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It is registered

Ministry of Justice of Ukraine

December 5, 2023

No. 2116/41172

ORDER OF THE MINISTRY OF DEVELOPMENT OF COMMUNITIES, TERRITORIES AND INFRASTRUCTURE OF UKRAINE

of October 17, 2023 No. 956

About approval of Rules of registration of transactions with hazardous substances in courts, in sea and river ports and terminals

According to Article 35 of the Merchant Marine Code of Ukraine, articles 5 and 31 of the Law of Ukraine "About inland water transport" and for the purpose of reduction of the Order of registration of transactions with hazardous substances in compliance with the International convention on pollution prevention from courts of 1973 changed by the Protocol of 1978 to it, PRIKAZYVAYU:

1. Approve Rules of registration of transactions with hazardous substances in courts, in sea and river ports and terminals which are applied.

2. Declare invalid the order of the Ministry of transport of Ukraine of April 10, 2001 No. 205 "About approval of Rules of registration of transactions with hazardous substances in courts, sea installations and in the ports of Ukraine", registered in the Ministry of Justice of Ukraine on May 28, 2001 at No. 452/5643.

3. (Ya. Ilyasevich) to provide to management of sea and river transport submission of this order on state registration in the Ministry of Justice of Ukraine in accordance with the established procedure.

4. To provide to the sector of external communications placement of this order on the official website of the Ministry of development of communities, the territories and infrastructures of Ukraine.

5. This order becomes effective in six months from the date of its official publication.

6. To impose control over the implementation of the order on the deputy minister Yu. Vaskov.

The vice-Prime Minister on recovery of Ukraine is the Minister

A. Kubrakov

 

It is approved:

Chairman of Public service sea and inland water transport of navigation of Ukraine

 

E. Ignatenko

Minister of Agricultural Policy and Food of Ukraine

M. Solsky

First Deputy Minister of environment protection of natural resources of Ukraine

A. Krasnolutsky

Approved by the Order of the Ministry of development of communities, the territories of infrastructure of Ukraine of October 17, 2023 No. 956

Rules of registration of transactions with hazardous substances in courts, in sea and river ports and terminals

I. General provisions

1. These rules establish order of registration of transactions with hazardous substances on ocean ships and inland navigation vessels, flying the flag Ukraine, in sea and river ports and terminals.

2. In these rules:

1) reception facilities are understood as the fixed inshore facilities, cargo vehicles, truck tanks and vessels collectors (including floating constructions) intended for acceptance from courts:

dirty ballast;

wash water from tanks of oil tankers;

oily linen waters;

oil residue (slime);

remaining balance of load of the hazardous liquid substances and mixes containing such remaining balance;

drain waters;

garbage;

2) hazardous substances are understood as any substance which in case of hit in the sea is capable to create health hazard of people, to do harm to live resources, sea flora and fauna, to worsen conditions of rest or to prevent other types of lawful use of the sea, and includes any substance which is subject to control according to the International convention on pollution prevention from courts of 1973 changed by the Protocol of 1978 to it (further - MARPOL);

3) controlled substances are understood as ozone-depleting substances and/or the fluorinated greenhouse gases;

4) ozone-depleting substances are understood as any substance specified in appendix 1 to the Law of Ukraine "On regulation of economic activity with ozone-depleting substances and the fluorinated greenhouse gases" which exists independently or in mix, primary, recuperated, regenerated or processed for recycling or isomers of such substance, and has ozone-depleting potential above zero;

5) the fluorinated greenhouse gases are understood as any substances specified in Appendix 2 to the Law of Ukraine "On regulation of economic activity with ozone-depleting substances and the fluorinated greenhouse gases" which exist independently or in mix, primary, recuperated, regenerated or processed for recycling or their isomers, and have the potential of global warming above zero;

6) the terms "stationary offshore platforms", "floating offshore platforms", "hazardous liquid substance", "oil", "sewage", "garbage" are used in the values given in MARPOL;

7) the approved system of crushing and disinfecting of drain waters or the approved installation for sewage treatment is understood as system or installation, data on which are entered in the international certificate about pollution prevention drain waters granted according to MARPOL or in the certificate of the inland navigation vessel.

Other terms in these rules are used in the values given in the Merchant Marine Code of Ukraine and the Law of Ukraine "About inland water transport".

3. These rules extend on:

sea going merchantmen, flying the flag Ukraine, except small, sports and pleasure crafts (further - ocean ships);

the stationary and floating offshore platforms which are in internal seawaters, territorial sea and exclusive (sea) economic zone of Ukraine;

inland navigation vessels (except small, sports and pleasure crafts), flying the flag Ukraine, including vessels of the technical fleet and floating equipment;

owners coastal and owners (shipowners) of floating reception facilities in sea and river ports and terminals.

4. The obligation on accomplishment of these rules is assigned:

on ocean ships and on floating reception facilities in seaports and maritime terminals - on the captain of the ocean ship, receiving construction;

on inland navigation vessels and on floating reception facilities on inland waterways - on the captain (boatmaster) of the inland navigation vessel, floating receiving construction;

on stationary and floating sea platforms - on the captain or other person ensuring ecological safety;

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