizations that carry out dredging works and install the navigation aids, it is prohibited to lay bridges, overhead cables, passages, electricity and communication lines, pipelines at the harbour entrances (channels) and in the harbour territory, as well as to build radio systems in the zone of operation of coastal radio navigation facilities.

6.  Any action disrupting the navigation aids is prohibited.

7.  A ship is prohibited from docking near a floating lighthouse, buoy and navigation aids.

8.  In case of detection of a malfunction or movement of the navigation aids, a person shall be obliged to immediately notify the Port State Supervision and Control Service.

9.  If a ship or a person damages the navigational aids, the ship master, the organization responsible for the navigational aids and the Port State Supervision and Control Service shall draw up a joint act regarding such damage.

Article 61. Prevention of Damage to Cables and Pipelines

1.  Information on commencement of the operations related to laying and relocation of submarine and underground cables and pipelines shall be provided in advance to the Port State Supervision and Control Service. In addition, the operations shall meet the requirements of the Article 11 of the Maritime Code.

2.  Submarine cables and pipelines, the depth of which insertion does not ensure their safety during anchoring, must be surrounded by the clearly visible warning signs during the day, and with luminous signs during the dark period of the day and night by the owners.

3.  The coastal and water area route, along which pipelines and cables are laid and surrounded by warning signs is the prohibited area.

4.  The following are prohibited in the prohibited area:

a)   dropping an anchor, fishing, approaching the shore, setting a raft, slipping of timber, etc.;

b)   lifting an anchor by ship’s facilities in case of a forced anchoring.

5.  The Port State Supervision and Control Service or/and the VTS service must be immediately notified of the forced dropping of an anchor, and further actions must be taken in accordance with the instructions of these services.

6.  The anchor lifting process must be attended by the representative of the Port State Supervision and Control Service and the cable (pipeline) owner.

7.  Divers’ operations in the harbour water areas is carried out only with prior notification of the Port State Supervision and Control Service.

8.  During the diving operations, in the daylight period, one flag “A” (ALFA) (“Keep clear of me, I am engaged in submarine operations”) should be hoisted in a visible place on the diving vessel, in accordance with the requirements of the ICS, and at night, two green lights visible vertically one above the other on the entire horizon. Similar signals must be hoisted on board the ship of which diving operations are being carried out.

9.  The ship shall be obliged to slow down to the permissible limit and exercise caution when passing the site of diving operations.

10.    Dropping an anchor is allowed at a distance of at least 200 meters from the site of diving operations.

11.    The ship’s approach to the site of diving operations, its mooring to a diving ship or a ship on board of which diving operations are being carried out, is prohibited.

12.    Operation of a propeller on a ship on board of which the diving operations are being carried out is prohibited.

13.    When a ship moves into the area of the harbour operator where diving operations are being carried out, the harbour operator administration shall be obliged to warn the diving ship about this in advance, for at least 1 (one) hour.

14.    Diving operations shall be suspended upon request of the Port State Supervision and Control Service.

Article 62. Rules for Use of Radio Communication Facilities in the Harbour Water Area

1.  When a ship enters the harbour, navigates in the harbour waters, is berthed and leaves the harbour, it is prohibited to use medium and short-wave radio equipment, except for the VHF radio station. Prohibition specified in this paragraph does not apply to the following cases:

a)   when the ship is in danger or transmits a message for the purpose of avoiding disaster;

b)   if the ship is rendering assistance to another ship in danger

c)   in case of agreement with the Port State Supervision and Control Service.

2.  When sailing in the harbour waters, a ship equipped with a VHF radio station shall be obliged to keep it in the receiving mode for 24 (twenty-four) hours and to have radio communication with the shore on the appropriate frequencies.

3.  When sailing in the harbour waters, the VHF radio stations must operate in compliance with the radio communication rules.

4.  In the harbour waters, the coastal radio stations are obliged to control the operation of ship radio stations.

5.  The radio communication channels in the harbour operator are determined by the Appendix №7 to these Rules.

Chapter XIII

Establishment of Order, Protection and Movement in the Territory of the Harbour Operator

Article 64. General Requirements for Protection of Order in the Territory of the Harbour Operator

1.  Organization of seaharbour security shall comply with the requirements prescribed by the ISPS Code and the applicable legislation of Georgia.

2.  The harbour operator / terminal shall have a security plan, which shall be developed in accordance with the requirements of ISPS CODE Part A and the recommendations and legislation provided for in the ISPS CODE Part B. The harbour operator / terminal security plan shall be approved by the Director of the Agency. The Agency shall issue the relevant ISPS certificate.

3.  The following shall be prohibited on the territory of the harbour operator:

a)   Violation of public order;

b)   Smoking tobacco, including electronic cigarettes, except in specially designated areas;

c)   Use of open flame and welding works without agreement with the Fire Protection Service;

d)   Entry and movement in the territory in a state of intoxication.

4.  Connection to the electrical network of the harbour operator, as well as to the water supply and heating system is permitted only with agreement of the harbour operator administration.

5.  Lifting and/or placing a ship on the shore or at the berth for repair or other purposes is permitted with agreement of the harbour operator administration.

6.  Lifebuoys and/or rescue balls must be placed in a visible place at the berth, with lifelines of at least 27.5 meters long.

7.  Swimming in the sea near berth, pier or walls is prohibited.

8.  Painting a ship in the territory of the harbour operator is permitted only with the consent of the Harbour Master Office and after measures have been taken for prevention of environmental pollution.

9.  Trade is permitted only in the trade facilities on the territory of the harbour operator.

10.    Excursions in the harbour operator are permitted only with the consent of the harbour operator administration.

11.    Any person staying on the territory of the harbour operator shall be obliged to present a document confirming their identity and the right to be on the territory of the harbour operator upon request by an authorized person of the harbour operator administration.

Article 64. Protection of Cargo

1.  Leaving cargo or other material values ​​on the berth or in the area is permitted only if the above cargo is handed over to the harbour operator for storage in accordance with the prescribed procedure. Otherwise, the harbour operator administration is not responsible for its safety.

2.  Cargo handed over for storage must be placed in suitable containers, stacked, in such a way that the number of places can be counted.

3.  When handling the dangerous goods in the harbour operator, its protection must be specially organized by the Security Service of the harbour operator.

4.  A person intending to set up a checkpoint on the territory of the harbour operator for the purpose of protection of his/her cargo must obtain the written consent of the harbour operator administration and agree on the job descriptions for the checkpoint staff and the checkpoint procedure with the Security Service of the harbour operator.

Article 65. Movement and Parking of Vehicles or Pedestrians on the Territory of the Harbour Operator

1.  Movement and parking of vehicles and pedestrians on the territory of the harbour operator shall be carried out in accordance with the traffic rules.

2.  The driver of a vehicle shall drive on the territory of the harbour operator only on the carriageway designated for this purpose. In order to ensure the safe movement of pedestrians, the territory of the harbour operator shall be equipped with the signs corresponding to their movement.

3.  As a rule, two-way traffic shall be ensured on the territory of the harbour operator.

4.  The vehicles and pedestrians are allowed to cross the railway and crane tracks only at crossings specially arranged for this purpose. Close blocking of the crossings with wagons is prohibited. It is not allowed to arrange the crossings near the railway tracks and the road crossings.

5.  Movement of vehicles on the territory of the harbour operator is allowed at night only if the carriageway is properly illuminated.

6.  Following speed limits are established for vehicles on the Sea Harbour territory:

a)   for motorcars – 30 km/h;

b)   for trucks – 20 km/h;

c)   during the cargo handling operations, for cargo and other special types of transport– 6 km/h;

d)   for rail transport– 5 km/h.

7.  The following speed limits are established for vehicles on the territory of Batumi Harbour:

a)   for motorcars – 10 km/h;

b)   for trucks – 10 km/h;

8.      The following speed limits are established for vehicles on the territory of Poti Harbour:

a)   for motorcars – 30 km/h;

b)   for trucks – 30 km/h;

c)   during the cargo handling operations, for cargo and other special types of transport– 10 km/h;

d)   for rail transporton berths – 3 km/h.

9.  The speed limit defined by the paragraph 6 of this Article shall be reduced to a safe level:

a)   at pedestrian crossings and in the areas where vehicles are grouped;

b)   in the areas where there is a “slow down” sign;

c)   in the areas where road repair work is in progress;

d)   at the intersections;

e)   in the poorly lit areas;

f)    in bad weather conditions (glace ice, rain, fog, storm, etc.).

10.    During carriage of loose, dusty cargo (fine coal, cement, sand, construction waste, flour, limestone, etc.), a tarpaulin must be laid in the body, semi-trailer, trailer, and must be reliably covered on the cargo.

11.    Parking of the vehicles on the territory of the harbour operator is permitted only in the places designated for this purpose. Parking on roads, crossings, fire exits and other specially designated sections of the road is prohibited.

12.    Traffic on the territory of Poti harbour by vehicles, total height of which, in laden or unladen condition, exceeds 5.15 meters, is permitted only with the consent of the harbour operator administration.

Chapter XIV

Fire Protection Regime of the Oil/Gas Terminals of the Harbour Operator

Article 66. Organizational and Technical Basis of the Fire Protection Regime of the Harbour Operator

1.  In order to ensure fire safety in the territory of the harbour operator, a person present on its territory and in its waters shall be obliged to comply with the fire safety rules prescribed by the Rules hereof and the applicable legislation of Georgia.

2.  The Port State Supervision and Control Service shall supervise implementation of the fire safety rules by the ship crew.

3.  The manager shall be responsible for fire safety on the territory of the harbour operator.

4.  The harbour operator is obliged to have a fire-fighting tugboat or a tugboat equipped with special, high-pressure fire extinguishing equipment.

5.  Responsibility for implementation of fire safety rules, within the scope of their competence, lies with the ship masters, as well as the managers of terminals, berths, warehouses, areas and other facilities located on the territory of the harbour operator.

Article 67. Fire Safety Measures on Ships in the Harbour Operator

1.  In case of detection of a fire, a person on the territory of the harbour operator or on board the ship shall immediately notify the Fire Protection Service by any means of communication, indicate the exact location of fire and use all possible efforts to extinguish it.

2.  A ship that notices a fire on the territory of the harbour operator or on another ship shall be obliged to give an alarm signal and immediately notify the harbour master’s office about this.

3.  In case of a fire breaking out in the harbour operator or on board the ship, all ships shall prepare fire-fighting and other rescue equipment for immediate use and for going out to sea, as well as the put their engines on standby in order to provide assistance to other ships.

4.  The fire-fighting tugboat must arrive at the destination immediately, without being called, and ensure that the instructions of the head of the fire-fighting operations are followed.

5.  It is prohibited to berth a non-degassed or non-inertized ship, as well as a ship loaded with oil and chemical products, at a dry cargo berth, as well as the ship carrying dry cargo at an oil/gas terminal berth.

6.  An oil tanker may be berthed at a dry cargo berth after complete degassing of explosive gases from the ship’s tanks. Degassing is not required if the ship’s cargo tanks are protected by inert gases and the oxygen content in the tanks is less than 8%. A duly executed act reflecting the status of inertness of the ship’s tanks must also be submitted to the Port State Supervision and Control Service.

7.  A vehicle used for carriage of flammable cargo must meet the established requirements and be equipped in accordance with the procedure prescribed by the applicable legislation. In case of failure to comply with the above requirements, the vehicle will not be allowed into the harbour operator.

8.  Use of the signaling devices (pyrotechnics) in the harbour area is prohibited, except in the emergency cases.

9.  In case of ignition of an oil spill in the water area, all ships, except those directly involved in extinguishing the fire, must leave the harbour operator and moved to a safe place.

10.    It is prohibited to carry out washing/preparation and degassing operations for any purpose of cargo or auxiliary tanks, cisterns, holds or other storage facilities of any purpose and type of floating facility (oil/gas/chemical tankers, dry cargo ships, etc.) in the harbour operator and on the harbour roadstead. For such purposes, the floating facility must leave the territorial waters (12-mile zone).

Article 68. Leading the Fire-Extinguishing Operations

1.  In case of outbreak of a fire in the harbour operator, the head of this facility shall lead the extinguishing operation until arrival of the fire-fighting crew.

2.  The senior firefighter who has arrived at the site of fire shall be authorized to personally lead the extinguishing operation. The moment of handover of leadership shall be considered the moment of his/her giving the first instruction related to extinguishing the fire.

3.  From the outbreak of a fire on a ship until its final liquidation, the fire-extinguishing operation shall be led by the master of the ship in distress or his/her substitute. The said person shall be obliged to declare a general alarm on the ship, give a signal about the fire alarm and, in an organized manner, use all the forces and means available on the ship, as well as the forces of nearby ships and floating facilities coming for help from the shore, in order to extinguish the fire.

4.  The senior firefighter who arrived on site of the fire is considered to be the consultant to the master of the ship in distress (his/her substitute), at the same time performing his/her direct duties, directing the actions of subordinates and use of equipment during fire-extinguishing.

5.  As an exception, by the decision of the shipowner or at the request of the master of the ship in distress (his/her substitute), the leadership of fire-extinguishing operation on the ship may be entrusted to the senior firefighter.

6.  If a fire outbreaks on a ship without a crew, the leadership of fire-extinguishing operations is carried out by the senior firefighter who arrived on the ship in distress.

Article 69. Ensuring Fire Safety in the Territory of the Harbour Operator and its Facilities

1.  Fire prevention in the harbour operator can be ensured by fully complying with the requirements for cargo carriage, stowage, storage, processing and fire safety established by the applicable legislation on the territory of the harbour operator and its facilities.

2.  In the warehouses, official, administrative buildings and other facilities of the harbour operator, the fire safety instruction drawn up taking into account the current rules and local characteristics must be posted in a visible place, as well as the name of the person responsible for the fire safety of the facility, a list of fire-extinguishing equipment and the phone number of the fire service (it must be indicated on all phone of the harbour operator). All employees working on the facility must familiarize themselves with the instruction.

3.  All facilities of the harbour operator referred to in the paragraph 2 of this Article shall be equipped with fire-extinguishing equipment in accordance with the requirements of the applicable legislation and shall be kept in a visible, easily accessible place in good condition.

4.  All fire access points, exits, carriageways and passages shall be in order, promptly cleared of snow and garbage, and illuminated at night.

5.  Fire water supply and fire hydrants, fire sleeves and muzzles must be constantly in proper working condition, fire tanks and barrels must be full, and the boxes must be filled with sand.

6.  The berths should be equipped with arranged transitional connector (“shore”) of international standards (International Shore Connector) at the ships’ berthing sites, which in case of fire provides its connection with the transitional connector (“ship”) of international standards for the purpose of water supply.

7.  All welding operations involving the use of open flame on the Sea Harbour territory and its facilities is permitted only with the written consent of the Fire Protection Service and provided that the instructions of this Service and the head of the specified facility are followed in order to ensure fire safety.

8.  Use of open flame during the operations related to cargo securing and/or ship repair must be carried out before launching the cargo handling operations and furl supply of the ship.

9.  Use of electrical appliances, gas stoves and other heating devices in the Sea Harbour is permitted only with the consent of the Fire Protection Service.

10.    The stove is operated by a person appointed by the head of the harbour operator, who has undergone appropriate training. Heating of the stove must be stopped no later than 2 (two) hours before the end of the working hours.

11.    The motor-ship is refueled with agreement of the Fire Protection Service of the harbour operator at the specially designated place.

12.    Only electric lighting is allowed in industrial, official and warehouse buildings.

13.    Electrical tools and appliances (external and internal) must meet the electrotechnical standards and requirements.

14.    After completion of the works, the responsible persons must check the state of fire safety in all office and warehouse buildings daily.

15.    In the buildings that are closed after completion of work and are no longer checked, electrical appliances must be completely turned off, the fire in the furnace must be extinguished and water must be poured over it.

16.    Berthing of empty tanks and wagons intended for carriage of flammable and combustible liquids, as well as other fire-dangerous goods, on the territory of the harbour operator, without agreement with the Fire Protection Service of the harbour operator, is prohibited.

17.    Fulfillment of welding/cutting works on a ship (except for the specially designated welding workshop) in the harbour waters, at the berth or in the anchorage area is permitted after inspection of the workplace by the instructor of the Fire Protection Service of the harbour operator and issuance of an appropriate written permit, a copy of which must be submitted to the Port State Supervision and Control Service for further agreement. The ship master may begin the above-mentioned works after assessing the risks arising from the works to be performed, conducting preparatory fire-fighting actions and obtaining the consent of the harbour master. The harbour master must notify the duty officer of the harbour master office of the commencement and completion of the works.

18.    Oxygen cutting of ferrous and non-ferrous scrap metals is prohibited on the territory of the harbour operator, except for the specially designated areas, which the harbour operator administration agrees with the Agency in accordance with the rules for compliance with the safety requirements.

19.    The qualifications of the person performing electric and/or gas cutting and welding operations and gas flame processing of metal must comply with the requirements established by the applicable legislation of Georgia.

20.    During fulfillment of welding procedures, the harbour operator’s staff must be equipped with personal protective equipment, oxygen and carbon dioxide measuring devices (PPE).

21.    Dockers must be protected by appropriate respirators and goggles.

22.    Opening and closing directions must be indicated on cargo or fire valves. The valve should also have an open/close indicator.

Article 70. Firefighting Regime at Oil/Gas Terminal

1.  The firefighting regime at the oil/gas terminal shall be ensured in full compliance with the fire safety requirements both in the terminal territory and water area, as well as on ships within its boundaries.

2.  The oil/gas terminal shall be equipped with a fixed air-mechanical foam-extinguishing system.

3.  Firefighting water and foam pipes shall be marked with an annual pressure test sign. The cap of the firefighting foam system tank shall be closed accordingly, the foam concentrate level indicator shall be manual and the foam level in the tank shall be readable.

4.  At the oil/gas terminal:

a)  there must be fire watch rooms equipped and staffed with primary fire-extinguishing facilities in accordance with the standards prescribed by the applicable legislation;

b)  only a central (water) heating system is permitted;

c)  only electric lighting must be applied;

d)  there must be a reliable phone connection and fire alarm system. The phone numbers of the Fire Protection Service must be posted next to all phone devices.

5.  All berths at the oil/gas terminal must be equipped with a metal-free wooden or rubber barrier.

6.  The access line to the berth must be arranged and free of metal protrusions.

7.  It is prohibited at the oil/gas terminal:

a)  stacking of any containers and equipment;

b)  operation of motor vehicles and railway vehicles unless they are equipped with fire extinguishers and spark arrestors of appropriate construction;

c)  smoking, except in specially designated areas;

d)  carrying out the operations related to open flame throughout the entire territory of the oil/gas terminal and on ships moored at the berth;

e)  heating by means of a local stove;

f)   access to the berths of ships in the water area of ​​the oil/gas terminal that are not involved in loading/unloading oil;

g)  in order to ensure the safety of fire, technical and service staff at the oil/gas (air) terminals, the central evacuation road leading to and from them must be technically sound and its surface and lighting must be in good condition.

8.  The signs in Georgian and English languages should be posted in a visible place of the oil and gas terminal, which must be clearly visible during the day and at night: “Do not smoke”, “Fire hazard”, “Do not use open flame”, etc.

9.  For commencement of the cargo handling operations involving flammable and explosive goods, all fire-fighting equipment must be fully prepared at the berth of the oil/gas terminal (water and foam extinguishing systems, hoses must be placed on the decks and in the berth area, a spark arrester must be turned on, etc.).

10.    The territory and the water area of ​​the oil/gas terminal must be cleaned.

11.    Oil leakage from pipelines, connections, caps, etc. is not permitted. Upon detection of such leakage, the cargo handling operations must be stopped and the damage causing leakage must be immediately eliminated or the faulty part must be shut down.

12.    In case of an oil spillage, the operator shall take appropriate measures to immediately eliminate such spillage in accordance with the National Oil Spill Contingency Plan.

13.    Oil collectors at the berth of the oil terminal shall be systematically cleaned of accumulated oil residues and kept in good condition.

14.    In case of a fire at the oil/gas terminal, all cargo handling operations at the oil/gas terminal and on ships berthed in the harbour shall be suspended. Hoses shall be removed, and ships shall be brought to full readiness to go to sea.

Article 71. General Fire Safety Rules on Board a Ship in the Harbour Operator

1.  Fire protection facilities existed and installed on board the ship entered in the harbour operator should meet the requirements of SOLAS – 74 and the Classification Society.

2.  The ship berthed in the harbour operator shall have the fire protection facilities and life-saving appliances in full alert condition.

3.  The ship master shall issue the instructions on elimination of the deficiencies identified during the inspection of fire protection condition by the Port State Supervision and Control Service. The ship, which has not performed the fire protection measures as instructed, should not be released to sea.

4.  The holds and other facilities loaded with flammable cargo, as well as, empty capacity after unloading this cargo should be checked by the lighting devices of harbourable explosion-proof construction.

5.  Smoking aboard the ship is allowed only in the place specially designated by the Ship Administration, where the sign “Smoking Area” should be posted.

6.  Preparation of the ship carrying the flammable liquids of the subclasses 3.1, 3.2 and 3.3 in the holds or in a packed condition or the ship with the containers of flammable liquids on board, also the cargo tanks for loading (washing, cleaning, removal of cargo debris, degassing) after the flammable liquids of the subclasses 3.1 and 3.2 had been transharboured in them - is prohibited. It is permitted to use only the tools which do not produce a spark upon impact.

7.  Pyrotechnic signaling devices on board the ship must be stored in a properly secured place to prevent their misuse. The Ship Master shall be responsible for storage of the signaling devices.

8.  Use of signal rockets is permitted only for giving a distress signal.

9.  Before loading, the Ship Administration must check the electrical wiring in the holds and ensure that it is in order.

10.    The cargo handling operations related to oil must be carried out with special care, under the constant supervision of a specially appointed Chief Mate.

Article 72. Fire Safety during Oil Tanker Handling

1.  Access to the oil/gas terminal tanks (onshore tanks), as well as into the ship (tanker) tanks after carriage of crude oil and petroleum products, is permitted only after their preliminary washing and degassing. If necessary, qualitatively safe equipment should be used.

2.  Access to the enclosed spaces is permitted only after their preliminary washing and/or degassing/ventilation, in compliance with and through adherence to the relevant requirements, oxygen replacement should be 20.9%, toxic gas replacement should be less than the threshold limit value (TLV); hydrocarbons - less than <1% LEL.

3.  The pipe for loading the flammable liquids of IMO Subclasses 3.1 and 3.2 shall have:

a)   a non-ferrous metal or non-ferrous metal-clad flange;

b)   a copper wire or plate, the end of which shall be welded to the flange to create a static-free circuit.

4.  The cargo, the temperature of which before loading into the tanker differs by 5 degrees from its explosion temperature, shall be classified as flammable liquids of IMO Subclasses 3.1 and 3.2 and shall be loaded in accordance with the appropriate conditions.

5.  When loading/unloading flammable cargo of IMO Subclasses 3.1 and 3.2 into the tanker, the following shall be prohibited:

a)   use of open flames;

b)   use of harbourable electric heating devices, as well as harbourable electric cables of the ship and the shore network.

6.  During the cargo handling operations on the ship carrying flammable liquid cargo of IMO Subclasses 3.1 and 3.2, the movement of persons not involved in the cargo handling operations on the cargo deck is prohibited.

7.  Movement on the cargo deck shall be carried out by specially designated walkways or/and gangways, which shall have a non-slip surface and shall be enclosed by railings.

8.  A person involved in loading or unloading operations of flammable cargo of IMO Subclasses 3.1 and 3.2 on the cargo deck shall wear safety footwear and shall not carry matches, lighters, telephones, other electrical equipment and metal objects that may cause sparks if dropped on the metal deck.

9.  Loading/unloading of flammable liquids of IMO Subclasses 3.1 and 3.2 is prohibited during deteriorated meteorological (thunderstorm) conditions. At this time, the tanker, holds and gas pipelines must be closed.

10.    When servicing a tanker with a tugboat, the same fire protection regime must be applied to the towed vessels and the tugboats.

11.    When a non-self-propelled oil tanker barge is transferring flammable liquid cargo to an oil/gas terminal or a ship, the tugboat should stay alert near the barge in order to immediately remove the barge from the oil/gas terminal/ship, if necessary.

Chapter XV

Prevention of Pollution of the Harbour Water Area

Article 75. Protection of Harbour Water Area from Pollution

1.    Protection of the harbour water area from pollution is regulated by the National Oil Spill Contingency Plan at Sea, the Law of Georgia on the Maritime Rescue Service, the Law of Georgia on the Maritime Space and other normative acts.

2.    The harbour operators and oil terminals must have the level I and II oil spill response technical equipment, the contingency plans and have appropriately trained oil spill response teams.

3.    It is prohibited to discharge the wash water of the Exhaust Gas Cleaning System of the ships into the sea in the harbour water area.

4.    Drying of the holds must be carried out in advance, before the ship reaches the external roadstead in the open sea.

5.    Spilling of ballast water from oil tanks, removal of bilge water (oil-contaminated water) and drying of cofferdams, as well as dumping of tank washings into the sea are prohibited. Waste accumulated on the ship must be delivered to the shore in accordance with the established procedure.

6.    Use of the chemical preparations for liquidation of spilled oil without agreement with the Agency and the relevant body of the Ministry of Environmental Protection and Agriculture of Georgia is prohibited.

7.    A ship at a roadstead or berth that notices oil on the water surface shall be obliged to immediately notify the Port State Supervision and Control Service.

8.    If spilled oil is detected in the harbour water area, the Port State Supervision and Control Service shall notify the Maritime Rescue and Coordination Center, the Coast Guard Department and the Conventional Division of the Black Sea Protection of ​​the State Sub-Agency Department of Environmental Supervision of Georgia of the Ministry of Environmental Protection and Agriculture of Georgia.

9.    In case of an oil spill, ​​the Conventional Division of the Black Sea Protection of ​​the State Sub-Agency Department of Environmental Supervision of Georgia of the Ministry of Environmental Protection and Agriculture of Georgia shall draw up an act on spillage indicating the estimated amount of spilled oil.

10.  The ship master shall ensure:

a)    prevention of oil and oil mixtures of any concentration, as well as fecal waters, food waste, household garbage, chemical substances and contaminated water from entering the sea;

b)    sealing/closing those valves and devices on the ship that may pollute the sea before entering the territorial sea of ​​Georgia.

11.  A ship moored at a roadstead or berth shall, in case of a risk of sea pollution from their ship, immediately notify the Port State Supervision and Control Service, the the Conventional Division of the Black Sea Protection of ​​the State Sub-Agency Department of Environmental Supervision of Georgia of the Ministry of Environmental Protection and Agriculture of Georgia.

Article 74. Reception Facilities of the Harbour Operator

1.    The harbour operator administration shall be obliged to ensure reception of household, hazardous and cargo wastes from ships in order to eliminate the dumping/discharging of waste from the ships into the sea and to protect the marine environment from the consequences caused by such actions.

2.    Protection of the harbour territory and the harbour water area from household, hazardous and cargo wastes from the ships is ensured in accordance with the requirements of the Law of Georgia “Waste Management Code” and the Directive (EU) 2019/883 of the European Parliament and of the Council of April 17, 2019, on harbour reception facilities for the delivery of waste from ships.

3.    Dumping/discharging of household, hazardous and cargo wastes from the ships in the territory of the harbour operators is prohibited.

4.    Waste accumulated on the ship must be delivered to the shore in accordance with the established procedure. The harbour operator shall be obliged to receive waste generated as a result of operation of the ship.

5.    If the ship has a waste storage facility, however the existing storage facility is not sufficient to store the waste generated during the navigation from the moment the ship leaves the harbour until its next harbour of call, the ship shall be obliged to deliver such waste before leaving the harbour. In the case that no next harbour is designated, it shall be obliged to deliver such waste.

6.    The harbour operators shall ensure:

a)    accessibility of the harbour reception facilities for the ships;

b)    availability of the harbour reception facilities of adequate capacity to receive a sufficient amount of waste from the ships using the services of the harbour operator, taking into account the following circumstances:

b.a)    the needs of the users of the sea harbour;

b.b)    the capacity and location of the sea harbour;

b.c)    the type of ships entering the sea harbour;

c)    simplicity and feasibility of the formalities and practical arrangements for use of the harbour reception facilities, in order to avoid undue delay of the ships;

d)    management of waste from the ships at harbour reception facilities in an environmentally sound manner.

7.    Reception and treatment of waste shall be carried out in such a way as to avoid environmental pollution and littering as far as possible.

8.    The harbour operator shall ensure that the following information is available to the ship operators in accordance with the plan:

a)    the location of the harbour reception facilities per berth and their operating hours, if any;

b)    the list of wastes to be received/delivered at the harbour operator;

c)    the list of contact persons, operators of harbour reception facilities and the list of services offered;

d)    description of waste delivery procedures;

e)    waste delivery fee.

9.    The harbour operator shall be obliged to develop a waste management plan in accordance with the Law of Georgia “Waste Management Code”.

Article 75. Fuel Supply in the Harbour

1.    The fuel supply to the ship is carried out after its proper preparation, which should be confirmed by the information sent by the ship to the Port State Supervision and Control Service.

2.    The fueling the ship is carried out in agreement with the Port State Supervision and Control Service.

3.    The ship must be provided with a technological scheme/plan for reception of fuel (fueling) and the document on readiness to receive fuel signed by both parties.

4.    Depending on the number of ships in the harbour waters and the intensity of traffic, the location of the bunkering operation (berth or roadstead) is agreed with the Port State Supervision and Control Service.

5.    Loading of liquid fuel into a ship is prohibited if:

a)    the fuel recipient (to be bunkered) and fuel supplier (bunkering) ships have not carried out fire-fighting and marine pollution prevention measures in preparation for fueling;

b)    any fixed fire-extinguishing system is out of order;

c)    the operations related to welding and metal chipping works are being carried out on the ship;

d)    in other cases, established by the international legislation.

6.    After completion of bunkering, the bunkering ship shall submit to the recipient ship (to be bunkered) a bunker delivery note/document, which shall comply with the requirements of the Annex 6 to the MARPOL Convention.

Article 76. Comprehensive Inspection of Labor Protection, Safety Equipment, Industrial Sanitation, Fire and Navigation Safety and Environmental Protection Conditions of the Harbour Operators and the Terminals

1.    The Agency shall carry out a comprehensive inspection of the labor protection, safety equipment, industrial sanitation, fire and navigation safety and environmental protection conditions of the harbour operators and the terminals.

2.    The basis for conducting a comprehensive inspection shall be the order of the Director of the Agency. The comprehensive inspection shall be carried out by the appropriate authorized persons of the same Agency.

3.    The administration of the harbour operator or the terminal, the heads of the services according to their area of management, the persons who supervise the accurate and safe operation, as well as the persons who are responsible for the labor protection conditions at the inspected facility, shall directly participate in the comprehensive inspection.

4.    In order to justify the necessary measurements, calculations or other technical issues, the harbour operator or terminal administration shall be obliged to submit a relevant specialist to the commission or to invite him/her from another organization.

5.    According to the results of the comprehensive inspection, the commission shall draw up an act in the prescribed form, which shall be signed by the persons participating in the inspection from the Maritime TransportAgency and the inspected organization.

6.    Deficiencies / incompliances discovered during the comprehensive inspection must be eliminated by the harbour operator / terminal within the period specified in the inspection act. Upon correction of each deficiency/incompliance, the harbour/terminal must notify the Maritime Safety and Security Division of the Agency in writing.

7.    In case of failure to eliminate the defect/incompliance provided for in the paragraph 6 of this article, liability shall be determined by the Law of Georgia “Code of Administrative Offenses of Georgia”.

8.    The act shall be drawn up in 3 (three) counterparts, 1 (one) counterpart shall remain with the inspected organization.

9.    The harbour operator shall be obliged to submit information on waste, upon request of the Agency, in accordance with the form developed by the Agency.

Section II

Customs of the Harbours

Chapter XVI

Customs of the Harbours

Article 77. General Provisions

The customs of the harbour shall be applied in one of the cases provided for in the Article hereof:

a)  no contract of carriage has been concluded;

b)  the contract of carriage by sea or bill of lading (marine bill of lading) does not take into account the requirements specified in this Chapter;

c)  an arrangement is made in the contracts of carriage by sea and/or purchase of goods, as well as in other equivalent documents, regarding the application of the customs of the Georgian harbours.

Article 78. General Rule for Conducting Cargo Handling Operations

The ship is obliged to berth at the berth specified by the harbour operator administration for cargo handling operations, provided that the minimum under-keel navigation depth and the main criteria ensuring the stable condition of the ship are constantly maintained.

Article 79. Information about Entry of Ship into the Harbour

1.  A ship shall be considered to have arrived at the harbour if it has crossed the officially established harbour limit or/and has dropped an anchor, and to have departed from the harbour if it has crossed the harbour water area or external harbour limit.

2.  The master of a ship leading to the harbour shall be obliged, directly or through the ship agent, to notify the harbour operator administration of the date and estimated time of entry into the harbour, 7 (seven) days prior to entry into the harbour, and subsequently 72, 48 and 24 hours prior to entry, as well as to specify in addition the time of entry into the harbour by radio telephony 2 (two) hours prior to entry.

3.  If the estimated time of arrival of the ship within 24 hours before arrival at the harbour differs by 2 or more hours from the last estimated time of arrival given on the previous or the same day, then the ship master shall immediately notify the harbour operator administration and the nominated agent of the change in the estimated time of arrival of the ship at the harbour.

4.  If the ship’s passage from one harbour to another requires less than 48 (forty-eight) hours, then no later than 1 (one) hour after departing from the previous harbour and at least 2 (two) hours before entering the second harbour, the ship master shall notify (transmit a radio notice) of the ship’s entry into the harbour to the ship agent, or in the case provided for in the Articles 10(6) and (7) of the Rules hereof - to the relevant services and bodies of the harbour operator administration.

5.  The ship agent shall be obliged to transmit the relevant notification (radio notice) to the Port State Supervision and Control Service, the Harbour operator administration, the Revenue Service and the border authorities, as well as other stakeholders, and the written notification (radio notice) shall be transmitted to the cargo terminal, the consignee/consignor after the ship’s arrival at the roadstead.

6.  The master of the fishing vessel shall provide the notification (radio notice) to the Port State Supervision and Control Service before entering the harbour.

7.  The initial notification of the ship master (sent 7 (seven) days in advance) shall include the following information:

a)   Name and flag of the ship;

b)   IMO number of the ship;

c)   Name of the shipowner;

d)   Harbour of departure (last harbour of call, fishing area);

e)   Ship draft at the bow and stern;

f)    Lifting capacity, dimensions of the ship;

g)   Number of passengers;

h)   Name of cargo, special characteristics, quantity, weight of each batch and their placement on deck, twin deck and holds (in case of straight-through holds – in each hatch); weight and placement of cargo exceeding 8 (eight) meters (unit size) or 10 (ten) tons; amount of ballast, the place of ballast taking and de-ballasting time;

i)    Name and contact details of the consignee and consignor;

j)    Request for fuel (bunker), drinking water, supplies, auxiliary operations and waste reception/delivery operations.

8.  The shipowner shall be responsible for missing of relevant information or the incomplete or delayed provision of this information by the ship master, which will delay the berthing or handling of the ship. All this must be noted in the ship presence registration documents (time sheet) in the harbour operator.

9.  The ship master shall be obliged to immediately notify (send a radio notice) to the harbour operator administration, directly or through the ship agent, in order to avoid violation of the estimated time of entry of the ship into the harbour. In case of delayed delivery, failure of delivery of the above-mentioned notification (radio notice) or delayed or incorrect provision of other information provided for by this Article by the ship master, the laytime shall be increased by 24 (twenty-four) hours.

Article 80. Acquisition of Free Practice 

1.  A ship shall acquire the right to free practice after docking at a berth, and in special cases - after fulfillment of the border, the Revenue Service sanitary-quarantine, veterinary and phytosanitary border-quarantine formalities. The time allotted for cargo handling operations (laytime) is calculated from this moment.

2.  Before acquisition of free practice, the ship must hoist a yellow flag ‘Q’ (Quebec) from the moment of entry into the territorial waters of Georgia.

3.  Based on the ship documents and the ship master application for entry into the harbour, the Port State Supervision and Control Service shall draw up the ship’s entry into the harbour, which shall include registration of the ship’s entry into the harbour, as well as stamping the ship master’s application for entry into the harbour and the ship crew list, indicating the time of acquisition of free practice. A document confirming entry into the harbour - a written consent shall be issued to the ship master.

Article 81. Readiness of Ship for Cargo Handling Operations

1.  The ship master shall give a written notice of readiness of the ship for loading or unloading (Notice of Readiness) directly or through an agent to the harbour operator and to the consignee/consignor - after completion of the procedures of the Revenue Service on board the ship and acquisition of of free practice, during the working hours of the harbour operator.

2.  The ship cargo storages (holds) shall be properly cleaned and equipped with all necessary equipment for loading the given cargo prior to commencement of the loading operations.

3.  A written notice of readiness of the ship for cargo handling operations (radio notice) shall be considered to have been given only after the relevant cargo storage (hold) and/or tank of the ship intended for loading or unloading of a specific cargo has been brought into actual readiness.

4.  A ship shall be considered ready to load bulk cargo if all draft marks are visible and the ship has a cargo scale and other necessary documents.

5.  The cargo handling operations involving dangerous goods are permitted only after the ship master has submitted a “Dangerous Goods Carriage Certificate” to the Port State Supervision and Control Service, the relevant cargo terminal and the harbour operator administration.

6.  The requirement of the paragraph 5 of this Article shall not apply to the specialized vessels built for carriage of dangerous goods (tankers, chemical tankers, gas carriers, etc.).

7.  For tankers, chemical tankers and gas carriers, the readiness of the ship for the cargo handling operations will be confirmed after an agreement reached between the ship and the terminal representatives according to the ‘Ship-Shore Safety Check List’ document and an inspection of the ship by the harbour operator / terminal representative (Safety Officer or Loading Master).

Article 82. Laytime Counting

1.  In case if a written notification (radio notification) of the readiness of a dry cargo ship for the cargo handling operations is transmitted by the master before 12 (twelve) o’clock, the counting of the laytime shall begin at 13 (thirteen) o’clock of the same day, and if the above-mentioned notification (radio notice) is issued after 12 (twelve) o’clock - from 9 (nine) o’clock of the next day.

2.  For tankers, counting of the laytime shall begin 6 (six) hours after delivery of the written notification (radio notice) of the ship, regardless of whether this ship is at the berth or not.

Article 83. Distribution of Costs in the Harbour Operator

1.  In accordance with the application of the ship master, movement of the ship in the territory of the harbour operator, as well as the receipt of bunkers, supplies, food and materials, repairs, etc., shall be carried out at the expense of the ship.

2.  Each movement of the ship from one berth to another, which is not provided for by the ship master’s application, shall be carried out at the expense of the harbour operator or the customer.

Article 84. Time and Remuneration for Cargo Handling Operations

1.  The ship master shall be obliged to load or unload cargo throughout the day, including on Sundays and holidays.

2.  When stopping cargo loading or unloading operations, as well as in case of strong wind, rain and snow, the ship’s hold roof and hatches shall be closed.

3.  During the cargo handling operations, the time delayed due to the ship or crew shall be deducted from the laytime, taking into account the conditions specified in the Articles 131 and 132 of the Maritime Code of Georgia.

Article 85. Cargo Handling Operation Standards

1.  The minimum standard for loading and unloading a ship in the harbour operator for one “good weather working day” (day and night) is determined by the harbour operator administration.

2.  The minimum standards for loading/unloading a ship in the harbour operator do not apply to general and packaged cargo, if the weight of each unit of above-mentioned cargo exceeds 10 (ten) tons and/or the length - 8 (eight) meters.

3.  When loading oil, the oil terminal performs the connection and disconnection of pipes at the expense of the consignor/consignee, unless otherwise provided for by the contract.

Article 86. Cargo Separation

1.  Upon the instructions of the consignor, the ship has the right to hand over the separation cargo and cargo securing devices provided by the consignor (charterer) to the harbour operator.

2.  The ship is obliged to provide heavy deck cargo with special equipment (turnbuckles, clamps, steel guys) and other securing devices.

3.  Installation of the bars for reception of cargo on the deck and securing of cargo is carried out in agreement with the consignor (charterer), at the expense of the consignor and under his/her own responsibility, regardless of who performs the specified work (the ship crew, the consignor or the forwarder).

4.  The shipowner shall provide separation and securing means for liner ships.

5.  The ship master shall ensure that the cargo is distributed and stowed in the ship’s cargo storages (holds) in a manner that is safe for navigation. This requirement shall apply even when the loading of the ship, stowage, distribution or trimming (moving) of the cargo is carried out by the cargo owner/forwarder.

Article 87. Conditions for Handling of Moisture-Hazardous/Bulk Cargo

1.  When handling the moisture-hazardous cargo:

a)   The ship master / the harbour operator / the cargo terminal has no right to require loading / unloading of the ship during unfavorable hydrometeorological conditions for cargo handling operations or cargo (rain, snow, strong wind, lightning, etc.) and within 2 hours after termination of these events. In addition, this time is deducted from the laytime on the grounds of unfavorable weather, if loading/unloading was not actually carried out;

b)   Individual batches of timber must be marked with paint or other distinguishing means by the consignor and at the expense of the latter.

2.  When handling the bulk cargo:

a)   The ship shall be considered ready for loading and unloading if the draft marks of the ship are clearly marked on both sides of the ship’s bow, stern and amidships, and the ship’s documents contain an official “load scale” and other documents (hydrostatic tables or curves, etc.), according to which it is possible to determine the amount of cargo loaded on or unloaded from the ship by measuring and calculating the draft, according to the data available in the documents;

b)   When determining the weight of cargo loaded on or unloaded from the ship by measuring the ship’s draft, the ship master shall, in addition to the necessary ship documents, provide the inspector with additional data on the supplies available on the ship both prior to commencement of the cargo handling operations, as well as during and after the cargo handling operations.

Article 88. Registration of Cargo Documentation

1.  The consignor shall be obliged to present the bill of lading/shipping invoice and other documents related to the cargo to the ship master for signature.

2.  The ship master shall be obliged to deliver or receive the cargo according to the number of cargo places, in accordance with the bill of lading/shipping invoice.

3.  Receipt of the cargo shall be confirmed by the signature of the consignee or his/her representative on the bill of lading/shipping invoice.

4.  The inspector’s report or act shall be drawn up after the cargo handling operation of the ship, on the basis of the ship’s displacement or tallyman (cargo count) or other document drawn up by the ship crew, forwarder or authorized cargo count (tallyman) company.

5.  All parties involved in the cargo handling operation shall be obliged to provide full information related to the cargo to the inspector appointed by any party.

Article 89. Definitions of Cargo Handling Operations and Timing

The following definitions related to the cargo handling operations and timing in the maritime carriage and transportation contract shall have the following meanings:

a)  “approximately (at a certain) date” – deviation in either side by 5 (five) days;

b)  “approximately at the beginning of the month” – from the 1st to the 10th (tenth) day;

c)  “approximately in the middle of the month” – from the 11th to the 20th (twentieth) day;

d)  “approximately at the end of the month” – from the 21st to the end of the month;

e)  “in the middle of the month” – the 15th (fifteenth) day;

f)   “end of the month” – the last date of the month;

g)  “end of the month or beginning of the following month” – the last five days of the month or the first five days of the next month;

h)  “first half of the month” – from the 1st to the 15th (fifteenth) day;

i)   “Second half of the month” – from the 16th (sixteenth) day to the end of the month;

j)   “Evenly over a period of time” – the ship is called or the goods are loaded evenly over the specified period;

k)  “Consecutive days” – the laytime, calculated according to calendar days, including weekends, Sundays and holidays;

l)   “Consecutive days excluding Sundays and holidays” – the laytime, calculated according to calendar days consecutively, excluding Sundays and holidays;

m) “The ship is free from loading costs” – the ship is loaded provided that the cargo is delivered to the edge of the ship’s side at the expense of the consignor, and loading from the edge of the ship into the holds and fulfillment of the hold works is carried out at the expense of the ship;

n) “The ship is free from loading costs including loading into the hold” – loading of cargo from the shore into the ship’s holds and fulfillment of the hold works is carried out at the expense of the consignor;

o)  “The ship is free from the unloading costs including the hold work” – loading of cargo from the hold to the berth and/or into the railway wagons or onto the motor vehicle is carried out at the expense of the consignee;

p)  “Loading or unloading including the hold work at the expense of the ship” – the consignor is liable for delivery of the cargo to the fittings on the board the ship. The ship is responsible for loading and stowage in the hold. During unloading, the ship is responsible for delivery of the cargo from the hold to the board the ship. The consignee receives the cargo from the fitting on board the ship;

q)  “Acceptance and discharge of the cargo along the board” – the ship is obliged to accept or discharge the cargo along the board within the access of the ship’s onboard handling facilities;

r)  “Full load” – the charterer is obliged to use the ship in its full capacity or carrying capacity, taking into account the water level, water bunkers and other supplies on board;

s)  “Regardless of whether work was carried out or not” – laytime, which will be calculated excluding Sundays and holidays, as well as other excluded periods, regardless of whether the cargo handling operations took place on these days/periods or not;

t)  “Sundays and holidays are excluded if no work was carried out during these periods” – the time actually spent on the cargo handling operations on Sundays and holidays will be considered as laytime;

u)  “In queue with other ships” – the ship is assigned a berth according to the general queue, on an equal basis with other ships entering the harbour;

v)  “Whether at berth or not” – counting of the laytime begins after the master has given a written notice of readiness for the cargo handling operations, regardless of whether the ship is at berth or not;

w) “Food weather working day” – the laytime, which is calculated excluding Sundays and holidays, as well as the bad weather days.

Article 90. Ship Damage Report

A report on damage to the ship caused by fault of the harbour operator / terminal, which the ship suffered during the cargo or trailer handling operations, must be submitted by the ship master directly or through an agent to the Port State Supervision and Control Service and/or the harbour operator / terminal administration immediately after the incident and in any case - no later than 4 hours before departure from the harbour.

SECTION III

 Special Part

Chapter XVII

Batumi Harbour

Article 91. Scope of Batumi Harbour

1.  The entire water area of ​​ Batumi Harbour (Harbour Limit) is located within the line connecting the geographical coordinates given below and the territory of the harbour operators, namely:

a)   41° 39,46´ North latitude / 041° 38,37’ East longitude (cape „Buruntubaia”);

b)   41° 40,46´ North latitude / 041° 37,80’ East Longitude (North point);

c)   41° 43,50´ North latitude / 041° 41,55’ East Longitude (North-East point);

d)   41° 42,92´ North latitude / 041° 42,70’ East Longitude (point north of “Green Cape”);

e)   41° 39,95´ North latitude / 041° 40,96’ East Longitude (confluence of the Korolis Tskali River with the sea);

f)    It is bounded from the south by the territory of the harbour operators: “Batumi Sea Port” LLC, “Terminal 1” LLC and “Iberia Berth” LLC.

2.  Batumi Harbour includes: harbour operator “Batumi Sea Port” LLC, harbour operator “Terminal 1” LLC and harbour operator “Iberia Berth” LLC, the natural channel entering/exiting the Batumi Harbour (the so-called “Canyon”) and the external roadstead (mainly the anchoring area).

3.  Harbour operator “Batumi Sea Port” LLC is divided into protected (regime) and open (open) parts, in particular:

a)   the protected (regime) part is the territory of the berths №1, №2, №3 of the oil and gas terminal, the berths №4/5 of the container and multi-purpose terminal, the berth №6 of the ferry crossing, the berths №7, №8, №9 of dry cargo (bulk and general), and the Conventional Buoy Mooring system (CBM) of berths and oil terminal;

b)   the open part consists of the territory of berths №10 and №11, which are used mainly for receiving and servicing passenger/cruise ships.

4.  In the waters of Batumi Harbour (the berths and/or the anchoring area), it is prohibited to carry out the preparatory procedures for painting the above-water hull and/or superstructure of the floating facility of any flag, type and purpose, which includes cleaning the hull coating from old paint and/or rust manually, mechanically or with special equipment and then covering it with a protective and/or final layer of paint, in order to prevent pollution and protect the environment.

5.  The nameplate length of the berths of the harbour operator “Batumi Sea Port” LLC is given in Appendix №8 to these Rules.

6.  The nameplate length of the berths of the harbour operator “Terminal 1” LLC and “Iberia Berth” LLC is given in Appendix №9 to these Rules.

7.  The water area of ​​the Batumi Harbour is schematically given in Appendix №10 to these Rules.

Article 92. External Roadstead

1.  The external roadstead is considered to be the water area between the isobaths of 10 (ten) and 50 (fifty) meters in depth, which starts from the Batumi Central Lighthouse at a bearing of 0270, a distance of 7.5 nautical cables and continues from this point to the north-east direction up to the traverse of the eastern border of the “Green Cape” area. The external roadstead water area includes the main anchorage area of ​​the Batumi Harbour, which includes 14 (fourteen) anchorage points, where the distance between each point is 5 (five) nautical cables. Upon arrival at the designated anchorage point, the ship must drop an anchor at the coordinates of the anchorage point indicated by the duly authorized person. A ship standing at the designated anchorage point can perform free circulation movement around the place in the water, where the anchor is dropped, with a radius of no more than 2.5 (two and a half) nautical cables, as a result of impact of the meteorological events (wind, sea current, wave) (where the maximum length of the ship + the length of the anchorage-chain dropped in the water is implied). The ship that drops an anchor in the wrong location is subject to removing the anchor and dropping it in the correct location again. Above-mentioned procedure is carried out according to the instructions of the duty officer of the Harbour Master’s Office and under the recommendations and control of the VTS operator.

2.  The criteria for safe boarding of the pilot on the external roadstead during stormy weather caused by the prevailing southwest/west and northwest winds in the accesses to the Batumi Harbour are approved with the following limited values: wind speed not exceeding 10 m/sec (5 points on the Beaufort scale) and wave height not exceeding 2.0 meters (4 points on the Douglas scale).

3.  Speed of the ship in the external waters of the harbour at the moment of embarking and disembarking the pilot on the ship must not exceed 4 nautical knots.

4.  An anchorage area is designated for anchoring of ships in the external roadstead of the Batumi Harbour, the coordinates of which are given in Appendix №11 to these Rules and includes 14 (fourteen) anchoring points.

Article 93. Harbour Operator “Batumi Sea Port” LLC Territory and Water Area

1.  Harbour operator “Batumi Sea Port” LLC consists of: the berths №1, №2, №3 of the oil / gas terminal, the berths №4/5 of the Batumi international container terminal, the berth №6 of the ferry crossing, the berths №7, №8, №9 of dry cargo (bulk and general), and the berths №10 and №11 of passenger cruise berths and the conventional buoy mooring system of the CBM complex.

2.  The territory of harbour operator “Batumi Sea Port” LLC does not include:

a)   the section of the coastline located between berths №9 and №10;

b)   the territory of the “Yacht Club”.

3.  The internal roadstead is considered to be the water area (water area) located north of the oil terminal pier, which is bounded from the north by a parallel passing through Cape “Buruntabia” (initial coordinates 410 39.46’ North latitude/0410 38.37’ East longitude) and from the east by a meridian passing through the eastern end of the cabotage pier (initial coordinates 410 39.14’ North latitude/0410 39.52’ East longitude). An anchorage area is allocated in the internal roadstead, which is intended for the small-sized ships, the coordinates of the anchorage area of ​​which are provided in the Appendix №12 to these Rules. In the anchorage area, it is possible to berth 4 (four) small-sized ships with a draft of no more than 4 (four) meters and a length of 12 (twelve) meters. In this anchorage area, anchoring of the ships is allowed only in good weather conditions (wind force 3 (three) points on the Beaufort scale (3.4-5.4 m/sec), sea waves force - 2 (two) points on the Douglas scale).

4.  In the internal water areas of the harbour operator “Batumi Sea Port” LLC, at the expense of their combined length with the berth №7, as well as the berths №8 and №9 and taking into account the draft at these berths, as well as the dimensions of ships moored at other berths of the harbour, a ship with a length of no more than 225 meters is permitted to enter and berth with the bow directed towards the exit from the harbour. Entry, maneuvering and mooring (tying up) of a ship with a length of more than 200 meters in the harbour is permitted only during daylight hours.

 5. The sea waters of the harbour operator “Batumi Sea Port” LLC do not include the sea waters of “Yacht Club”.

Article 94. Navigation Conditions of Harbour Operator “Batumi Sea Port” LLC

1.  Arrival and departure into/from the territory of the harbour operator “Batumi Sea Port” LLC is carried out through a natural deep-sea canyon, by the leading line passing through the marks of the navigation leading lights, the direction of which is 158.7˚ – 338.7˚.

2.  The speed of movement of the floating facilities in the internal water areas of the harbour operator “Batumi Sea Port” LLC is allowed to be no more than 2 (two) knots.

3.  The actual depths of the harbour operator “Batumi Sea Port” LLC, the actual (non-nameplate) length and depth of the berths, the maximum permissible draft of ships at the berths (which depends on variation of the actual depths along the berths), are officially declared annually by the harbour master, immediately after the end of the autumn-winter period, on the basis of control measurements conducted by the relevant service of the harbour operator and submitted bathymetric maps.  

4.  During the dark period of the day and night, before the ship enters the harbour operator “Batumi Sea Port” LLC and before the pilot boards the ship, the front line of all berths of the sea harbour “Batumi Sea Port” LLC must be properly illuminated so that the pilot can clearly see the berth lines. In case of improper illumination of the harbour operator “Batumi Sea Port” LLC, after considering/analyzing the safety criteria and possible risks, the pilot on duty may refuse to permit the ship to enter the harbour. The pilot, in turn, shall be obliged to warn the harbour dispatch service about ensuring the overall illumination of the harbour for arrival / departure of the ship. The duty officer of the Harbour Master’s Office shall exercise appropriate control over fulfillment of the above-mentioned obligations and the acts appropriately, as applicable. 

5.  Due to the limited space of the internal water areas of the harbour operator “Batumi Sea Port” LLC and the presence of berths for loading/unloading crude oil, oil/gas products in the waters, in order to ensure general safety, refueling of any floating facility of any purpose and type moored at any berth and Conventional Buoy Mooring system (CBM), using a “bunker-loading” tanker moored with a second hull, i.e. so-called “Ship to Ship Ops” (STS), is prohibited. Refueling a ship with diesel fuel only is permitted in the sea harbour of “Batumi Sea Port” LLC. Such operations are permitted to be carried out only by means of a specialized tanker and in compliance with the requirements stipulated in the Article 67(7) and the Articles 75(1), (2) and (3) of these Rules. In case of unforeseen circumstances, refueling a transportship with a so-called “bunker refueling” tanker may be allowed only in the external roadstead of Batumi Harbour by prior agreement with the Harbour Master’s Office and in case if this “bunker refueling” tanker operates under the flag of Georgia, is specially designed and equipped for fuel transfer operations on a ship, and the master of the “bunker refueling” tanker has experience in conducting STS operations in the external roadstead. The harbour operator “Batumi Sea Port” LLC is allowed to refuel the tankers only at the berths №1, №2 and №3 of the oil terminal with the prior consent of the oil terminal management.

6.  Only the tankers with a length of no more than 142 meters and a draft of 6.0 meters may turn around at berth №1 for the purpose of berthing. A ship with a length of more than 142 meters and a draft of more than 6.0 meters may turn around in the internal water areas of the harbour (if the berths №7 and №3 are free of ships), or in the water areas adjacent to the berth №9, if the berth №9 is free of vessels.

Article 95. Harbour Operators “Terminal 1” LLC and “Iberia Berth” LLC

1.  The water area of ​​the harbour operator “Terminal 1” LLC and “Iberia Berth” LLC is bounded by the parallel passing through the point of coordinates 410 39.14’ North latitude/0410 39.52’ East longitude and the meridian passing through the point of coordinates 410 39.14’ North latitude/0410 39.85’ East longitude to the shore.

2.  The water area referred to in the paragraph first of this Article and the berths located there are designated as the shallow water areas (the so-called “shallow sea”), where, due to the specifics of this part of the water area, the water depths are variable and the maximum permissible water depths for a ship are periodically announced by the Port State Supervision and Control Service and the owners of the berths based on the data of the topo-bathymetric map issued after the official measurements of the depths in the bay and at the berths.

3.  Upon receipt of an unfavorable weather forecast, the ships moored in the territory of the harbour operators “Terminal 1” LLC and “Iberia Berth” LLC, based on general safety, are obliged to immediately leave the berths of the harbour operator and go out into the open sea. During storms, as a shelter for the small-sized ships, the harbour master may temporarily allocate a place for anchoring in the harbour waters of the berth of the harbour operator “Batumi Sea Port” LLC.

4.  Entry into the territory of the harbour operators “Terminal 1” LLC and “Iberia Berth” LLC is possible through bypassing the traffic separation zone, using safe depths and taking into account safe distances from the navigational hazards.

5.  The harbour operator “Terminal 1” LLC includes the petroleum products base located on land and an overpass located in the sea, which consists of two berths: the berth №1 (left berth) and the berth №2 (right berth).

6.  The berth №1 is used to receive the cargo ships.

7.  The berth №1 shall be open to any tanker and/or other vessel (except for an air carrier) with a maximum length of 140 meters and a width - of 17 meters. The administration of the harbour operator “Terminal 1” shall comply with the instructions of the harbour master regarding the criteria for safe berthing of the ship at the terminal (maneuverability, maximum permissible draft and maximum permissible safe entry length of the so-called “stern” of the aft end of the ship’s hull along the berth, in the direction of the shore in the depth of the overpass). The tanker shall be berthed only during daylight hours.

8.  During mooring at the berth №1, maneuvering in the water area, carrying out cargo operations and/or departure from the berth, the maximum permissible wind speed is 5 m/sec, sea waves are 2 points on the Beaufort scale, and the maximum wave height is 0.5 meters. In case of an increase in the values ​​of the weather data specified in this paragraph or/and upon receiving a forecast of deterioration of the weather conditions, the cargo handling operations of the tanker must be immediately stopped and the tanker must safely move to the roadstead (anchored) or to drift in the open sea.

9.  At the berth №1, a tanker with a length of 108 meters, during berthing and pulling out of the berth, at least two tugboats with 600 hp each, with a total of 1200 hp, are required. In case if the tanker has an auxiliary steering equipment for active maneuvering of the vessel, the so-called Bow Thruster, then during calculation of the tugboat power, a ratio of 0.75 is used, and accordingly, for a tanker with a length of 108 meters, two tugboats are required, each with a power of 450 hp, the actual total power of which is 900 hp.

10.    At berth №1, a tanker with a length of 141 meters, during berthing and pulling out of which, at least 2 (two) tugboats are required, each with a power of 1200 hp, a total of 2400 hp. In case if the tanker has an azimuthal steering equipment for active maneuvering of the vessel, the so-called Azimuthal steering device then according to the ratio used in calculating the tugboat capacity, for a tanker with a length of 141 meters, 2 (two) tugboats with a capacity of 900 hp each are required, the actual total capacity of which is 1800 hp.

11.    During the period of handling of the liquid petroleum products at the berth №1, at least 1 (one) tugboat must be nearby, on full alert.

12.    Depending on the weather or other safety factors, the pilot and/or the ship master shall have the right to request an additional tugboat in addition to the number of tugboats specified in the Rule hereof, which in turn must be immediately notified to the Port State Supervision and Control Service.

13.    “Iberia Berth” LLC serves the small-sized ships and is designed to handle dry and bulk cargoes.

Article 96. Undertow (“Tyagun”)

An undertow “Tyagun” (Appendix №13) periodically appears in the Batumi Harbour. Berthing of a ship in the harbour during “Tyagun” poses a threat to the ship, the berthing equipment and the environment. “Tyagun” is observed in the harbour especially during the wind and wave action from the western and northern quarters. Upon receipt of a storm warning, the Port State Supervision and Control Service shall warn the shop master both in the harbour and on the roadstead. Upon detection of the first signs of “Tyagun”, the main engines of all ships in the harbour shall be put on permanent standby and the ship shall be ready to quickly leave the berth/harbour if necessary, after obtaining the consent of the Harbour Master’s Service. 

Article 97. Conventional Buoy Mooring System

1.  The conventional buoy mooring system (CBM) consists of a ship trailer with 5 (five) floating light barrel constructions, located in the internal roadstead water area of the harbour operator “Batumi Sea Port” LLC, north of the oil terminal pier, where the tankers with a minimum length of 182 (one hundred eighty-two) and a maximum length of 250 (two hundred fifty) meters and a displacement of up to 140,000 (one hundred forty thousand) tons are berthed. The tanker must always have on board segregated ballast or cargo equivalent to at least 30% of its official summer deadweight. During the operations of entering the harbour and mooring the tanker to the conventional buoy mooring system, the propeller must be completely covered with water so that, in accordance with maritime safety standards, the propeller operation provides the full and desired effect during the maneuvering of the tanker.

2.  The tanker is moored to the conventional buoy mooring system in good visibility and in conditions of wind force of 4 (four) points on the Beaufort scale (speed 6-8 m/sec) and an average sea wave force of up to 3 (three) points on the Douglas scale (wave height - 0.6 meters).

3.  The tanker is always moored and secured according to the following scheme: “with the bow of the ship facing the open sea”, with the left anchor dropped on the anchor-chain with 8-9 mooring lines, with the bow of the ship on 1 (one) barrel and with the stern on 3 (three) barrels. Three tow ropes must be supplied and secured to each barrel. The tanker’s tow ropes must be made only of buoyant synthetic material.

4.  If the wind speed exceeds 8 m/sec (5 points on the Beaufort scale) and the sea swell exceeds 0.8 m (3 points on the Douglas scale) and the weather is forecast to worsen, in this case the cargo handling operations must be stopped immediately and:

a)   cargo flexible pipes must be opened and lowered to the seabed in a properly closed position (in the initial position);

b)   the ship master must be warned to bring the ship’s main engine and auxiliary mechanisms into readiness so that, if necessary, the ship can immediately leave the conventional buoy mooring system with the assistance of the pilot.

5.  If the wind speed is 11 (eleven) m/sec and the wave height exceeds 0.9 meters, in accordance with the paragraph 4(b) of this Article, the ship on standby, under the guidance of the ship master and the pilot’s recommendations, shall immediately leave the berth and proceed to the open sea until the weather improves.

6.  If, within 12 hours of receiving the official forecast from the State Hydrographic Service of Georgia, the current weather conditions are expected to deteriorate and/or exceed the limit specified in the paragraph 4 of this Article, then, for reasons of general safety, the tanker shall not berth at the conventional buoy mooring system until the weather conditions improve completely.

7.  The tanker shall be moored and secured in such a way that its diametrical plane line shall be carefully located on the axis line of the lighted latch of the conventional buoy mooring system (166.30-346.30) and at a distance of 170 (one hundred and seventy) meters from the stern of the ship to the outer wall of the oil terminal pier.

8.  In the favorable weather conditions, the tanker may be berthed/moored/removed from the conventional buoy mooring system during 24 hours. Fulfillment of the operations of bringing and securing to the conventional buoy mooring system during the dark period of the day and night is permitted if the light of both ends of the latch (continuous blue light) mentioned in the paragraph 7 is properly maintained and provided in a clearly identifiable condition.

9.  The operations of bringing a tanker into the dark period of the day or night at a conventional buoy mooring system, properly securing it and/or withdrawing it from the harbour may be carried out if the working lights (staff sector or circular lights) of all navigational signs, buoys, latches and crossings involved in this operation are in proper working condition and clearly visible without any overlap or obstruction.

10.    Within the water area and air space of 100-meter radius of the CBM complex center (φ-41°39.16'N. λ- 041°38.99'Ε.), the movement of any type of floating facilities, including speedboats, scooters, paragliders, hang-gliders, small- or medium-sized pleasure boats, sailboats, motorboats and other facilities, is prohibited, except for the floating facilities involved in a possible surface rescue operation. It is prohibited to moor/berth small floating devices of any purpose (boats, crafts, yachts, etc.) on the floating barrels and buoys that are part of the CBM complex equipment.

11.    Restriction provided for in the paragraph 10 of this Article does not apply to movement of special purpose floating facilities of the oil terminal and movement of the floating vehicles scheduled to enter/depart into/from the harbour during stormy weather caused by the action of southwest/west and northwest winds prevailing at the harbour approaches.

Article 98.  Specialized Berth №2 of Harbour Operator “Batumi Sea Port” LLC for Gas Tankers

1.  The berth №2 for loading liquefied petroleum gas is located in the internal waters of the harbour operator “Batumi Sea Port” LLC, in the middle part of the oil terminal pier, with which the berthing and loading of the gas tankers with a maximum length of up to 119 (one hundred and nineteen) meters with liquid petroleum gas is carried out.

2.  The berth №2 accepts the gas tankers with following maximum permissible dimensions: length - 119 meters, width - 18.8 meters, maximum deadweight – 7.0 meters.

3.  Safety of an air tanker during its berthing at the berth significantly depends on the hydrometeorological and physical impact of the environment, occurrence of the unscheduled situations, the limited water area of ​​the harbour, the neighboring berths of the oil terminal, the gas supply technological and technical systems of the terminal, etc. When a gas tanker enters the harbour, all established safety standards must be strictly observed by the tanker itself, as well as by all services and the terminal.

4.  During mooring operations at the berth and during its berthing at the berth, the gas tanker must constantly have on board segregated ballast or cargo equivalent to at least 30% of the tanker’s official summer deadweight.

5.  The operation of bringing/pulling the gas tanker to the berth №2, based on general safety, must be ensured by two tugboats of appropriate dimensions, each with a capacity of not less than 1800 hp.

6.  The gas tanker must be brought to the berth №2 with the starboard side, with the bow towards the exit from the harbour and without using the left anchor (use of the anchor is allowed only to avoid an emergency situation arising at the moment of entering the tanker) in order to ensure that in case of an unforeseen or emergency situation, the gas tanker can be quickly removed from the berth and taken out to the open sea without delay through towing.

7.  The distance between both ends of the gas tanker moored at the berth №2 and the oil tankers moored at the berths №1 and №3 shall be at least 25 (twenty-five) meters.

8.  Before the gas tanker enters and departs into/from the harbour, in order to ensure general safety, the duty officer of the Harbour Master’s Office shall make a special warning announcement on VHF-16 channel – “A gas tanker is entering/leaving the harbour, all floating facilities shall give way to it and not obstruct its free movement.” The harbour duty officer must receive radio approval from the surrounding floating facilities (on the roadstead, on the anchor and in the harbour water areas) and make an entry in the duty officer’s watch log.

9.  When entering, leaving the harbour and/or berthing at the berth, the tanker shall be given the right of way over all types and purposes of floating facilities, and no floating facility shall have the right to block the way of the tanker and/or impede the free movement of the tanker within the harbour waters and the external roadstead.

10.    The main engine and the auxiliary mechanisms of the tanker, due to their specifics and purpose (highly flammable and explosive object), must be in constant readiness for general safety during its berthing in the harbour, so that it can be used at any time.

11.    2/3 of the tanker crew must be on board the ship at all times.

12.    While being berthed in the harbour, the tanker must be provided with the contact details of all land-based rescue and fire services. The above data must be officially transmitted to the ship master by the representative of the Maritime Services Agency upon berthing.

13.    In case of unscheduled and/or emergency situations on board the ship, the master of the tanker must immediately notify the loading master of the terminal, the harbour dispatcher, the Harbour Master’ Office and the tugboat captain on duty. If applicable, the notification must be sent to the Emergency Management Agency.

14.    The speed or inertia of the gas tanker sailing in the internal water areas of the harbour with tows attached to the side of so called “bitting” should not exceed 1.5 (one and a half) knots.

15.    Lateral speed of the cylindrical part of the gas tanker’s hull at the moment of contact with the rubber fenders of the berth should not exceed 0.14 m/sec.

16.    After the gas tanker is brought to the berth, before starting the cargo handling operations, a joint inspection and action report of the appropriate form should be drawn up between the loading master of the oil terminal and the master of the gas tanker on safe ship-to-shore cargo handling operations and other necessary procedures. One counterpart of this act shall be submitted to the Harbour Master’s Office by the ship service agent before the commencement of the cargo handling operations.

17.    During the period of the gas tanker’s berthing in the harbour, the entry of a ship with a length exceeding 150 (one hundred and fifty) meters is not permitted in the cases where, when the incoming vessel turns around in the internal waters of the harbour, less than 25 (twenty-five) meters remain between the its (the incoming ship’s) bow and/or the bow of the tugboat turning the incoming ship and the hull of the gas tanker.

18.    The cargo handling operations of the gas tanker shall be suspended:

a)   during the entry or departure of any vessel into/from the internal waters of the harbour;

b)   during dense fog (visibility - 100 meters and less);

c)   in case of heavy rain, thunderstorm and lightning;

d)   if the wind speed exceeds 17 m/sec (7 points on the Beaufort scale) and sea swell (in the harbour) – 0.5 meters (3 points on the Douglas scale).

19.    In case of “Tyagun”, if it is impossible to ensure the safe cargo handling operations of the tanker, therefore the cargo handling operations shall be suspended, the cargo supply pipe shall be opened and the ship shall leave the harbour without any delays. In such a case, if applicable, the tanker shall be given priority over other ships in departure from the harbour.

20.    In case of fire on the tanker, in addition to use of other communication devices, the ship may make an emergency announcement through the ship’s main horn – short intermittent signals with the main horn for 30 seconds.

Article 99. Multipurpose Terminal № 4/5 of Harbour Operator “Batumi Sea Port” LLC

1.  Taking into account the restrictions related to the dimensions of the ship to be moored at berth №4/5 of the multipurpose terminal of the harbour operator “Batumi Sea Port” LLC, mooring of any type of floating facility (except oil/gas tankers) up to 163 (one hundred and sixty-three) meters in length is permitted, without any restrictions or additional procedures in relation to the berths №2, №3 and №6.

2.  Taking into account the restrictions related to the dimensions of the ship to be moored at the berth № 4/5 of the multipurpose terminal, mooring of a floating capacity from 163 (one hundred and sixty-three) meters to 183 (one hundred and forty-three) meters in length is permitted after agreement with the harbour master.

3.  Taking into account the restrictions related to the dimensions of the ship to be moored at the berth № 4/5 of the multipurpose terminal, during the entry and departure of the ships with a length of 183 meters (one hundred eighty-four) - 198 (one hundred eighty-eight) meters, into/from the berths №3 and №6 must be free from the floating facilities of any type and purpose. In exceptional cases, taking into account the existing conditions and situation (number of occupied berths, dimensions of the ships moored at the berths, their type and specifics of the cargo handling operations, current and expected weather conditions), the harbour master may grant consent to berth the ships with permissible dimensions at the berths №3 and №6, provided that the duration of their cargo handling operations does not impede the timely departure, safe maneuvering and leaving the harbour of the ship moored at berths № 4/5.

4.  Taking into account the restrictions related to the dimensions of the ship to be moored at the berth №4/5 of the multipurpose terminal, entry and anchorage of any type and purpose of a floating facility (except for oil/gas tankers) with a length of more than 198 (one hundred and ninety-eight) meters, but not more than 210 (two hundred and ten) meters is permitted. During the occasional and/or unscheduled entry, anchorage and departure of a floating facility of the above dimensions, the berths №2 (gas terminal), №3 and №6 of the harbour operator “Batumi Sea Port” LLC must be free from any type and purpose of floating facilities. The issue of safe entry and mooring of a ship with such dimensions at the berth №4/5 of the harbour operator “Batumi Sea Port” LLC should be discussed between the harbour master and other interested agencies. Based on general safety, the final decision shall be made by the harbour master.

5.  In case if the berths №10 and №11 are occupied by the military or/and cruise ships and a pre-planned arrival of a ship of any type and purpose (except oil/gas tankers) occurs at the harbour operator “Batumi Sea Port LLC”, in such a case, the administration of the harbour operator “Batumi Sea Port LLC” (of BICT Terminal), in agreement with the harbour master, shall may make a decision on allocation of the berth №4/5 for the berthing of such a ship in compliance with navigation safety standards and taking into account the dimensions of the ship. Such a decision may be made if the administration of the harbour operator “Batumi Sea Port” LLC and other relevant services temporarily free the berths №2, №3 and №6 (if necessary, №7) from floating facilities located there in accordance with the general safety standards, and at the same time there is the personal consent of the ship master and the approval of the pilot on implementation of such a decision.

6.  During the period of arrival, berthing and departure of the ship referred to in the paragraphs 4 and 5 of this Article at the berth №4/5, the berths №2, №3 and №6 of the harbour operator “Batumi Sea Port” LLC must be free from the floating facilities of all types and purposes throughout the entire period of this ship’s berthing in the harbour.

Article 100. Towing Service Conditions in the Harbour Operator “Batumi Sea Port” LLC

1.  Towing operations at the harbour operator “Batumi Se Port” LLC are carried out in accordance with Appendix №14 to these Rules.

2.  In the operations of anchoring, refloating and towing large tankers at the conventional buoy mooring system, based on the harbour and environmental safety standards, 4 (four) tugs with a total capacity of not less than 9500 hp are mandatory.

3.  The agent nominated for the service of the ship shall notify the ship master of the number of mandatory tugs and their total capacity prescribed by the Rules hereof no later than 24 (twenty-four) hours before the ship’s arrival at the roadstead.

4.  In cases if the wind speed exceeds 11 m/sec, 3 (three) tugs with a total capacity of not less than 9000 hp shall be immediately used to ensure the safety of the tanker moored on the conventional buoy mooring system. The tanker shall be prepared to go to sea as soon as possible and shall leave the conventional buoy mooring system with assistance of 4 (four) tugs and a pilot.

5.  In case if the master of the ship at berth, through his/her nominated agent, requests the harbour master to carry out repairs to the main engine or any auxiliary equipment of the ship (due to which the ship is unable to move on its own), the harbour master, taking into account all necessary safety measures and after analyzing the long-term forecast, shall, to the extent possible, grant permission on fulfillment of the repairs, however for a period not exceeding 8 (eight) hours. In this case, one tugboat shall be on duty on board the ship until the scheduled repair work is fully completed. After an instant check of the main engine (one short reverse), when the ship administration is satisfied that the ship and its main engine are in full working order, the ship master must immediately notify the harbour master and the tug on duty, with the consent of the ship administration, shall be relieved of its obligations and shall return to its regular berth in the territory of the harbour.

6.  The towing operation for a ship entering the territory of the harbour operator “Batumi Sea Port” LLC begins from the traverse of Cape Buruntabia and ends upon completion of the ship’s full berthing and mooring at the designated berth. As a rule, 2 (two) tugs from the traverse of Cape Buruntabia serving the ship must be immediately tied to the ship with “bittings” in order to immediately respond and assist in suppressing the inertia of the ship’s movement in case of a possible emergency situation, in order to prevent damage to the construction of the berth and the ship itself. The end of the towing operation is determined by the pilot.

7.  The towing operation for a ship leaving the harbour begins after the towing ropes are fully tied and visually checked for their reliability and continues until the ship completely leaves the harbour.

8.  In the water areas of the harbour operator “Batumi Sea Port” LLC, poorly moving or non-self-propelled floating facilities are moved by a tugboat of appropriate capacity until the completion of the given operation.

9.  In case if, by decision of the harbour operator “Batumi Sea Port” LLC, it is necessary to move a ship moored at the berth in a straight line forward or backward to the same berth, the harbour master must issue the consent for such an operation. Depending on the dimensions of the ship, the weather conditions and the distance to be towed, if necessary, the harbour master shall have the right to request the use of one tug, two tugs or a pilot and tug at the expense of the harbour operator in order to safely conduct the operation. In case if the ship is moved from one berth to another, then such an operation must be carried out with the assistance of a pilot and a tug of appropriate capacity.

10.    In order to ensure proper and reliable mooring of ships at the berths of the harbour operator “Batumi Sea Port” LLC, the master of each ship is obliged to ensure the mooring of the ship at the berths of the harbour operator “Batumi Sea Port” LLC at any time of the year, only by means of synthetic ropes (cords), taking into account the dimensions of the ship, the appropriate number and position (purpose).

11.    The required number of ropes for towing a ship at the harbour operator “Batumi Sea Port” LLC is provided for in the Appendix № 15.

Chapter XVIII

Batumi Yacht Club

Article 101. Yacht Club

1.  The operation (activity) of the yacht club is carried out in accordance with the rules approved by the administration of the above-mentioned yacht club. The yacht club is obliged to make the rules and any changes therein public, as well as to submit them to the Agency for approval no later than 5 working days before approval.

2.  The rules of operation must include at least:

a)   information about the management and structure of the yacht club;

b)   minimum standards/rules for ensuring the safety of yachts and individuals on the territory and in the waters of the yacht club;

c)   fire safety policy;

d)   risk assessment process;

e)   procedures for managing and reporting the incidents and accidents, rescue rules;

f)    the rules for marking the territory of the yacht club;

g)   a map of the yacht club (including information about yachts, equipment and storage areas);

h)   the rules for maintaining the environment and sanitary and hygienic standards in the yacht club;

i)    any other issue that the yacht club administration deems necessary in terms of regulation;

j)    the rules for protection of minors and vulnerable groups;

l)    the standard operating procedures: on search and rescue.

3.  Safety of navigation on the territory of the yacht club shall be controlled by the authorized representative of the Agency.

Chapter XIX

Poti Harbour

Article 102. Poti Harbour

1.  Poti Harbour consists of the southern, northern, inner and new harbour havens, the avant harbour, the southern, western and new north piers, the entrance channel and the external roadstead. The territory of Poti Harbour consists of protected (regime) and open parts.

2.  Poti Harbour consists of 2 (two) harbour operators, namely: JSC “Corporation Poti Sea Port” (APM Terminals Poti) and “New Sea Port of Poti” LLC, which have allocated the relevant sea space in the form of the Poti Sea Harbour water area, have a defined land area and hydrotechnical structures, which have an independent administration from each other and which have equal navigation rights in the entrance channel of the Poti Harbour. The water area of ​​the Poti Harbour is given in the Appendix №16 to the Rules hereof.

3.  The protected (regime) part represents the territory of the harbour to which the harbour security plan applies and is certified in accordance with the requirements of the “International Ship and Port Facility Security Code” (ISPS Code).

Article 103. Water Area of ​​ Poti Harbour

1.  The water area of ​​the Poti Harbour is bounded by the following coordinates:

      LAT=42.08'0 N; LONG=041.39'58 E;

      LAT=42.08'0 N; LONG=041.36'00 E;

      LAT=42.12'0 N; LONG=041.34'00 E;

      LAT=42.12'0 N; LONG=041.37'86 E;

      which includes:

a)   Northern haven – the sea area of ​​the harbour located between the western pier, the northern pier (berths №1 and №2 of the harbour operator “Corporation Poti Sea Port”) and the middle pier (berths №12 and №13 of the harbour operator “Corporation Poti Sea Port”);

b)   Southern haven – the sea area of ​​the harbour bounded by the southern, western and middle piers;

c)   Inner haven – the sea area bounded by the industrial areas №1 and №2 of the harbour operator “Corporation Poti Sea Port”, the berth №7 and the northern pier;

d)   New harbour haven – the sea area of ​​the harbour, which is bounded by the northern pier (the berth №3 of the harbour operator “Poti New Port”), the inner western pier №1 and the inner western pier №2 (the berth №2 of the harbour operator “Poti New Port”);

e)   Avant harbour – the sea area of ​​the harbour, which is bounded by the western pier, new northern pier, inner western pier № 1 and the inner western pier №2 (the berth №2 of the harbour operator “Poti New Port”);

f)    Harbour entrance channel;

g)   External roadstead.

Article 104. Harbour Entrance Channel

1.  The harbour entrance channel consists of two sections: the width of the first section is 100 (one hundred) meters, depth – 13 meters, axis direction – 1290-3090, length – 5 (five) nautical cables (926 meters), and the width of the second section is 50 meters, depth – 13 meters, axis direction – 158.90-338.90, length – 3.5 nautical cables (three and a half) (648 meters).

2.  The dredging works are regularly carried out in the entrance channel of Poti Harbour in order to maintain the channel parameters specified in the Article 103(f).

3.  Measurement works of the depths of the entrance channel shall be carried out quarterly or after each storm. Upon completion of the surveying work and submission of the relevant document confirming the measurements, the harbour master shall declare the width of the safe water corridor for navigation in the berths and the entrance channel and the permitted water depth (working depth). The rules for using the entrance channel shall be defined by a resolution of the Government of Georgia.

Article 105. Ship Anchorage Areas

1.  Following areas of ship anchorage:

a)   Northern area №200 – intended only for docking of tankers and/or ships loaded with dangerous goods;

b)   Southern area №300 – docking of tankers in the area №300 is permitted as an exception when the area №200 is overloaded.

2.  Two anchorage points are designated for ships to carry out the cargo handling operations while docking in the roadstead: point № 1 φ = 420 09,’6 №; λ =041038,’0 E at a depth of 16 (sixteen) meters and point № 2 φ = 42009,'6 №; λ=0410 37,'3 E at a depth of 15 (fifteen) meters. The marine pilot shall moor the ships at the above-mentioned points at the request of the ship master.

3.  During the period of the ship’s stay at the roadstead in Poti Harbour, the cargo unloading operations are permitted for bulk cargo, for which a barge or any other floating facilities may be used. The Port State Supervision and Control Service determines the place of stay at the roadstead where the cargo unloading operations may be carried out. Use of a barge is permitted in conditions of sea swelling up to 3 (three) points on the Douglas scale (wave height not exceeding 1.25). If other floating facilities (small-sized ships) are used, the above-mentioned operations may be carried out on the basis of the agreement of the Port State Supervision and Control Service and the ship master.

Article 106. Towing Services and other Important Conditions

1.  The towing operations in the Poti Harbour shall be carried out in accordance with the Appendix №17 to these Rules.

2.  The towing operations are prohibited in the Poti Harbour if the wind speed exceeds 17 (seventeen) m/sec (7 points on the Beaufort scale). In case of malfunction of the ship’s rudder stock, the propeller and the main engine, the towing operations are permitted if the wind speed does not exceed 10 (ten) m/sec (5 points on the Beaufort scale).

3.  A ship with a main engine or a rudder stock out of service shall display the lights and signs provided for in COLREG-72 when conducting the towing operations in the water areas of the Poti Harbour.

4.  In case of the special conditions, small and small-sized ships with low draft may be anchored in the internal water areas, in agreement with the harbour operator administration.

5.  In case if a ship of 100 meters or less in length does not have a bow thruster of sufficient capacity, or has one but it is not in working condition, or if, before commencement of the pilotage, the pilot has decided that for a particular ship, based on its technical characteristics, as well as taking into account the actual meteorological conditions (wind, waves, current, deterioration of visibility), 2 tugs are required for safe entry or departure of the ship (into/from the territory of the harbour operator), the harbour operator administration must immediately ensure the allocation of a second tug for maneuvering.

6.  Provision of a tugboat and towing services for a ship, except as provided for in the Article 16(2) of these Rules, is mandatory.

7.  Entry/departure of the ships exceeding 180 (one hundred eighty) meters in length and/or 9.0 meters in draft into/from the Poti Harbour is permitted only during daylight hours.

8.     In case if wind speed exceeds 17 (seventeen) m/sec (7 (seven) points on the Beaufort scale), and gets stronger or/and in case visibility decreases to less than 0.5 nautical miles, as well as in case of a swell/surge exceeds 5 (five) points on the Douglas scale at the entrance channel, or when a storm warning is issued by the State Hydrographic Service of Georgia, the harbour is closed. When a storm warning is issued, the decision regarding the entry/departure of the ships into/from the harbour is made by the Port State Supervision and Control Service, taking into account the actual weather conditions and based on an agreement with the master and marine pilot of the specific ship.

9.  The fishing seiners are permitted to depart from Poti Harbour, in the fishing area no more than 6 (six) nautical miles from the shore, with a wave amplitude height of no more than 2 (two) meters 5 (five) points on the Douglas scale or a wind force of no more than 7 (seven) points on the Beaufort scale (14 m/sec), however not more than in accordance with the navigation rights granted by the registration documents.

10.    Ferry movement and towing operations in Poti Harbour, as a rule, are carried out in the direction of the wind, which should not exceed 10 (ten) m/sec (5 (five) points on the Beaufort scale).

11.    The maximum safe speed of a ship in Poti Harbour is 5 (five) knots.

12.    Acceptance of a marine pilot on board the ship in the entrance channel of the Poti Harbour and fulfilment of entry/departure operations into/from the harbour are permitted if the following conditions are met:

a)   there is a joint agreement between the Port State Supervision and Control Service, the pilot and the ship master;

b)   the pilot boat has the appropriate maneuvering data for embarking and disembarking the pilot;

c)   when the wind is blowing from the east, it is permissible to embark the pilot and carry out the entry/departure operations on the basis of mutual agreement, if the wind power does not exceed 17 (seventeen) m/sec (7 (seven) points on the Beaufort scale);

d)   During the adverse weather conditions (sea wave height on the Douglas scale is 2.50-4.0 meters), the maximum permissible water depth for any ship for safe movement in the entrance channel is calculated according to the following formula:

   Where Tmax – maximum allowed vessel draft

   Hdec – declared channel depth;

   1.2 – wave shoaling

   hw – actual wave height on the Douglas scale

   For example:        Hdec = 13 m

                                    hw = 4.0,

   Then:

                                                                                                m

   If during adverse weather conditions the wave height exceeds 4 (four) meters on the Douglas scale, the entry and departure of the ships into/from the harbour is prohibited.

Article 107. Special Provisions of the Harbour Operator JSC “Corporation Poti Sea Port”

1. The maximum permissible dimensions of the ship entering the harbour operator JSC “Corporation Poti Sea Sort” are as follows: length - 240 (two hundred and forty) meters, width 35 (thirty-five) meters and draft 12.0 meters. The information about the berths of the harbour operator JSC “Corporation Poti Sea Port” are provided in the Appendix №18 to these Rules.

2. Entry/departure into/from and mooring of the railway, automobile and passenger ferries equipped with two main engines and two propellers, as well as a bow mooring device, at the harbour operator JSC “Corporation Poti Sea Port” is permitted at any time of the day or night, with a maximum ship length of 195 (one hundred and ninety-five) meters and a maximum draft of 8.5 meters, in the good hydrometeorological conditions and with the consent of the ship master, only at the railway ferry berth №2.

3. Entry/departure into/from and mooring of the container ships equipped with a mooring/tying device, at the harbour operator JSC “Corporation Poti Sea Port” is permitted only at the container berth №14, at any time of the day or night, with a maximum length of the ship of 190 (one hundred and ninety) meters and a maximum draft of 8.5 (eight and a half) meters, if the wind speed does not exceed 10-12 m/sec, with the consent of the ship master.

Article 108. Cargo Operations of the Harbour Operator JSC “Corporation Poti Sea Port”

1. For treatment of the ships, the harbour operator JSC “Corporation Poti Sea Port” has –the industrial areas I and II, container terminal, ferry terminal, oil terminal and southern area (multi-purpose terminal).

2. In the harbour operator JSC “Corporation Poti Sea Port”:

a) At the berths №7, №8, №9, №10, №12 and №14 - the ships loaded with general cargo and bulk grain, as well as other cargo, are handled;

b) At the berths №3, №4, №5, №6 - the ships loaded with general and bulk cargo, metal articles, scrap metal, chemicals, are handled;

c) At the container terminal (berth №7) - the ships loaded with containers, equipment and other cargo are handled;

d) At the berth №2 - oil tankers and rail ferries are handled;

e)  In the oil terminal (berth №1) – the petroleum products with a flash point above 61◦C are handled. The container cargo can be handled at these berths in accordance with the technological map and the safety requirements plan agreed with the Agency;

f) During ferry mooring or departure operations at the berth №2 – the cargo handling operations must be stopped at the berth №1;

g) The berth №11 is used for the docking of the auxiliary fleet of the harbour;

h) At the berths №2, №7, №12, №13 and №14 – the motor ferries and the ships loaded with the general cargo are handled;

i) In the southern area (the berth №14) – the ships with general and bulk cargo, containers, equipment and other heavy cargo are handled;

j) At the berth №15 - bulk grain and other general cargo are handled.

3. Operation of the existing cranes of the harbour operator JSC “Corporation Poti Sea Port” should be suspended, taking into account the technical specifications of the crane, provided that the minimum safety limit is maintained (a limit of 10% less than the maximum permissible amount specified in the technical specifications).

Article 109. Special Provisions of the Harbour Operator “Poti New Sea Port” LLC

1. The information about the berths of the harbour operator “Poti New Sea Port” LLC are provided in the Appendix №19 to these Rules.

2. The maximum permissible dimensions of a ship entering into the harbour operator “Poti New Sea Port” LLC are as follows: length - 225 (two hundred and twenty-five) meters, width - 35 (thirty-five) meters, draft – 12.5 (twelve and a half) meters.

3. In case if the wave is 4 points on the Douglas scale and the wind speed is up to 10 m/sec, when entering the harbour operator “Poti New Sea Port” LLC, draft of the container carrier ships shall not exceed 10.1 (ten point one) meters.

4. In case of a westerly wave of 3 points on the Douglas scale and a westerly wind speed of 9 m/sec, the draft of container ships departing from the harbour operator “Poti New Sea Port” LLC shall not exceed 10.7 (ten point seven) meters.

5. The administration of the harbour operator “Poti New Sea Port” LLC shall be obliged to carry out the quarterly measurements of the depths of the avant harbour and the new sea harbour berths. Upon completion of the surveying work and submission of the relevant document confirming the measurements, the harbour master shall declare the width of the safe water corridor and the permitted draft (working depth) for navigation at the harbour operator “Poti New Sea Port” LLC.

Article 110. Cargo Handling Operations at the Harbour Operator “Poti New Sea Port” LLC

1. For handling of the ships, the harbour operator “Poti New Sea Port” LLC has – the industrial area and the northern area. The industrial area includes a general and bulk cargo terminal, a container terminal, a ferry terminal, the northern area is used for berthing of the auxiliary fleet of the harbour and the fishing ships. It is also used for handling of general and bulk cargo of local purpose.

2. In the harbour operator “Poti New Sea Port” LLC:

a) In the industrial area (the berths №1, №2, №3, №4) - general and bulk cargo, container, passenger and cargo ferries, as well as the ships loaded with other cargo are handled;

a.a)   At the berth №1 - general and bulk cargo, containers, heavy and oversized cargo are handled;

a.b)   At the berth №2 - general and bulk cargo are handled;

a.c)   At the berth №3 - general and bulk cargo are handled. It is also used for berthing of the auxiliary fleet of the harbour and fishing ships,

a.d)   At the berth №4 – the motor ferries of Ro-Ro type are handled;

b)    The northern area (berth №5) is used for berthing of the auxiliary fleet of the harbour and the fishing ships. It is also used for handling of general and bulk cargo of local purpose.

3. Operation of the cranes in the harbour operator “Poti New Sea Port” LLC should be suspended, taking into account the technical specifications of the crane, provided that the minimum safety limit is maintained (a limit of 10% less than the maximum permissible amount specified in the technical specifications).

Chapter XIX

Supsa Harbour

Article 112. Supsa Harbour Water Area

1.  Navigation of the passenger ships is prohibited within Supsa Harbour water area.

2.  The water currents in Supsa Harbour water area are mainly directed northwest, along the coast, and often exceed 0.5 knots. Winds are more frequent from the west and east, the strongest winds are observed in the winter months, when their speed may exceed 30 knots.

3.  Two points of anchorage of the ship are provided in Supsa Harbour water area:

a)   Point 1 - φ = 420 02’ 10“ №; λ =41041’35;

b)   Point 2 - φ= 420 02’ 40“ №;λ= 410 40’ 50“ E.

Article 112. SPM Buoy Mooring System

1.  SPM is a yellow-painted, square-shaped welded structure with an omnidirectional fog horn mounted on it, transmitting the messages every 30 seconds in Morse code (U), with a range of 5.0 nautical miles. White navigation light flashes repeatedly in Morse code (U) for 15 seconds, and a racon beacon is also installed.

2.  The coordinates of SPM are as follows: φ =42001’10.753” №, λ =41042’39.875 E.

3.  The cargo operator of SPM is the Georgian Pipeline Company (hereinafter – GPC).

4.  SPM buoy facility is located approximately 2 nautical miles west of the confluence of Supsa River and 8 nautical miles south of Poti Harbour, in the open sea. It is protected from weather impact. The water depth at the terminal is 50 meters, and in a direct direction from the buoy to the shore, it decreases to 20 meters at a distance of approximately 0.45 nautical miles.

5.  Location of SPM is provided in accordance with the Appendix №20.

6.  SPM buoy is intended for placement of the tankers. Only the tankers of the following dimensions can be loaded on SPM: minimum length – 240 (two hundred and forty) meters, maximum length - 255 (two hundred and fifty-five) meters; minimum width – 33 (thirty-three) meters, maximum width - 46 (forty-six) meters; maximum draft - 17.5 meters, maximum full displacement - 145,000 tons.

7.  The sea area within a radius of 500 (five hundred) meters from the SPM is a safe navigation zone, where navigation and/or anchorage of  the ships is prohibited (navigation without anchorage is permitted only for the tankers entering the specified zone for the purpose of loading and unloading; for tugboats and other vessels providing services related to the operation of the SPM). Use of fishing nets/fishing tools is prohibited in the safe navigation zone.

8.  SPM is connected to the shore by a submarine pipeline with an azimuth of 2420 – 620. 250 (two hundred and fifty) meter wide maritime space on each side along the submarine pipeline constitutes a safe navigation zone, where navigation, use of fishing nets/sweeping gear/purse nets and/or anchorage of a ship is prohibited.

Article 113. Marine Pilot

1.  Pilotage escort is mandatory for loading a ship at Supsa Sea Harbour.

2.  Two pilots – loading masters board the ship on the safe side, 3 (three) nautical miles west of the of the single point mooring (SPM) of the harbour, using the longboat of the harbour.

3.  After the shore personnel board the tanker and place the equipment for connecting the hoses to the tanker’s manifold, the pilot – loading master begins to approach the single point mooring (SPM) of the harbour.

4.  At the same time as the pilot – loading master boards the ship, the harbour side crane is brought into operational position and the personnel are ready to load the equipment necessary for connecting the hoses.

5.  The ship shall be moored only during the daylight hours, and loading and unmooring shall be carried out at any time, when the weather allows it.

6.  The pilot – loading supervisors shall remain on board the ship during its stay to the buoy, SPM. If the vessel enters into the harbour during the dark period, the master may drop the anchor or drift until dawn, when the ship, ready to receive personnel, shall be 3.0 nautical miles west of the SPM.

Article 114. Terms of Towing Service in Supsa Harbour

1.  Towing service is required during docking of a tanker on the SPM, fulfillment of the cargo handling operations and its stay on the SPM.

2.  The ship master, directly or through an agent, must apply for towing service with the harbour or the towing service company 24 (twenty-four) hours prior to entering the harbour and confirm the application 2 (two) hours prior to entering the harbour on 70 (seventy) and 16 (sixteen) ultrashort radio waves.

3.  The application for towing service shall be made before the tanker departs from the harbour. The towing service shall be confirmed by the signature of the master on the towing service receipt before the tanker departs from the harbour.

Article 115. Movement of Fishing, Small or Small-Sized Ships

1.  Entry of fishing, small and small-sized ships into the water area of Supsa Harbour may be carried out from any direction, however, the ships are prohibited from entering the safe navigation zone within a radius of 500 (five hundred) meters from the SPM, and fishing, small and small-sized ships may cross the submarine pipeline in a 250-meter zone on each side of the pipeline axis (from the bottom to the water surface) only with the prior consent of the Coast Guard.

2.  In case of a tanker entering Supsa Harbour, anchoring (including at the SPM), carrying out mooring operations or departing from the harbour, navigation shall be temporarily restricted/prohibited by the se harbour master within the information and time frame received from Supsa Terminal:

S U P S A

1. φ=42003.202'N

2. φ=42003.202'N

3. φ=42000.502'N

4. φ=42000.502'N

λ=41043.800'E

λ=41040.000'E

λ=41042.200'E

λ=41045.600'E

This decision shall be notified to the Coast Guard Department.

3.  In the case provided for in the paragraph 2 of this Article, if the ship is not moored at the SPM and no cargo handling operations are underway, it is permitted (from May 1 to November 1) to move a floating facility with a gross tonnage of 100 and less (intended for entertainment, walking, tourist, sports and other purposes) within the following coordinates:

a)   φ=42003.202’ №; λ =041043.55’ E;

b)   φ=42003.202’ №; λ=041043.0’ E;

c)   φ=42002.0’ №; λ=041043.5’ E;

d)   φ=42002.0’ №; λ=041044.34’ E.

4.  In case of a tanker entering, anchoring at or departing from Supsa harbour, the movement of the floating facilities owned by a person carrying out entrepreneurial activities with a relevant permit is permitted within the following coordinates:

a)   φ= 42°01.150'N; λ=041°45.200'E

b)   φ= 42°01.060'N; λ=041°44.750'E

c)   φ= 42°00.70'N; λ=041°44.770'E

d)   φ=42°00.700'N; λ=041°45.300'E

5.  While the ship moored at the SPM, a person carrying out entrepreneurial activities may carry out the technical works with the appropriate permit, if necessary, if the information is agreed with the harbour master and the Coast Guard Department before commencement of the work.

6.  Any operation at the SPM is allowed only in case emergency and disaster or for the purpose of changing the crew on a ship berthed near the anchorage area, replenishing supplies or for other objective reasons. Approach of floating facilities is allowed by agreement with the harbour master and the Coast Guard Service.

Article 116. Roadstead

1.  In Supsa harbour, the tankers can berth at the roadstead at the points of anchorage, at the confluence of the Supsa River, with the following coordinates:

a)   №1 φ = 42002'10“N; λ = 41041’35“E;

b)   №2 φ = 42002’40“N; λ =41040’50“E.

2.  Small, small-sized and fishing ships can be anchored at the confluence of the Supsa River.

Article 117. Mooring of Tanker to SPM Buoy Mooring System

1.  Mooring of a tanker to the floating berth is carried out only during daylight hours by Supsa Terminal, in agreement with the State Supervision and Control Service of Poti Harbour, with the notification of GPC.

2.  Fuel supply of a tanker moored to the SPM is prohibited.

3.  The ship master must be on the bridge during the entire period of docking of the tanker on the SPM. In addition, during the period when the ship is maneuvering within 1.0 nautical miles of the SPM, the master must always be on the bridge.

4.  The person who carries out the mooring and unmooring of a tanker in the Supsa water area, along with the floating buoy (hereinafter – the Pilot / Loading Master), must be on the bow deck of the tanker. He/she shall inform the marine pilot (Pilot / Loading Master), who is on the tanker’s navigation bridge, about the tanker’s direction and the distance of approach to the SPM.

Article 118. Docking at SPM Buoy Mooring System

1.  A tanker docked by SPM is prohibited from carrying out the repair work on those mechanisms that are necessary for movement and maneuvering of the ship

2.  During the entire period of docking at SPM and the cargo handling operations, the master must be present on the tanker, and in his/her absence - the chief mate.

Article 119. Unmooring and Departure of a Tanker from SPM Buoy Mooring System

1.  After the completion of loading, the tanker master and the pilot / loading master must agree on the unmooring plan of the tanker.

2.  During the tanker’s docking at SPM, the crew must be on board in full.

3.  Departure of a tanker from SPM depends on the weather conditions favorable for navigation and is carried out:

a)   after completion of the tanker cargo handling operations;

b)   in case of suspension of the tanker cargo handling operations due to deterioration of the weather conditions;

c)   if towing services are not provided after opening of flexible cargo pipes.

Article 120. Discharge of Ballast

1.  Supsa Harbour and Terminal does not have ballast reception or storage facilities, therefore only the tankers with segregated ballast will be allowed for loading in Supsa harbour.

2.  The ships arriving with ballast that is not suitable for discharge into the sea will be refused loading or, at the discretion of the manager of Supsa Terminal Shore Facility, will be required to keep the specified part of the ballast on board.

3.  The ship, that discharges the contaminated ballast overboard, shall fall within the scope of international and Georgian anti-pollution legislation.

Chapter XXI

Kulevi Harbour

Article 121. Boundaries of Kulevi Harbour

1.  Kulevi Harbour is located on the left bank of the Khobi River. The northern border of the harbour runs from the sea along the right bank of the Khobi River, upstream of the river. The eastern border runs from the confluence of the Tsivi and Khobi Rivers, along the right bank of the Tsivi River to the bridge, which passes over the Tsivi River. The southern border crosses the island from the bridge to the seashore. The coordinates of the harbour territory, the water areas and the access channel are shown on the cadastral and marine maps approved in accordance with the procedure prescribed by the applicable legislation. The coordinates and graphic scheme of the borders of Kulevi Harbour are given in the Appendix №21.

2.  Kulevi Harbour consists of the harbour operator “Black Sea Terminal” LLC, the internal water areas of the Khobi and Tsivi Rivers and the access channel.

3.  The oil terminal includes a complex of engineering structures for unloading and storage of oil, oil products, liquid hydrocarbons, waste, water and oil impurities, with the corresponding infrastructure of the liquefied gas transshipment pier.

4.  The sea terminal complex, consisting of 3 hydro-technical berth structures, provides docking of the tankers and the harbour fleet, connection with the oil terminal facilities, carriage of oil, oil products, liquid hydrocarbons, waste, water and oil impurities, as well as their reloading onto the tankers.

5.  An accumulative sandy shaft runs between the sea and the harbour boundary to the southwest (SW). The Tsivi River flows within the harbour boundary to the northeast (NE).

6.  Only oil- and liquefied gas-related operations will be permitted in Kulevi Harbour.

Article 122. Navigation Conditions of Kulevi Harbour

1.  The entrance to Kulevi harbour is located 7.6 miles south-southwest (SSE) of Cape Anaklia at the confluence of the Khobi River.

2.  The bank in the Khobi River confluence area is low and sandy. The Khobi River confluence is easily recognizable by the group of sunken ships that protects it from the southwest (SW) surge and swell. The engineering structures of the oil terminal are located on the left bank of the Khobi River.

3.  The village of Kulevi is located on the shoreline near the confluence of the Khobi River.

4.  The confluence of the Khobi River in the southwest (SW) is not protected from surges and swells. Waves exceeding 5 (five) points on the Douglas scale create a breakwater, which must be taken into account during entry/departure of the ships.

5.  The depths of the Khobi River confluence area gradually increase with distance from the shore in the seaward direction. The 10-meter isobath passes 0.8-1 nautical mile from the shore, the 20 (twenty) meter isobath – 1.6 nautical mile and the 30-meter isobath – 2.1 nautical mile.

6.  When navigating in Kulevi Harbour area, it must be taken into account that the depths change as a result of movement of the waterways in the Enguri, Khobi, Rioni Rivers and the presence of constant currents from south (S) to north (N) at a speed of 0.4 - 0.6 knots. Depths of the harbour water area are checked by the administration of the harbour operator Kulevi Black Sea Terminal LLC twice a month and additionally after stormy weather or flooding.

7.  Transit movement of vessels is prohibited in the harbour water area and its approaches, except for local (registered in Kulevi Harbour) fishing, small and other small-sized ships.

8.  The ships entering the Kulevi Harbour must have a draft, that ensures safe maneuvering and mooring operations. The safe navigation depth reserve for the ships up to 40,000 deadweight tons shall be not less than 0.50 meters, and for ships over 40,000 tons – 1.0 meters.

9.  When berthing and unmooring at the approaches to Kulevi Harbour, all ships shall observe caution, shall by guided by the pilot charts, COLREG-72, the Rules hereof and the Good Maritime Practice.

10.    The master of all ships entering Kulevi Harbour shall have these Rules and the rules of the harbour operator LLC “Kulevi Black Sea Terminal” LLC.

11.    Safe maximum speed of a ship in Kulevi Harbour is 5 (five) knots.

Article 123. Hydrometeorological Conditions of the Harbour Operator “Black Sea Terminal” LLC

The hydrometeorological conditions of the harbour operator “Black Sea Terminal” LLC are as follows:

a) Precipitation is more than 900 (nine hundred) mm per year, most of it is observed in summer, maximum amount per day - 268 (two hundred sixty-eight) mm of precipitation. From November to March 1, the amount of precipitation is 723 mm. Number of rainy days per year is 108-169, the number of rainy days per month is 9-16;

b)  Fog 1-1.5%, from time to time – 5%, exceeding 7%. The number of foggy days per year is 27 days;

c)  Visibility 5-10 miles, best visibility is observed in April-October. Deterioration of visibility in summer is caused by precipitation. The navigation lights are visible from a distance of 7.5 miles;

d)  Ground – 10 (ten) meters to the isobath, sediment with fine sand. Away from the shore, there is the dense mud with fine sand and crushed shells;

e)  Current speed is 0.5 m/sec. Change in the current speed depends on the wind direction and seasonal rains.

Article 124. Navigation Sign of Kulevi Harbour

1.  The lighthouse “Kulevi” is installed within the coordinates of Kulevi Harbour φ= 42°16.51' №; λ= 41°38.08 – it is a green cylindrical tower with the construction height of 8 (eight) meters, national number - 200, at an altitude of 11 meters above sea level.

2.  Characteristics of the lighthouse “Kulevi” are as follows:

a)   Green light FL G;

b)   Beam distance - 4 (four) miles;

c)   Green cylindrical tower.

Article 125. Kulevi Harbour Water Area

1.  The Kulevi Harbour water area includes the inland fluvial waters of the Khobi River, the inland fluvial waters of the Tsivi River and the entrance channel with a turning basin within its borders.

2.  The inland fluvial waters of the Khobi River originate at the entrance to Kulevi Harbour (confluence of Khobi River) and is bounded:

a)   from the north – by the right bank of the Khobi River;

b)   from the south – by the berths.

3.  The inland fluvial waters of Khobi River and the eastern border of Kulevi Harbour are defined by the line of intersection connecting the right bank of the confluence of the Tsivi River with the northern bank of the Khobi River.

4.  The inland fluvial waters of the Tsivi River include the upstream flow of the Tsivi River from the confluence of the Tsivi River to the motor bridge crossing the Tsivi River.

5.  The entrance channel with a turning basin begins with the access buoy of Kulevi Harbour within the following coordinates: φ = 42°17'30“N; λ= 41°35'47.19“E and ends with the entrance to Kulevi Harbour (confluence of the Khobi River).

6.  The length of the entrance channel is 2.4 miles, the design width is 210 meters, the design depth is 18 (eighteen) meters, the axis direction is 119.9 - 299.9 degrees, the diameter of the turning basin is 500 (five hundred) meters.

7.  The actual width of the entrance channel, as well as the actual depth of the entrance channel and berth, is defined by the State Supervision and Control Service of Kulevi Harbour, based on a written application of the harbour operator “Black Sea Terminal” LLC and the documents confirming fulfillment of the relevant measurement works.

Article 126. Places of Anchorage in Kulevi Harbour

The ships queuing to enter Kulevi Harbour must proceed to the place of anchorage №200 of Poti Harbour and must be guided in accordance with these Rules while anchoring, mooring and unmooring.

Article 127. Berths of the Harbour Operator “Black Sea Terminal” LLC

1.  The berthing facilities (berthing line) of 610 (six hundred ten) meters long are located on the left bank at the confluence of the Khobi River, which are intended for filling oil into the tankers and the operational zone for fulfillment of the mooring operations, the width of which is 210 (two hundred ten) meters. The mooring bollards are located every 31 (thirty-one) meters.

2.  Length and depth of the berth amounts to:

Berth №

Berth length (m)

Berth depth (m) design

Berth №1

290

17.10

Berth №2

230

13.60

Berth №3

60

5.50

Article 128. Entry/Departure of Ship in/from the Harbour Operator “Black Sea Terminal” LLC

1.  Entry/departure of a ship into/from the harbour operator “Black Sea Terminal"” LLC is carried out only during the daylight hours, in good weather conditions (wind up to 15 (fifteen) m/sec from the east (7 points on the Beaufort scale), waves up to 4 (four) points on the Douglas scale. In case of wind and waves from other directions, the harbour master and the pilotage service shall, based on Good Maritime Practice and the specific navigational conditions, make a decision on the entry or departure of the ship. For provision of safe movement and maneuvering of the ship in the entrance channel, a turning basin with a diameter of 500 (five hundred) meters has been designed, the center of which is located within φ = 42°16.73'N; λ = 41°37.36'E, at existing depths – 12 (twelve) meters, 830 (eight hundred and thirty) meters from the berth №1.

2.  Entry/departure of the ship into/from the harbour operator “Black Sea Terminal"” LLC is carried out with the help of harbour tugs, no more than one ship per channel, with a mandatory pilotage (except for the cases provided for in Article 18(2) of these Rules) and under the control of the “Ship Movement Monitoring and Information System”.

3.  During the cargo handling operations in the harbour operator “Black Sea Terminal” LLC, movement of any self-propelled and non-self-propelled floating facilities in the harbour water area, as well as the maneuvering of the ship is permitted only by the head of the Port State Supervision and Control Service. In case of movement of any floating facilities during the cargo handling operations, a safe distance must be maintained between the floating facility and the oil tanker. In such cases, attention should be paid to involvement of towing in the above-mentioned operations.

Article 129. Pilotage and Mooring Operations

1.  In Kulevi Harbour, the marine pilot shall board the ship from the windward side at the following point φ = 42°17'30“N; λ = 41°35'47,19“E, near the receiving buoy.

2.  The ship master and the marine pilot must constantly monitor and take into account the river current and the weather conditions.

3.  The main engine of the ship must be ready for reverses, and the anchor - for turning back (dropping).

4.  The ship is moored at the berth with the bow (stem) facing the exit. First, the keel/bow springs are delivered, and afterwards - the remaining ropes.

Article 130. Conditions of Tug Service in the Harbour Operator “Black Sea Terminal” LLC