3.1 - ADMINISTRATIVE PROVISIONS

3.1.1 - Title

These Regulations may be cited as “ADNOC-Petroleum Ports Authority Port Regulations 2017”. 

3.1.2 - Port Limits

For the purposes of these regulations the Ports mentioned in paragraph 1 shall mean all waters and installations within the limits described hereafter:

i. Jebel Dhanna / Ruwais Port Limits

To mean all waters inside the below listed coordinates to the coast up to the Spring High Water Mark, and shall include all jetties wharves, structures, sea-berths, reefs, rocks and sand-bars and islands, excluding Sir Bani Yas Island, within the said area.

ii. Das Zirku Island Port Limits

To mean all waters encompassed by a line joining the following positions, including all jetties, wharves, structures, sea berths, reefs, and-bars, and islands within the said area:

iii. Mubarraz Island Terminal – Port Limits

To mean all waters encompassed by a line joining the following positions:

3.1.3 General Provisions pertaining to all licences, permissions and permits

1. The Petroleum Ports Authority may grant Licenses under certain restrictions and based on compliance with certain rules. The restrictions and rules may only serve to protect the interest of the Company.
2. The Petroleum Ports Authority may issue a provisional or partial License for a limited duration and under specific conditions to allow a License holder time to build up its organization, resources, materials and equipment to meet up with the required standards as set out by Petroleum Ports Authority.
3. The Petroleum Ports Authority may attach a period of validity as it deems fit to any License or Permit.
4. Verbal permission may be granted for a once-only conduct or act.
5. The oral issuance of a Permit shall be entered in writing in a log by the issuing individual and communicated to the management.
6. Granting a License or Permit is normally done in writing.
7. A License or Permit may not be issued if it conflicts with one or more interests protected under these Regulations, in particular for reasons of order or safety in the Port.
8. The issuance of a License or Permit may be withdrawn if payment due for that Permit or Licence has not been received.
9. The issuance of a License or Permit to replace an expiring License or Permit may be refused, if it is proved that during the last period of validity, no use or only limited use of the Licence or Permit concerned was made.
10. A Permit/ License may be suspended partially or in whole or may be withdrawn partially or in whole for the remaining part of the validity if the requirements specified by the Petroleum Ports Authority are not met.

3.1.4 - No transfer of licenses and permits

1. No License or Permit may be transferred or assigned or otherwise used by any person other than the named license or permit holder.
2. The merger, transfer of shares of the holder of the License or Permit or any other method that in fact constitutes the sale, transfer or merger of a company to or with another owner shall be considered as transfer of that License or Permit to another person.
3. In such cases the Petroleum Ports Authority may choose to withdraw and reissue the License or Permit.

3.1.5 - Obligations of holders of licenses or permits

1. The holder of a License or Permit shall show the authentic Licence or Permit.
2. The holder of a License or Permit shall, when providing services as enlisted within the License or Permit, observe the restrictions and rules attached thereto.

3.2 - TARIFFS

3.2.1 - Port tariffs

1. The Petroleum Ports Authority may establish tariffs for any services (Marine &/or additional) rendered in a Port.
   The tariff publication shall state:
   1. the tariff.
   2. the natural or legal person(s) liable to pay the tariffs
   3. the possible exemptions.
   4. the subject of the tariff.
   5. the event for which the tariff will be due;
   6. the standard for the tariff.
   7. the method of levying.
   8. the starting time of the tariff.
   9. the time of ending the tariff.
   10. the terms of payment.
   11. the person or organization charged with the collection of the tariff.
   12. the increase in the amount due and any fines that may be imposed in case of not declaring, non-payment, late payment and other violations of the tariff arrangement.
   13. the documents to be presented.
   14. all other provisions of importance for the establishment of the amounts due and for the collection thereof.
2. The tariffs may be levied by way of advance payment or any other method acceptable to the Petroleum Ports Authority.

3.2.2 - Tariffs of service providers in port

The Petroleum Ports Authority shall from time to time establish and publish tariffs for services in a Port, such as tug services, pilot services, line handling, cargo handling supervision, taking into account a reasonable ratio/balance between the number of services rendered, the effort and investments needed to be able to render those services and the tariff.

3.2.3 - Payment of Port Charges

The Owner, Master and Agent of every Vessel using a Petroleum Port are jointly and severally liable to pay the Petroleum Ports Authority, prior to entry into such Port, all applicable Port Charges and Port Dues in respect of that Vessel as prescribed in the schedule of Port Charges.
If one of the persons mentioned in this Article has complied with this obligation, no further obligation shall rest on the other persons.

3.2.4 - Port Clearance

The Owner, Master or Agent of every Vessel wishing to leave the Port shall obtain port clearance from the Petroleum Ports Authority and/or Harbour Master. Port clearance may be withheld from any Vessel by the Harbour Master for non-payment of Port Charges, for any violations of the provisions of the Laws and Regulations, or for any legal cause or restraint which has been duly ordered by the Court in Abu Dhabi or Federal Court insofar as that court has jurisdiction.

3.2.5 - Schedule of Tariffs

1. General
   
   The Owner, charterer or Agent of any Vessel, other than Excepted Vessels who requires such Vessel to enter the Port, regardless of the purpose, must pay in advance, Port Charges to the Petroleum Ports Authority in accordance with the scale of charges set forth in this Article. The single port charge per Vessel, per visit, is levied for the following Port Services, supplied relative to a Vessel’s size and its business in the Port.
   1. Pilots and pilot launches
   2. Port tugs for one berthing and one un-berthing
   3. Mooring launches and gangs for one berthing and one un-berthing
   4. Port Control office and services
   5. Port emergencies and Safety
   6. Port security
2. Port Charges
   
   1. Vessels of ≥ 4,500 NRT The charges for any Vessel of 4,500 NRT and above which enters and berths at a terminal will be calculated by multiplying the Gross Registered Tonnage (GRT) of that Vessel by an amount in UAE Dirhams as determined from time to time by the Petroleum Ports Authority.
   2. Vessels of < 4,500 NRT
      The charge for any Vessel of less than 4,500 NRT which enters and berths at a terminal or cargo wharf will be a “minimum fixed charge” as determined from time to time by the Petroleum Ports Authority.
3. Shifting Charges
   
   Shifting charges for Vessels will be levied for each shifting i.e. from berth to anchorage or vice versa or berth to berth as determined from time to time by the Petroleum Ports Authority.


4. Charges for Delays
   
   Charges for delays to Pilot/Marine Services, etc. Whenever a Pilot is delayed after the stated time of berthing/un-berthing due to a Vessel being not ready to proceed for whatsoever reason through any fault of the Vessel, Vessel’s Agent or terminal a charge for such delays will be levied against the Vessel or terminal per hour or part thereof at a rate equivalent to the hourly Pilot or Tug rate or both or part thereof.


5. Country Boats
   
   Country Boats i.e. vessels less than 100 NRT will be charged a nominal standard port levy as prescribed in the scale of charges hereof.


6. Charges for Vessels not carrying out cargo operations
   
   Any Vessel which anchors within the designated anchorage areas after completion of cargo operations will be charged as per charges specified in 3.2.6.
   Vessels anchoring within the designated anchorage areas awaiting next cargo, port call, or any reason whatsoever will also be subject to charges as specified in 3.2.6.
   
7. vii. Special Marine Services - Ruwais Port only ADNOC Logistics & Services’ hire rates for special marine services, e.g. diving and outside port limits chartering are available on request from the Port Control, Various standard hire rates are indicated below for information.


8. viii. Fire- fighting Tug Surcharge - Ruwais port only
   
   A surcharge for a standby fire-fighting tug is to be applied to all vessels using fixed jetties at Petroleum Ports, the surcharge shall be as determined from time to time by the Port Petroleum Ports Authority.

The following charges will be levied upon Vessels entering the Ports as from 1 June 2020, in accordance with the Port Regulations. All charges are in UAE Dirhams and are subject to change and/or amendment in which case an up-dated Port Charges schedule will be issued

3.2.7 - Port Dues (Oil Tax)

Law No. (2) of 1972 as amended by Law No. (2) of 1984. 

Port Dues (Oil Tax) will be levied in the amount of AED 1.00 per ton of gross registered tonnage of each Tanker that is loaded with hydrocarbon substances or any other substances at the Ports or petroleum loading centres in Abu Dhabi Emirate.

The Port Dues (Oil Tax) in relation to any Tanker that loads at Ports or petroleum loading centres in Abu Dhabi a load of hydrocarbon substances which is less than the full summer deadweight tonnage of the tanker, will be determined by calculating the amount of Cargo actually loaded as a percentage of the deadweight tonnage of the Tanker and by applying the above rate with reference to the following table:

All charges referred to in this table, or elsewhere in these Regulations are exclusive of VAT and VAT will be applied, insofar as VAT is applicable

However, in the event that the Tanker is loaded with a part Cargo of hydrocarbon materials from two or more Ports, or from two or more loading centres in Abu Dhabi during the same voyage, the Vessel is not committed to pay Port Dues (Oil Tax) whose total exceeds the percentage due on the total quantity loaded.

Tankers which use any Port facility for the express purpose of purchasing any kind of fuel for use in such tankers shall be exempted from payment of such Port Dues (Oil Tax). This exemption will apply for one year with effect from the date of promulgation of the law and is automatically renewable for additional periods of one year each unless exemption is amended or cancelled. Throughout the period of exemption, the Tanker shall remain liable to pay all other dues, rates and all other items for which it was liable prior to promulgation of this law.

3.3 - REPORTING, NOTIFICATION

3.3.1 - Reporting and Procedural Requirements

1. The Master, owner, charterer and/or Agent of any Vessel calling at the Port are jointly and severally required to ensure that the Petroleum Ports Authority is notified of:
   1. The expected time of arrival of the Vessel at the Port, at least 72 hours prior to arrival along with the Pre-Arrival Questionnaire for the relevant Terminal (as available on the Petroleum Ports Authority website), updated 48 hours 24 and 12 hours prior to arrival.
   2. The presence of Dangerous Goods or Noxious Substances on board, at least 72 hrs prior to arrival and subsequently forty-eight hours before arrival – see Article 3.3.3.
   3. The presence of any fumigating gas in the Cargo at least 24 hours before arrival.
   4. A planned change of berth of the vessel, at least three hours before commencement of such a change.
   5. Expected departure 4 hours prior completion of cargo operations.
   6. Any defects in or damage to the Vessel, equipment or items, or any other circumstance on board which may impact the safe navigation of the Vessel or may endanger the safety or wellbeing of person(s), property or environment in or outside the Port, immediately after these circumstances have become apparent to him.
   7. Any incidents /accidents and/or damages caused to the Port, to his own or other Vessels or to property during navigation towards, or from the Port, berthing, un berthing or other activities whilst within the Port, immediately after these circumstances have become apparent – see also Article 3.3.5.
   8. The existence or the suspicion of the existence of infectious or epidemic/pandemic disease on board at least 72 hours prior to arrival or if the suspicion arises later, immediately upon discovery.
   9. The arrival of the Vessel from areas suspected of infectious or epidemic/pandemic disease, at least 72 hours before arrival, including other data required by the Harbor Master in connection with the Vessels presence in the Port.


2. To expedite Pilot attendance, Masters shall confirm their final E.T.A. to Port Control on V.H.F. radio, four hours prior to arrival at the pilot station.


3. The Master of a Vessel requesting medical aid or emergency assistance must give notice as early as possible prior arrival, by VHF.


4. The reports referred to in para (i) shall be in writing and in conformity to the model(s) issued by the Petroleum Ports Authority as modified from time to time.


5. If any one of the persons mentioned in paragraph i has complied with the obligation in paragraph i, no further obligation shall rest on the other persons.

3.3.2 - Specific Reporting - Dangerous Goods and Noxious Substances

The Master of a Vessel or the Vessel’s/Owner’s/Charterer’s agent shall 72 hrs before arriving at the Port, and subsequently forty-eight hours before arrival, submit the following documents to the Harbor Master.

1. Manifest: Dangerous good manifest confirming that loading and stowage of such Dangerous Goods was completed in a proper and safe manner, which they were packed as stipulated under: “International Maritime Dangerous Goods Code – IMDG Code” and that special markings were affixed to it.


2. Dangerous Goods notes in an IMO approved format (includes the quantity, load, type and source of loading and the port of discharge).


3. Stowage plan

The Petroleum Ports Authority may refuse entry if all the required documents have not been submitted / presented to the Harbor Master in the required format.

3.3.3 - Specific Reporting - Radioactive Substances

The Master of a Vessel that is carrying or intends to carry a radioactive substance shall ensure that when notifying the expected time of arrival in a Port, the following data are also notified to the Petroleum Ports Authority:

1. the name of the radioactive nuclide(s) (chemical symbol and mass number);


2. the activity of the radioactive substance in the appropriate units;


3. the category of the package (namely Category I WHITE, Category II YELLOW, Category III YELLOW);


4. the transport index (only for packages with YELLOW labels);


5. the gross quantity in kilograms, the type of packing and the number of packages.


6. The Petroleum Ports Authority/Harbor Master has the right to refuse entry to a Vessel if it is not satisfied with the information provided or considers that the radioactive substances pose a threat or potential threat to the Port.

3.3.4 - Reporting of Incidents and Failures on Board

1. When handling a Cargo on board, the Master shall ensure that any operating failure on board connected with the cargo handling and potentially affecting safety, the environment or otherwise influencing the order and safety in port, is notified to the Harbor Master immediately.


2. Vessel’s Master shall immediately inform the Harbor Master and if present the Loading Master or representative of the installation/terminal of:
   1. any damage caused by their Vessels to any port installations or facilities,
   2. any loss, discharge, spill, release or escape of the Vessel’s contents or equipment within the Port.
3. All cases of Injury affecting the operational capability of the Vessel.
4. Any cases of death.

3.3.5 - Obligation for Vessel Owner and Representative to Report

The obligations, as mentioned in the Articles 3.3.1, to and including 3.3.6, also apply to the owner, Agent and the charterer of a Vessel and their representative, jointly and severally.

3.3.6 - Notification

1. The above notifications shall be addressed to the Harbor Master of the relevant Port and shall be in the format prescribed by the Petroleum Ports Authority.
2. All notifications shall be made in writing, electronically by e-mail.