ORDER OF THE MINISTRY OF TRANSPORT OF THE RUSSIAN FEDERATION

of July 9, 2014 No. 182

About approval of Rules of rendering services in transshipment in seaport

According to Item 1 of part 3 of article 17 of the Federal Law of November 8, 2007 No. 261-FZ "About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation" (The Russian Federation Code, 2007, No. 46, Art. 5557; 2008, No. 29 (p. I), Art. 3418, No. 30 (p. II), Art. 3616; 2009, No. 52 (p. I), Art. 6427; 2010, No. 19, Art. 2291, No. 48, Art. 6246; 2011, No. 1, Art. 3, No. 13, Art. 1688, No. 17, Art. 2313, No. 30 (p. I), Art. 4590, 4594; 2012, No. 26, Art. 3446; 2013, 27, of the Art. 3477, No. 30 (p. I), the Art. 4058) I order to No.:

Approve the enclosed Rules of rendering services in transshipment in seaport.

Approved by the Order of the Ministry of Transport of the Russian Federation of July 9, 2014 No. 182

Rules of rendering services in transshipment in seaport

I. General provisions

1. Rules of rendering services in transshipment in seaport (further - Rules) are developed according to Item 1 of part 3 of article 17 of the Federal Law of November 8, 2007 No. 261-FZ "About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation" <1> (further - the Federal Law).

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<1> Russian Federation Code, 2007, No. 46, Art. 5557; 2008, No. 29 (p. I), Art. 3418, No. 30 (p. II), Art. 3616; 2009, No. 52 (p. I), Art. 6427; 2010, No. 19, Art. 2291, No. 48, Art. 6246; 2011, No. 1, Art. 3, No. 13, Art. 1688, No. 17, Art. 2313, No. 30 (p. I), Art. 4590, 4594; 2012, No. 26, Art. 3446; 2013, No. 27, Art. 3477, No. 30 (p. I), Art. 4058.

2. These rules regulate engineering procedures of transshipment taking into account features of different types of loads and contain Regulations of Admission and delivery of the loads performed by the operator of maritime terminal and carrier, fix of acceptance and delivery of loads, procedure for registration of acceptance and delivery of loads and other rules.

3. These rules are applied in the seaports of the Russian Federation open for rendering services according to the Federal Law.

4. The list of operators of maritime terminals in each seaport, and also the list of the services rendered by them are determined in the Register of seaports of the Russian Federation which maintaining is performed according to the procedure, No. 51 established by the order of the Ministry of Transport of the Russian Federation of April 1, 2009 "About approval of the Procedure for maintaining the Register of seaports of the Russian Federation" (registration No. 13924) is registered by the Ministry of Justice of the Russian Federation on May 13, 2009.

5. Services in transshipment are operators of maritime terminals based on the agreement of cargo transshipment.

6. Under the agreement of cargo transshipment one party (the operator of maritime terminal) shall perform cargo transshipment for remuneration and execute other cargo transshipments of service and work defined by the agreement, and other party (customer) shall provide timely presentation of load for its transfer in the corresponding amount and (or) timely receipt of load and its export. Under the agreement of cargo transshipment by the customer the consignor (sender), the consignee (receiver), carrier, the freight forwarder or other physical person or legal entity <1> can act.

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<1> Parts 1 and 2 of article 20 of the Federal Law of November 8, 2007 No. 261-FZ "About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation".

7. Transshipment, subject to border, customs control, and in the cases established by international treaties of the Russian Federation and the Federal Laws and to other types of control, is provided taking into account rules of implementation of the corresponding types of control established by legislative and other regulatory legal acts of the Russian Federation.

8. The agreement of cargo transshipment can be signed concerning tare and breakbulk cargoes which quantity is determined by the account of places, including metal products, the mobile equipment (self-propelled and non-self-propelled), concrete goods and designs, timber cargoes (forest products, forest product), containerized freights, loads in transport packets, bulky, heavy and long loads (which length and weight exceed the maximum sizes and mass of load established by rules of transportations on the corresponding mode of transport) (further - general cargoes); loads, homogeneous on structure, transported without container or packaging by embankment or bulk (further - bulked (bulk) cargoes); loads, homogeneous on structure, transported in fluidity (in bulk) (further - liquid cargoes); loads which owing to physical and chemical properties and (or) other features inherent in them in transit, transfer and storage can create threat for life or health of the person, to do harm to the environment, to lead to damage or destruction of material values (further - dangerous goods); loads to which transportation special requirements for temperature condition, the mode of air humidity and number of other requirements of sanitary and hygienic nature are imposed (further - perishable loads).

II. Engineering procedures of transshipment in seaport

9. Engineering procedures of transshipment include set of the technological transactions connected with loading (unloading) of loads from one mode of transport on another, fixture of loads on the vehicle, technological accumulating of loads.

Engineering procedures of transshipment are performed according to the working fabrication documentation (working process charts, temporary technological instructions of transfer, local instructions on standard methods and acceptances of works, instructions for processing of dangerous goods).

10. The working fabrication documentation developed by the operator of maritime terminal for each type of cargo (group of homogeneous loads in the technological relation) covers all nomenclature of the loads overloaded by the operator of maritime terminal.

11. The operator of maritime terminal provides accomplishment of all technical specifications on loading (unloading) and cargo lashing on the vehicle, and the carrier watches correctness of loading (unloading) and cargo lashing on the vehicle.

III. Conditions of rendering services in transshipment and fix of acceptance and delivery of loads

12. The activities of the operator of maritime terminal connected with rendering services in transshipment in seaport are performed according to the requirements to navigation safety control established by the legislation of the Russian Federation on merchant shipping, the Federal Law, obligatory resolutions in seaport approved according to the Federal Law, other regulatory legal acts, and also acts of the captain of seaport.

13. Under the agreement of cargo transshipment by the operator of maritime terminal loading, unloading, movement in borders of seaport, technological accumulating of loads can be performed. By the agreement of cargo transshipment document creation on the loads which are subject to transfer and also implementation of other additional services and works can be provided. <1>

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<1> Part 4 of article 20 of the Federal Law of November 8, 2007 No. 261-FZ "About seaports in the Russian Federation and about modification of separate legal acts of the Russian Federation".

14. Within the agreement of cargo transshipment the operator of maritime terminal renders the following services:

marking, sorting, packaging of load;

reduction of load in transportable condition (in case of absence of damage);

fixture and separation of loads.

15. According to additional requests of the customer the operator of maritime terminal can render other services which are not entering the agreement of cargo transshipment on paid basis:

weighing, rastarka, zatarka, peretarka, pereveska, repacking, sorting, coordination;

subgroup of loads for forming of ship batch, picking of loads;

opening of cargo pieces for determination of quality, grade and check of content upon the demand of the customer, the boundary, customs and other authorities participating in control at check points through frontier of the Russian Federation, and subsequent their reduction in transportable condition;

dismantling of special devices when unloading from railway platforms of the equipment and means of transportation;

measurement of loads;

enlargement of cargo pieces by packaging;

special fixture and production of the devices provided by drawings of loading and calculations of cargo lashing on the vehicle;

other services concerning load.

16. Powers of the customer concerning its right to the order load shall be supported by the carriage document, the power of attorney or others stipulated by the legislation documents of the Russian Federation.

17. Suitability of the vehicles for cargo loading shipped from seaports is determined according to the requirements of the legislation of the Russian Federation established for the corresponding modes of transport.

Data concerning processing of vehicles or loads in seaport are provided by the operator of maritime terminal to the customer or person authorized by it. The operator of maritime terminal can refuse provision of the data representing trade secret according to the Federal Law of July 29, 2004 No. 98-FZ "About trade secret" <1>.

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