.. REQUEST- DECLARATION -
GRANTING ACCESS TO THE TERRITORY OF “BMF PORT OF BURGAS” EAD AND INITIAL SAFETY INDUCTION ..

.. Rules of organisation and management of acces control regime ..

 
 

SECTION I. GENERAL PRINCIPLES.

1. The Practices of BMF PORT OF BURGAS EAD are a set of rules, norms and permanently established practices, applicable in the port. These Practices regularize also the conditions, procedures and norms for handling the visiting ships as well as the resulting relations between the port and its clients in the following cases:
a) when there is an agreement for applying them;
b) when an international or national norm refers to their provisions;
c) in case of disagreement between clauses of a maritime shipping contract and these rules, the relations shall be arranged according to the Practices of BMF PORT OF BURGAS EAD;
d) when a maritime shipping contract does not provide clauses about their application.

2.1. These Practices refer to BMF PORT OF BURGAS EAD

2.2. BMF PORT OF BURGAS EAD performs port operations and provides port services in its capacity of port operator according to Operational Suitability Certificate No. 256/1711.2011 issued by Executive Agency “Maritime Administration” of the Ministry of Transport, Information Technology and Communications of Republic of Bulgaria.

Section II. Notice of arrival

3.1 The master of a vessel shall inform BMF PORT OF BURGAS EAD through the agent of the vessel about the arrival of the vessel at the port giving a seven-day and a five-day notice and a final three-day notice, but not later than 24 h before arrival.

3.2. When the time for a vessel transit to the port is less than 24h, the NOA specified in the previous item shall be given three days in advance with following confirmation not later that one hour after the vessel leaves the port of departure.

3.3.1. In the final notice of arrival the master shall inform of:
1. the vessel name, call sign, IMO number, flag, MMSI;
2. the estimated date and time of arrival of the vessel;
3. the vessel’s maximum draught at arrival and at departure;
4. the vessel’s maximum overall length and width;
5. the vessel’s gross tonnage (GT) and deadweight tonnage (DWT);
6. cargo plan and loading/unloading instructions by holds;
7. availability of a thrusters propeller;
8. technical condition of the engine, hull and equipment;
9. the type, number, hoisting capacity, location and off-board swing of the hoisting equipment;
10. location, type and load capacity of the loading platform (for ro-ro ships);
11. complete information about the availability of lading documents;
12. number and size of holds and their hatches;
13. type and quantity of cargo, including presence of cargo on the deck;
14. general information regarding the vessel and cargo, possibilities for normal handling, presence of dangerous cargo; for liquid cargo – flammability point;
15. information about heavyweight and oversized cargo or special physical and chemical properties of the cargo;
16. need for fuel, fresh water and other supplies and services;
17. name, registered head office and address for correspondence of the vessel owner and vessel operator;
18. data about the forwarder and the cargo recipients, if known;
19. availability of an inert gas system and operational suitability;
20. need for crude oil washing and turn over of deposits.

3.3.2 In case necessary the master shall include in the final notice also:
1. a request for dunnage, spare packing or other materials necessary for loading and unloading;
2. documentation about possible fumigation of carried cargo, type of fumigants and decomposition period.

4. The vessel master shall inform BMF PORT OF BURGAS EAD through his ship agent about all events in the course of transit which might cause delay.

5. BMF PORT OF BURGAS EAD shall confirm receipt of the information and shall inform the master, through his agent, about the conditions of the vessel entry into the port, the quay for mooring and handling of the vessel, or the berth for awaiting its turn, as well as about the expected date when the vessel handling will start.

6.1. After arrival in the port, regardless whether the vessel is at quay or rides at anchor, the master shall submit to BMF PORT OF BURGAS EAD, through his agent, a Notice of Readiness (NOR). The vessel’s readiness for handling includes readiness of the cargo holds to accept cargo, of the vessel’s loading equipment to commence work, for opening of the load hatches, lighting of cargo decks and rooms, and readiness of the crew to accept and deliver cargo.

6.2. BMF PORT OF BURGAS EAD shall accept the Notice of Readiness regardless of the time when the handling of the vessel will start.

7. A vessel is considered to have arrived and taken its turn for handling at the time announced by the vessel master in the Notice of Readiness. That time can not precede the time of NOR submitting.

Section III. Cargo handling

8. Cargo acceptance, handling, lashing, unlashing, storage, transportation and dispatch shall be done according to a contract for port services, concluded between NMB PORT OF BURGAS EAD and the client. In case such a contract has not been concluded, the prices and terms in force as stipulated in the document “Terms and prices of the services of NMB PORT OF BURGAS EAD” shall apply.

9.1. Vessels piloted into the port for handling and are handled in the order of their arrival, unless otherwise agreed between BMF PORT OF BURGAS EAD and the client.
9.2. By request of the vessel master, when there is a risk of cargo perishing or deterioration of its quality, after a conclusion by the respective authorities, BMF PORT OF BURGAS EAD accepts the vessel without observing the order specified in the previous paragraph.

10.1 Before commencing of loading/discharge operations representatives of the vessel master and of BMF PORT OF BURGAS EAD shall inspect the cargo holds, the cargo in them, the vessel equipment and mechanisms used in handling in order to assess visually their condition.

10.2. Arranging and stacking of cargo in the cargo holds and on deck shall be done by BMF PORT OF BURGAS EAD under the immediate operating control of a responsible officer of the port according to the load plan and in conformity with the requirements of the vessel’s master, under his supervision.

10.3. The master of the vessel is responsible for appropriate distribution of cargo in the cargo holds, for cargo arranging, lashing and separation. The costs of damage in case of incorrect loading shall be at the expense of the carrier, or of BMF PORT OF BURGAS EAD – if the latter failed to observe the instructions of the vessel master.

10.4 The vessel master is obliged to ensure sufficient stability and optimum pitch of the vessel, reliable protection of on-deck equipment (traps, fans, air vents, hatchway lids, etc.) during the whole period of vessel handling, as well as uninterrupted receiving or delivery of cargo, except otherwise agreed.

10.5. The masters of vessels loading dangerous goods, bulk grain, on-deck timber, other on-deck cargo, live animals, and in other cases where safety requirements necessitate so, shall, before loading commences, submit to the director of Maritime Administration (the port master) through their agent a detailed cargo plan for approval. The cargo plan shall clearly demonstrate observance of the requirements concerning safe maritime transportation.
The port shall not commence loading in cases where such a cargo plan has not been submitted to its authorized staff.

11. BMF PORT OF BURGAS EAD shall inform the master in due time (and not later than four hours in advance) about each planned pulling of the vessel along the quay, transfer to another quay, about the beginning or end of loading and supporting operations and about other circumstances connected with the vessel handling.

12. Unless otherwise agreed, a vessel shall receive or deliver the cargo continuously, providing, free of charge, electricity, lighting, compressed air, steam, loading winches and cranes, tools and other accessories necessary for ensuring the handling of cargo and the safety of workers engaged. The idle time of port equipment and workers caused by faulty loading mechanisms of the vessel, power supply, lighting, lack of steam supply, poor intensity of operations due to inefficient cargo separation or to the need for special separation, shall be at the expense of the vessel.

13. Unless otherwise agreed, the vessel crew shall be responsible for opening and closing the hatchways of the vessel’s cargo holds. When handling is discontinued, hatchways shall be closed and opened by the vessel crew, and when port equipment is used that shall be at the expense of the vessel (carrier).

14. A vessel shall leave the quay not later than four hours after its handling is completed. Occupying a berth by request or fault of the vessel and/or the client for longer than four hours before commencing, in the course of and after finishing of loading/unloading operations shall be charged additionally EUR 600 (six hundred euro) per newly-started hour, which is to be paid by the faulty party.

Section IV. Consecutiveness and vessel lading/unloading norms

15. Vessels shall be handled in the order of their arrival.

16.1. A liner the handling of which is not regulated by a special regulation or agreement shall take the place of the first vessel which frees a berth, thus coming before the other vessels waiting to be handled.
16.2. Priority under the above paragraph shall have also liners which have not been specified as such for a concrete carriage, and also vessels carrying fast perishable plant and animal products and live animals.
16.3. A vessel which is to be loaded immediately after its unloading, shall be accepted for loading after its unloading if finished.

17.1. Loading and unloading norms for vessel handling are specified in Appendix 1 with these Practices. Those norms can be higher or lower according to agreement.
17.2. In case of change in the cargo handling technology, unusual characteristics or properties of the cargo and other reasons connected with the operating conditions, the Executive Director of BMF PORT OF BURGAS EAD may change some of the loading/unloading norms specified with these Practices.

18.1. Vessel handling is calculated according to the loading/unloading norms indicated in Appendix 1 considering the type of cargo, the handling method, etc.
18.2. When a vessel is to be handled at roadstead, the loading/unloading norms shall be as agreed.

19. Every cargo which is not specified in Appendix 1 shall be specially contracted.

20.1. In cases where a notice of arrival has not been sent, is sent late or is inaccurate (the 3-day notice and 24-hour notice, the vessel arrival shall be considered 24 hours later than actual.
20.2. In case a vessel arrival is delayed and is later than the announced time, all expenses and damage for its cargo connected with such delay and with the idle time of transportation equipment, mechanisms and work force shall be borne by the faulty party.
21.1. Except for tankers handled at a non-specialised quay, one movement of a vessel during loading and one during unloading shall be at the expense of the vessel. Laytime shall be extended with the time for such movement. If a vessel fails to pay for such movement, the movement cost shall be borne by the client.
21.2. Any other movement of a vessel shall be at the expense of the party which requested it.
21.3. Tugging of a vessel at a quay when loading or unloading is not considered a movement.

V. Laytime

22. The laytime of a vessel is calculated based on:
a) cargo type and quantity;
b) the vessel /hatch norm for the respective cargo type/packing;
c) the number of hatchways provided for handling, when the norm is in hatches per 24h.
Note: The laytime of a vessel when the quantity of cargo in one of its holds is three times greater or more than the quantity of cargo in any of its other holds shall be calculated on the basis of the cargo in that hold based on one latch.

23.1 The laytime of a vessel starts to run from the date and time of NOR acceptance by the port as follows:
a) from 14:00 h when the time of readiness stated in the notice is before 12:00 h and the very notice is delivered to the port by 12:00 on the same day;
b) from 08:00 h on the next day when the time of readiness stated in the notice is after 12:00 h, or the very notice is delivered at or after 12:00 h;
c) from the moment when handling actually started – in case it started earlier.
23.2. When a NOR is not submitted or is not accepted by the port, the laytime commences from the moment of starting of the vessel handling.
23.3. A vessel which is not ready with the cargo shall lose its turn in the arriving sequence and the laytime shall commence from the actual start time of handling, regardless of the date and time of the delivered notice of readiness.

24. For a ship which starts loading immediately after unloading at the same port laytime shall be calculated for the two operations separately (loading and unloading).

25. In case the cargo plan is changed in the course of handling the vessel, the laytime is recalculated according to the final cargo plan.

26. The commencing of laytime of a vessel whose cargo plan for loading or unloading has been submitted to the port later than the notice of readiness shall be postponed for the same period as the delay of submitting.

27. The time from 06:00 h on Saturday and on days before a holiday to 08:00 h on Monday and on days after a holiday shall not be considered laytime if no work is carried out during that time.
28.1 The laytime of a ship shall be extended:
a) when loading/unloading does not start due to force majeure events or weather conditions posing a risk for the cargo or for the correctness or safety of loading/unloading – by such a period as the period of interruption of the handling for such reasons;
b) in case of a power failure on the vessel for more than 15 minutes if the failure is not through the fault of the port – by the period of failure;
c) in case of outage due to failure of the vessel loading/unloading equipment, when the loading/unloading operations are carried out by that equipment, if the failure is not through the fault of the port – by the period of outage;
d) when a ship is moved and movement is not by request of the port – by the time of interruption;
e) when the handling of a vessel is interrupted due to lack of load in the port, or lack of transportation means the in case of direct handling of import cargo – by the time of interruption; and in case of insufficient load flow or insufficient transportation means which results in failure to reach the hourly norms of the vessel – by the unused time. Unused time is calculated as the product of multiplying the poor efficiency time and the vessel’s hourly norm is reduced by the quantity of cargo actually handled and is divided by the hourly norm. The time of interruption due to lack of load or transportation means and unused time shall be established by a statement for each individual case, signed by a representative of the port and of the shipper, and in case of refusal of the latter – by the vessel administration or by two witnesses;
f) when the handling of a vessel is suspended or prohibited by order of the respective inspection bodies or government authorities but not through fault of the port – by the time of suspension;
g) when the handling of a vessel equipped with automated closing is interrupted due to failure to open or close the hatches in time – by the time of interruption;
h) when a vessel is moved or its handling is interrupted for bunkering or other supply – by the time actually taken;
i) when a new cargo plan is made in the course of loading through fault of the shipper or the vessel master, due to reorganization of work and for load preparation – by the time of delay;
j) in case of lack of dunnage, paper, separation materials, lighting, etc. which hampers the handling of the vessel – by the time taken to eliminate such causes;
k) in case of any idle time of the vessel for the above mentioned or other reasons but not through fault of the port.
28.2. All idle time of the vessel for reasons stated above and other reasons shall be recorded in the timesheet. When idle time for such reasons is through fault of the shipper, that shall be taken into account in the settling between the vessel and the shipper. The provision of load or sufficient load flow as well as sufficient transportation means is considered an obligation of the shipper, unless otherwise provided.

29. In the following cases laytime shall be the same as the time actually used:
a) if so contracted with the client;
b) when cargo is handled in vessel holds which have not been indicated as cargo holds in the vessel plan (coal bunkers, side corridors, tanks etc.) – for the time taken to handle the quantity of cargo;
c) when a load is moved from one hold to another in the same ship, or within the same hold, in case that is necessitated not through fault of the port – for the time taken to move that quantity of cargo;
d) when handling a vessel which arrived with its cargo improperly stowed or not separated by consignments, which delayed its handling – for the quantity of cargo in such condition;
e) in case of effective strike actions – for the time until they stop;
f) when dangerous goods, live animals, fruit or vegetables and perishable goods (including liquid ones) are handled as well as cargo subject to special quarantine procedures, measures and prohibitions, and that delays the handling of such cargo – for the quantity of cargo in such condition;
g) when handling cargo which arrived in altered state (compacted, hardened, frozen or melted) and cargo of temperature higher than 40o C – for the handled quantity of cargo;
h) in ambient temperature lower than 10o C below zero and when working in holds of freezer vessels – for the quantity of cargo handled in such conditions;
i) when cargo is loaded onto a vessel and then unloaded from it, or vice versa, which is necessitated not through fault of the port – for the handled quantity of cargo;
j) when handling vessels with hatches of dimensions less than 20 sq. metres;
k) when handling oversized cargo using more than one crane, including in a combination with a mobile or floating crane;
l) when handling different general cargo;
m) when handling cargo no deck – for the quantity of on-deck cargo;
n) when handling military vehicles;
o) when handling cargo of such characteristics (specific gravity, state etc.) which radically differ from the characteristics announced in advance and/or from the usual characteristics, and that necessitates changing the handling technology and/or speed.

VI. Services provided to the vessels visiting BMF PORT OF BURGAS EAD

30. All services necessary for normal stay in port, cargo handling in fulfilment of a maritime shipping contract, bunkering, fresh water and foodstuff supply and other contacts and arranging of relations with Bulgarian business entities, administrative and judicial authorities shall be provided after concluding an agency contract with the respective maritime agency.

31.1. The vessel agent represents the vessel owner and the vessel master before the port authorities, all government authorities, institutions, organizations and persons in the Republic of Bulgaria in relation to the arrival, stay and departure of a vessel; s/he is authorised to conclude, on behalf of the ship owner, transportation, insurance and cargo handling contracts, to issue and sign bills of lading, deliver cargos to their legitimate owners, to collect receivables of the vessel owner, to pay amounts by order of the vessel owner or the vessel master, and to lay claims and lodge complaints on their behalf before Bulgarian courts.
31.2. The parties may agree to limit or expand the above powers.
31.3. It is the agent’s duty to take care of the interests of the vessel owner, follow his/her instructions and directions, provide to him/her the needed information about the progress of an assigned task, render an account of received and spent amounts, and in general – to strive to protect the vessel owner’s interests and rights.
31.4. The agent shall inform the vessel master, and if so requested – also the vessel owner, about all local rules and norms of significance for protecting the vessel owner’s interests.

32. Unless otherwise provided, the vessel owner shall provide by the vessel agent’s request respective advance amounts for covering the expenses connected with the vessel agenting.

VII. Lashing and unlashing of cargo

33.1 Lashing and unlashing of cargo of the vessels calling at BMF PORT OF BURGAS EAD is done by the Operator’s specialized teams.
33.2. By request of the client lashing materials can be furnished by him and at his expense provided the following requirements are met:
- the materials comply with international standards and requirements;
- the client rents a storehouse for materials on the territory of the Port and pays respective rent;
- the client establishes such organisation as to ensure timely purchasing of accessory and lashing materials, which are provided to the Port to carry out respective cargo handling operations, and the service is paid for according to agreement.
33.3. In case lashing materials are not available or are provided with delay the Port shall do the service using own means, and the service is paid for according to the “Terms and prices of the services of BMF PORT OF BURGAS EAD” in force.

33.4. When it is necessary to fumigate the timber used in lashing and issue an appropriate certificate, the client shall request that in writing and shall guarantee payment. Such a request shall specify also the dimensions and approximate quantity of timber as well as the date of loading.

VIII. General provisions and interpretations

34. It is the obligation of the vessel administration to provide baffle-board, dunnage and paper at its expense, unless otherwise agreed.

35. If for some reason in the course of loading or unloading the loading/unloading works in any of the holds have to be suspended, the vessel shall ensure its covering.

36.1. For full cargo freighted vessels, except for timber freight, the master is obliged to make available to the shipper all cargo holds of the vessel except the upper deck. Yet the shipper has the right to use the upper deck also, provided the vessel master gives his consent to allow loading it fully or partially.
36.2. For a trip or lump sum freighted vessels the master is obliged to place at the shipper’s disposal all cargo holds of the vessel and also the deck.

37. Loading and lashing of on-deck cargo is at the expense of and the responsibility of the vessel.

38. Where necessary the vessel shall provide to the client free of charge vessel loading/unloading equipment furthering successful loading or unloading.

39. When unloading or loading heavyweight cargo by means of loading/unloading equipment of the vessel the latter shall ensure supervision of loading/unloading and the necessary number of pieces of equipment.

40. The expressions listed below, which are used in maritime transport contracts and in other formal maritime relations, shall, according to the Practices of BMF PORT OF BURGAS EAD, be interpreted as follows:
a) “around the specified date”: within a deviation of four 24-hour periods earlier or later than the specified date;
b) “around the beginning of the month”: from the 1st to the 10th day of a month;
c) “around the middle of the month”: from the 11th to the 20th day of a month;
d) “around the end of the month”: from the 21st to the last day of a month;
e) “the middle of month”: the 15th day of a month;
f) “the end of month”: the last day of a month;
g) “at the end of the month or the beginning of next month”: within the last 5 days of a month and the first 5 days of the next one;
h) “in the first half of the month”: from the 1st to the 15th day of a month;
i) “in the second half of the month”: from the 16th to the last day of a month;
j) “regularly by months”: arrival of ships shall be evenly distributed in the course of months;
k) “a vessel arrival in due time”: the vessel shall be received within 21 days for grain cargo and within 10 days for all other types of cargo;
l) “prompt arrival of the ship”: the vessel shall be received within 5 days;

m) “alongside ship”: the cargo acceptance or delivery is done alongside the board of a vessel;
n) “loading /unloading shall be in done in consecutive favourable days”: the vessel shall be loaded or unloaded within successive days with the exception of days of bad weather;
o) “workday”: loading and unloading is done in normal working days, i.e. weekends and holidays are excluded as well as days announced by national or local authorities as holidays;
p) “opportune workday”: loading/unloading is done on working days excluding weekends, holidays and local days off as well as days of bad weather;
q) “dangerous goods” are goods specified under an IMDG code, goods under chapter 17 of IBC code and chapter 19 of IGC code.

41. Loading hatches of normal size are considered to be hatches of dimensions over 20 sq.m. For hatches of smaller size the usual loading/unloading norms are reduced by 50%.

42. The Port is entitled to request the client to pay in advance for the services and materials connected with port operations and according to the “Terms and prices of the services of BMF PORT OF BURGAS EAD” in force or according to a contract.

43. These Practices of BMF PORT OF BURGAS EAD and the appendices with them are subject to registration at the Bulgarian Chamber of Commerce and Industry – Burgas and shall be valid for all vessels and related persons within the land and maritime territory of BMF PORT OF BURGAS EAD.

APPENDIX 1

T A B L E S

Of vessel loading/unloading norms and handling
In BMF PORT OF BURGAS EAD

Table No.1: BULK CARGO
№ Type of cargo Norm – tons/vessel/24 hours
1 Salt 1500
2 Ground oil-cake, meal 1500
3 Coke 3000
4 Ore 5000
5 Concentrates 3000
6 Slag 4500
7 Kaolin 1500
8 Sugar 2000
9 Fertilizers 3000
10 Sulphur 2000
11 Coal 5000
12 Lump ore 3500
13 Scrap 1000
14 Cast iron 1000
15 Maize, wheat 2000
16 Barley, sunflower seed 1500
17 Cotton seed 1500
18 Gravel 2000
19 Clinker 6000

Table No.2: PACKED AND NON-PACKED CARGO UNITS
(excluding the cargos specified in Table No.4)

№ Cargo unit – kg Norm – tons/vessel/24 hours
1 0-40 700
2 41-80 800
3 81-500 1500
4 501-1500 2000

Table No.3: CASES, CARDBOARD BOXES
(excluding the cargos specified in Table No.4)

№ Cargo unit – kg Norm – tons/vessel/24 hours
1 0-20 500
2 21-50 550
3 51-800 600
4 801-1500 700

Table No.4

4.1. CARGOS FOR WHICH CONCRETE NORMS APPLY

№ Cargo unit – kg Norm – tons/vessel/24 hours Norm – tons/hatch/24h
1. 501-1500
-big bags 2000
-slings 1500
-pressed wood 1000
-packed timber 800
-wire rods 1500
-steel sheets 1500
-concrete reinforcement-bunches. 750

2. 1501-5000
-metals – bunches; bundles 600
-rolls 700

3. Over 5000
-rolls, slabs 800

4.2. CARGOS FOR WHICH CONCRETE NORMS APPLY

№ Cargo type, cargo unit Norm –tons/vessel/24 h
1. Bales 0 – 120 kg 400
2. Bales over 120 kg `
3. Paper rolls up to 1000 kg 400
4. Paper rolls over 1001 kg 600
5. Rolls, coils up to 500 kg 350
6. Rolls, coils 501 – 1000 kg 500
7. Rolls, coils over 1001 kg 600
8. Glass, cases, regardless of unit weight 200
9. Rails 1000
10. Firewood 400
11. Timber 500
12. Full pallets, up to 800 kg 250
13. Full pallets, 801 – 1600 kg 400
14. Copper cathodes, anodes 1000
15. Lightweight cargo – cigarettes 40
16. Stone blocks 1500

Notes:
1. Each pair of parallel hatches is considered to be one hatch.
2. Tables No.2 and No.3 shall be applied when a concrete type of cargo is not mentioned in Table No.4
3. (3) When handling vessels of gross tonnage up to GT3000, the loading/unloading norm shall be reduced to 1500/ship/24h
4. Above norms are not applied for direct loading/unloading from/onto railway cars or trucks.