Kadmar Circular No. 65/2019
Kadmar Circular No. 65/2019
kadmar Posted on Sunday, December 15, 2019
Egypt Ministry of Transport Decree No. 62/2019
Berthing Priorities Regulations at Red Sea Ports



Please find attached a copy of Egypt Ministry of Transport Decree No. 62/2019 issued on 24/10/2019 regarding berthing priority regulations in Red Sea Ports. Please find hereunder a free English translation for your easy ref.

QUOTE

Ministry of Transport
General Authority of Red Sea Ports
Decree No. 62 of 2019
Dated 24/10/2019

Chairman of General Authority of Red Sea Ports

After reviewing

General Authority Law No. 61 of 1963;
Presidential Decree No. 57 of 2002 regarding organizing of the ministry of transport;
Presidential Decree No. 217 of 1978 regarding establishment of the Red Sea Port Authority;
Prime minister Decree No. 316 of 2019 regarding our appointment as the Chairman of General Authority of Red Sea Ports
Prime minister Decree No. 488 of 2016
Board of Directors of the General Authority of Red Sea Ports Approval No. 217/ 2019 issued in its session held on 11/09/2019 for priorities for vessels, which is deemed by the Minister of Transport
And our instructions
DECIDED

Article One

Enforcement of the attached rules and regulations regarding berthing priorities.

Article Two

All previous decisions regarding this matter to be cancelled.

Article Three

This decision shall enter into force on the day following its publication in the Egyptian Gazette.

Chairman
Admiral Reda Ahmed Ismail
RULES AND REGULATIONS

Berthing priority System

Rules for vessel arrival and berth reservation at Suez/Adabiya ports.

Item 1 – A vessel will not be considered arrived unless the Master informs Port Authority of ETA at least 24 hours prior arrival.

Master / Owner / Agent are responsible for ETA notices.

Item 2 – No berth will be booked for the vessel unless berthing declaration is completed and accepted by the electronic system.

This berthing declaration must be presented to port Authority at least 24 hours prior to vessel’s arrival. The vessel’s agent is responsible for submitting the freight cargo Manifest and the loading plan together with the stevedoring request presented to stevedores.

Item 3 – Master / Agent have to report on arrival to the port control by V.H.F or by cable. This is to preserve her turn. The port authorities do not bear any responsibility or obligation towards the ship in case of any breach from the Master, Owner or the shipping agency as their representative, even if this results in losing its turn.

Arriving vessels will enter the anchorage (inner / outer) of the port in case the number of vessels staying at anchorage does not exceed 10 vessels, otherwise the vessels will remain outside and be allowed to enter the port according to the following rules:

A) Vessels requesting medical service or provisions. Master and the shipping agency notify that and the vessels will depart as soon as the purpose is completed.

B) Sailing ships or ships of less than 250 feet length

C) Ships scheduled to berth the next day

D) Ships to enter for discharging by barges, based on the notification of the shipping agency or the concerned party.

E) Egyptian vessels

F) Vessels with all crew of Egyptian nationality.

G) Vessels arriving for repair upon request of the repairing company, taking into consideration that the number of vessels does not exceed 5 vessels for internal security of the port.

Item 4 – If the agent submitted wrong data to the port Authority, the port authority has the right to cancel the dedicated berth without any obligation before it and the shipping agency bears that and the request is not allowed to be reconsidered except after reviewing the ship's documents (notice of arrival, stowage plan and the manifest / forms) (F A L)

Item 5 - Ships that are found to be out of order or the condition of their machines are not in a proper condition that permits ensuring safety entry or berthing, as well as ships whose cranes are unsuitable or their cranes are not valid for operations. The port authorities may not permit their entry or berth on the designated Quay except after confirmation of safety berthing process and operation according to port rates and upon the approval of the Stevedoring company to operate it.

Item 6 - Ships coming for repair or existing for repair are not allowed to be given any facilities except after one of the companies operating in the port and designated for ship repair has to submit an application regarding repair 24 hours prior to ship’s arrival

Item 7 - Ships coming for supply are allowed to enter for a period.

Item 8 – If the number of berths cannot accommodate vessels arriving, the priority in berthing will be as follows:

1 – Cruise and passenger vessels

2- Livestock vessels

3 – Following general cargo vessels:

(A) Ro-Ro and Container vessels

(B) Liner vessels according to following rules:

1) Arrival is based on previous notices in consideration with items (1,2,3 and 4)

2) Volume of cargo on board doesn’t need more than 48 hours for discharging.

3) Kind of cargo and how it is stowed inside holds enables handling with the vessels equipment in such a way as to achieve rates for the assigned berth.

4) In case of loading, cargo to be ready enabling loading operation to be continuous till at least midnight.

5) Handling the cargo (loading / discharging) not to exceed half the cargo allowed for the vessel.

6) Other vessels according to their arrival priorities and suitable berths.

Provision vessels are excluded from the above, as they have their own berth as well as supply and Navy ships.
Section Two
General Regulations of berthing vessels.

Item 1 – If the Ship’s agent or concerned party refuses to operate the ship at full strength in accordance with the requirements of work in the port and upon the decision of the port authorities at additional times, the ship loses her turn in berthing and leave the berth if berthed at Quay.

Item 2 – If the Ship which refuses to leave the berth for any reason complying to the Port Authority instructions, the extra working time will be on vessel’s or concerned party account in order to leave the berth at the nearest time.

Item 3 – Any Ship completes her discharging/loading operation is obliged to leave the berth within two hours after the completion of the operation, otherwise she will burden the following expenses in addition to any other formalities that will be taken by the port Authority:

(a) Pilotage dues for every late hour (article 13,14,15, of Law No. 9/1965 and the amended articles by Law No. 39/1965 and the Minister of transport Decree No. 71/1976 and Decree No. 488/2015 together with its amendments)

(b) Minimum of two tugs/move dues for every late hour and the vessel shall not sail unless the ship’s agent submits an undertaking letter for settling the required expenses.

Item 4 – If any Ship is not ready for berthing at any Quay which is fixed by the port authority and will not berth within two hours according to the Port Authority notice, the vessel will lose her right to berth and the Authority has the right to cancel vessel’s berthing and the berthing will be granted to another vessel.

Item 5 – The Ship is not allowed to move while at berth without any pre-permission from the port authority and vessel will burden any commitment that may be resulted due to this action.

Item 6 – If a ship has reefer goods and its nature requires to be handled at night only, a berth will be assigned to work at night only. The port authorities may vacate the berth during the day without objection from the captain, owner, or agency of the ship.

Item 7 - The ship or the shipping agent shall be responsible for any loss or damage to any of the Authority's facilities (berth, barge, tug boat, fender ...... etc)

Item 8 - The ship or the shipping agency is responsible for bearing the expenses of recovering any fouling or waste as a result of cleaning the ship's holds or the result of discharging/loading operation.

Item 9 - The ship or the shipping agent shall be responsible for any damages resulting from the leakage of any liquids on the water surface or the quay, and the ship or the shipping agency shall bear the expenses related to removing these fluids or oils without prejudice to the rules of the pollution law.

Item 10 - The port authorities have the right to shift any ship from the berth to anchorage without intercepting her captain or whoever represents her, in the following cases:

(a) If it is occupied a passenger berth

(b) If ships do not abide by the port instructions mentioned in item 1, 2 of the provisions of this section.

(c) Ships that are unable to operate as a result of the failure of their cranes or prove that these cranes are not fit to achieve the productivity of the ship and in the absence of shore cranes available for full energy operation.

(d) Ships that are unable to discharge with full capacity as a result of the lack of sanitary or agricultural release of the imported goods on board.

(e) Ships with specific goods exceeding the available storage capacity without obtaining prior approval from the port authority for importing these goods.

(f) Ships that their discharging/loading rates are intermittently will not achieve the required productivity during operation.

(g) Ships whose cargo can be handled at inner anchorage using barge to leave the berth for another ship.

(h) If ships arrive for discharging operation only and it is not notified of their shipment until after the berthing, the berth will be cleared after the end of discharge operation, and it will be allowed to return the berthing. The berthing date is considered to be the end of discharging operation.

(i) Ships whose shipments data is found not to be identical in terms of quality or quantities during operation to what was stated in the ship's notification

(j) Ships at berth with any operation.

Item 11 - The port authorities have the right to operate some ships at anchorage, when that is appropriate to the quality of the goods on board of ships whose draft is not permitted to berth and the shipping agencies or Shipping Companies commitment to operate the ship.

Item 12 - The port authorities have the right to vacate the berth from the ship in cases related to ship safety or in cases of accidents.

Item 13 - The port authorities have the right to shift a ship from one berth to another when it is necessary to maintain her productivity.

Item 14 - The captain, the owner of the ship, or the shipping agency are responsible for any errors in the data submitted to the authority and any consequent failure to berth the ship at the quay designated for it or any other damage.

UNQUOTE

Pls be guided accy

Best Regards,
Kadmar Shipping Co.

Egypt Ministry of Transport Decree No. 62/2019