General Regulations 442

Ukrainian regulations on port dues

All tariffs and the rules for their application are quoted and translated in good faith and with care, and are considered to be correct. In cases of disputes arising from the interpretation of the rules, the official wording in Ukrainian shall prevail.

General issues

1. Port dues (tonnage, canal, light, berth, anchorage, administration and sanitary dues) shall be established in the sea ports for vessels and floating objects, sailing under the state flag of Ukraine and foreign flags, namely:

	Group
- Cargo vessels calling at ports for cargo operations and floating objects	A
- Passenger vessels including high-speed hydrofoil ships and ferries calling at a port for cargo-passenger operations, ice-breakers neither belonging to port of call nor hired by it	B
- Lighters, tugboats, pushing tugboats, pushers, self-propelled and non-self-propelled barges, self-propelled river-type vessels, including the river-marine ships of the Bratislava Agreement shipping companies calling at the Danube ports, as well as self-propelled river vessels calling at the other ports for further reloading of cargo on sea vessels and vice-versa	C
- Dumb craft (excluding barges)	D
- Vessels calling for refuge*, supply, quarantine and other needs and vessels arriving for repairs to ship-repair yards (bases) of Ukraine	E
- Auxiliary vessels and military ships	E
- Drill craft performing voyages as per curricula of educational institutions and carrying not fewer than 50 cadets, training vessels	E
- Scientific and research vessels, high-speed hydrofoil ships making regular coastwise voyages according to schedule (except voyages made for pleasure and cruise voyages)	E
- Other vessels (repair-yard vessels, salvage and underwater-maintenance vessels, maintenance vessels, hospital ships, hydrographic ships, auxiliary service craft of port of call, ice-breakers belonging to port of call or hired by it, racing ships, private yachts, sailing ships, vessels under running tests and fishing vessels calling at ports without cargo-handling operations)	F

Note:
Vessels ascribed to Groups C (tugboats and barges), E and F, performing commercial cargo voyages shall belong to Group A.

Vessels ascribed to Groups E and F, performing commercial cargo-passenger voyages shall belong to Group B.

* Calling for refuge means ship’s entering a port when there is a threat to further safe navigation, crewmembers’ and passengers’ lives or health.

The way the dues and charges are calculated and applied shall extend to participants in business of any form of property who do some work or render services in the sea ports or on the quays of the ship-repair yards of Ukraine, no matter what administrative authority these ports (quays) may belong to.

2. Payment of dues for transit passage of the Kerch-Yenikalsky Canal and Prorva Canal shall be performed by means of pre-payment, in lack of which it shall be performed immediately on entering the Canals if nothing else is stipulated.

3. Port dues and charges shall be based on the ship's conditional volume evaluated in cubic meters by multiplying the ship's three particulars (length, breadth and moulded depth) specified in the Measurement Certificate (main dimensions) or other document substituting it.

For sea vessels, except tweendeck ships, carrying cargo on the upper deck or which have two or more decks, the moulded depth used in the calculation shall be not less than half the vessel's breadth.

The volume of pusher barge systems, convoys of vessels and other compound floating objects shall be estimated as the aggregate volume of the components for all the dues and charges, but except the sanitary dues.

The conditional volume of RO-RO, RO-FLOW, OBO, LO-RO, container ships, cattle-carriers, LASH-carriers, car carriers shall be applied with a coefficient of 0,7. The ship’s type and specialization shall be determined by using the ship’s documents. The coefficient of 0,7 shall be applied only if the abovementioned vessels are used according to their specialization.

For vessels of Group B which have two or more decks the ship’s moulded depth used in the calculation of ship’s volume shall be half the vessel’s breadth.

4. Lighter-carrying vessels performing cargo operations with lighters in outer or inner roads shall be charged for the aggregate volume of lighters discharged on arrival and loaded prior to departure from the port.

5. For vessels of group A, sailing on foreign-going lines, opened according to the established routine, tonnage dues shall be collected with a 20% discount.

6. The main criteria for foreign-going lines are as follows:
- the establishment of obligatory and optional foreign and Ukrainian ports of call;
- the assignment of specific types of vessels for work on the lines;
- the establishment of a schedule for the assigned vessel's calls at Ukrainian ports;
- the registration of the line by the State Department for Merchant Marine and River Transport on presentation of port authorities (sea port).

7. For vessels calling at Yuzhny for loading general and bulk cargoes, the port authorities may apply a 50% discount on all port dues.

The following discounts shall be granted in the port of Yalta:
- a 50% discount on tonnage dues for ships ascribed to Group A;
- a 20% discount on all port dues for cruise passenger foreign-going vessels of Group B (excluding those performing cargo-passenger operations).

In the port of Odessa a 10% discount shall apply on all port dues for cruise passenger ocean-going vessels of Group B (except those performing cargo-passenger operations).

8. If several discounts on port dues apply to a vessel, only the largest discount shall be applied.

9. The state affiliation of a vessel and its corresponding status for collection of port dues shall be determined by the flag under which the vessel is sailing, independent of the affiliation of its owner or operator.

10. Port dues shall be paid in accordance with Decree of the Cabinet of Ministers of Ukraine No. 15 (15-93) dated 19^th February 1993 “On System of Currency Regulation and Control”.

11. Value added tax according to the Ukrainian legislation shall be paid on the amount of port dues, paid in the national currency. At this, the amount of dues, determined by the present regulations, for services rendered to vessels in coastal voyages, shall be increased by the amount of value added tax; in other cases the amount of VAT payable to the budget shall be calculated proceeding from the amount of dues collected in port without such increase.

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