4. ORDER IN PORT, MARITIME ORDER, AND GENERAL MARITIME SAFETY

4.1 - General Obligations, entry into the port, objects in port

4.1.1 - Duty to have an agent in port

The Master, Vessel owner and/or Charterer of a Vessel intending to enter a Port shall have a duly authorized Agent at the Port. Such Agent shall represent the Vessel, the vessel-owner, Master and charterer.

4.1.2 - Traffic rules

  1. The International Collision Regulations (COLREGS) apply to all Vessels using the Port. The Petroleum Ports Authority may, for the purpose of order and safety in the Harbor, issue traffic rules for the Port and the waterways, Traffic Separation Schemes (TSS) and channels leading to the ports, and amend these traffic rules as and when it deems fit. These rules shall supplement but not be in contravention of COLREGS.
  2. It is prohibited, to act in violation of a rule and the corresponding instructions, referred to in paragraph (i), unless permission has been granted in writing by the Harbor Master.

4.1.3 - Port Approaches - Marks and Lights

Approaches to the Petroleum Ports shall be indicated by such lights, buoys and marks as the Petroleum Ports Authority may consider appropriate.

4.1.4 - Placement of objects / construction of facilities

  1. It is prohibited, to have, to construct or place any facility or object in, under or above water, unless it concerns:
    1. Ropes, cables, chains or other similar appliances for the purpose of mooring, anchoring, towing or assisting a vessel and which are in use as such
    2. Gangways and other similar appliances, not of permanent nature
    3. Gantries, runways, cranes, suspended or floating platforms or other similar appliances, when in service or marked to the effect that no hazard, damage or hindrance will occur.
  2. ii. The prohibition of paragraph (i) does not apply to any act in accordance with a permit issued by the Harbor Master.

4.1.5 - Removal of projections

The Master of a Vessel shall ensure that any projections that may cause damage to a quay wall, pier, jetty, or equipment, or may interfere with the loading or unloading of other vessels, are removed prior to entry into the Port, failing which the Owners and/or Charterers of the Vessel shall be liable for all damage occurring and the cost of repairs and, upon the grant of an order from the Abu Dhabi Courts or other competent authority, will be not be permitted to sail without first putting in place a bank guarantee acceptable to the Petroleum Ports Authority or, in their sole discretion, an acceptable P&I Club letter of undertaking. Irrespective of a Court or other order detaining the Vessel, the Owners and/or Charterers and/or Agent will nevertheless be required to put in place a bank guarantee acceptable to the Petroleum Ports Authority or, in their sole discretion, an acceptable Protection & Indemnity (P&I) Club letter of undertaking by way of security.

4.1.6 - Permission to enter a port

  1. No Vessel must enter any Petroleum Port without the prior permission of the Harbor Master of the relevant Port.
  2. The Harbor Master may refuse entry into a Petroleum Port to any Vessel that in his opinion does not comply with the Petroleum Ports Authority’s admission requirements.

4.1.7 - Air Conditioning System

As the local weather is extremely hot and humid in summer, all Vessels must have an efficient A/C system to maintain the temperature inside the accommodation not exceeding 25° C.

4.1.8 - Tank Atmosphere

  1. All tankers arriving at any Petroleum Ports must ensure that all cargo tanks are in inert condition with oxygen content of less than 8%, unless they are carrying specific cargoes that do not require an inert atmosphere, in which case they must obtain Harbor Masters approval prior to entry. This must be brought to the Harbor Masters attention during the pre arrival formalities.
  2. In case the tanker is carrying multiple grades, the most stringent requirement shall apply to all cargo tanks.
  3. All Vessels shall operate under closed loading conditions at all times.

4.1.9 - Hydrogen Sulphide

  1. Vessels arriving as first loading port shall have all tanks purged to ensure a residual tank atmosphere with as less Hydrogen Sulphide (H2S) as possible, but in no case more than 5ppm H2S upon arrival.
  2. Where Vessels arrive partly loaded with crude oil(s), they shall take all reasonable measures to avoid contaminating the atmosphere of any unloaded tanks with H2S. They shall purge the atmosphere in all empty tanks nominated for loading to ensure a residual tank atmosphere with as less H2S as possible, but in no case more than 5ppm H2S upon arrival.
  3. The maximum allowed H2S concentration on the open deck at any time is 5 ppm by volume.
  4. iv. The Vessel should always follow the guidelines of ISGOTT (latest edition) and must consult with the Loading Master with regards to the safety and venting arrangements.

4.1.10 - Permit for Marine projects within Port Areas

  1. Within the Port limits, no Marine project, shall commence without Harbour Master’s authorization and valid Marine Project Commissioning Permit.
  2. The Harbour Master may order the removal of any Vessel from the Port if such Vessel is not undertaking or engaged in a marine project on behalf of a company with the Group of Companies operating within the Port, or if the Vessel violates any of the provisions hereof.

4.1.11 - Compliance with ADNOC Group Ship Vetting Policy

All vessels shall obtain Vet Acceptance from ADNOC Vetting prior entering the Port. Other Boats / Crafts shall obtain Vet Acceptance from ADNOC Vetting and, in addition, must also have been issued a craft entry permit before entering the port limits. They should comply with the concerned ADNOC Group company acceptance Standard for Marine Vessels as available with the respective Group Company.

4.1.12 - ETA and Pre Arrival Questionnaire

The Vessel's Master shall notify the Petroleum Ports Authority as per requirements in Article 3.3.1.

4.1.13 - Animals or Birds

No animals or Birds shall be allowed on any Vessel using the Port or any installation.

4.1.14 - Transiting boats

With due observance of the terms of the following Article, the Port shall be used only by Boats operating under the Petroleum Ports Authority’s/Harbour Master’s directions and such Other Boats/Small Vessels as are or may be authorized to do so after obtaining a Craft entry permit issued by the Harbour Master.

4.1.15 - Removal of Boats & small vessels

Boats and small Vessels to which the terms of the preceding Article apply shall leave the Port when required to do so by the Harbour Master. Where they are not in a condition which enables them to sail, or where their master's or owners fail to commence or complete the necessary repairs within a reasonable period, the Petroleum Ports Authority may declare that such small vessels and boats have come to constitute an obstruction in the sense intended hereof. In the event of an obstruction, the Small Vessel/Boat may be removed by the Petroleum Ports Authority and the cost recovered from the owner.

4.1.16 - Prohibition and assignment of berthing

  1. The Master shall not attempt to berth a Vessel or lay at a berth, unless
    1. The Vessel has been nominated by an ADNOC Group Company.
    2. A Pilot who is approved and licenced by the Petroleum Ports Authority is on board the Vessel.
    3. The Petroleum Ports Authority has granted permission for berthing.
  2. The Harbour Master may, in deviation of the first paragraph and in his sole discretion prohibit berthing, staying at a berth or un berthing.
  3. No Vessel shall have the right to any particular berth or mooring, unless planning of operations, nautical or technical requirements demand a particular berth. Formalities for export cargoes The Agent of Vessel planned to carry export Cargo shall, before commencement of loading, complete all necessary customs and other obligatory legal formalities for such shipment.

4.1.17 - Formalities for export cargoes

The Agent of Vessel planned to carry export Cargo shall, before commencement of loading, complete all necessary customs and other obligatory legal formalities for such shipment.

4.1.18 - Immobilization of engine, readiness

The main engines of all Vessels shall always be kept ready for immediate use when a Vessel is within the Port except with the express permission of the Harbour Master. In case of steam vessels, steam pressure shall be maintained above the minimum necessary to maneuver such Vessels in case of need. Testing of the engines alongside shall be subject to the express permission of the Harbour Master.

4.1.19 - Ship’s Boilers

The flame of the boilers shall be maintained under control, and the pipes leading up to the funnels as well as the boiler tubes shall not be drained except with the Harbour Master’s permission.

4.1.20 - Soot Blowing within Port Limits

In line with article 4.1.18 & article 5.2.10, No vessel shall carry out soot blowing with in port limits.

4.1.21 - Crew

Vessel's Masters shall at all times maintain on board a sufficient number of Ships crew to operate the Vessel. Note that this may be more than that shown on the minimum manning certificate.

4.1.22 - Shifting vessels

  1. The Harbour Master may prohibit shifting for reasons of safety and order.
  2. The Master of a Vessel shall not attempt to shift or change the berth without the prior permission from the Harbour Master of the relevant Port.
  3. The Master of a Vessel is obliged to shift his Vessel to another berth or anchorage when ordered to do so by the Harbour Master for reasons of safety, order and any operational requirements, however if any shifting is requested for same reasons by the Master of the vessel, the Harbour Master shall assess such request and if agreed shall confirm the order in writing.
  4. Where paragraphs (ii) or (iii) are not being complied with, the Harbour Master shall seek the assistance of the Critical Infrastructure Coastal Protection Authority (“CICPA”) in order to facilitate the removal of such Vessel to such point and in such manner as the CICPA may deem proper. The Owner of the Vessel and/or Master and or charterer shall be jointly and severally liable for, in addition to charges for detention specified in 3.2.5(iv) above, all expenses incurred in the shifting or removal of the Vessel.

4.1.23 - Obstruction

If any Vessel, or seaplane or helicopter or other object sinks or grounds or otherwise becomes or is likely to become in the opinion of the Harbour Master an obstruction or danger to navigation, the Harbour Master will serve written notice on the owner/Master/Agent of the obstruction requiring him to remove it within a specified number of days. If its owner, Master or his Agent fails to remove the obstruction or danger so caused within the period specified in the written notice served by the Harbour Master, then the owner, Master or Agent shall have committed a punishable criminal offence under Articles 75,76 and 77 of Law 12/1973 and shall be liable to criminal sanctions as appended in Law 12/1973, Article 75,76 and 77 This shall not prejudice the Harbour Master’s right, for the sake of safe guarding the interest of the Port, to take action to remove the obstacle. All expenses incurred arising out of or in connection with such removal shall be recoverable from the Master or owners of the Vessel or seaplane or helicopter who shall jointly be liable thereof.

4.1.24 - Wreck Removal

  1. In order to comply with cabinet resolution 71 of 2021 on “Marine wrecks & violating ships” and subsequent circular 07/2021 issued by UAE Ministry of Energy and Infrastructure (MOEI), with effect from 15.09.2021, all Vessels visiting the Petroleum Ports are required to comply with the requirements as set out on the cabinet resolution 71 of 2021. In addition, all Vessels of 300 GRT or more shall provide an insurance or financial guarantee to cover the responsibility for removing the wreck in conformance with the requirements of the “Nairobi International Convention on the removal of wrecks,2007”.

  2. Any Vessel not meeting the requirements of the resolution will be prohibited from entering or working within the Petroleum Ports from the effective date (15.09.2021).

  3. At the discretion of the Harbor Master, any Vessel or seaplane or helicopter sinks or grounds or otherwise becomes an obstruction which constitutes an immediate danger to other Vessels and/or surface navigation, he may take the necessary immediate measures to remove the obstruction without the need for any notice and shall be entitled to recover from the persons mentioned in the previous Article, any and all expenses, costs and fees howsoever incurred in the process of its removal and may require the Owner, Master or charterer of any Vessel or owner of any seaplane or helicopter to put in place a bank guarantee acceptable to the Petroleum Ports Authority or, at their sole discretion, an acceptable Protection & Indemnity (P&I) Club letter of undertaking by way of security.

4.1.25 - Cargo and equipment on wrecks or in the water

The Harbour Master may act in the manner described in the two preceding articles in respect of any Cargo, ropes, or equipment contained on any Vessel or seaplane or helicopter that has sunk, grounded or otherwise. The Harbour Master may apply the same provisions to any Cargo, ropes or equipment, derelicts, barges or any other floating objects which have fallen in any manner from any Vessel or seaplane or helicopter into the waters of the Port.

4.1.26 - Claims

The Petroleum Ports Authority shall not be liable for any claims howsoever arising out of or in connection with the exercise of the powers conferred upon it by these Regulations, whether the exercise of those powers was negligent or otherwise.

4.1.27 - Salvage

  1. Any unclaimed goods salvaged or discovered at any place within the Port shall be reported and delivered to the Harbour Master, who shall take such goods into custody.
  2. No person shall salvage anything that has sunk in the Port unless expressly authorized to do so by the Harbour Master.
  3. The person who has salvaged anything that has sunk or otherwise afloat in the Port shall have no recourse against the Petroleum Ports Authority to obtain compensation for his labour unless the Petroleum Ports Authority has agreed to his performance of the salvage operation.
  4. The owner of the salvaged goods may claim the same within a period not exceeding six months from the date of delivery thereof to the Harbour Master, and he shall pay salvage costs and storage expenses/costs as determined by the Harbour Master. Neither the Port Petroleum Ports Authority nor the Harbour Master nor the Port accept any responsibility and shall not be liable for any damage to the salvaged goods during any period of storage. The salvaged goods are stored at the sole risk of the owner of those goods.
  5. If the owner fails to claim his goods within the aforementioned period, the Port Petroleum Ports Authority may sell the goods and keep the sale proceeds.
  6. Where the Harbour Master finds that the salvaged goods are perishable or that their value is less than storage costs, he may order the sale thereof immediately in a manner that he deems suitable.

4.1.28 - Exceptional powers

The Harbour Master may forego the application of some of the previous provisions where public interest so requires.

4.1.29 - Additional measures

The Harbour Master may impose safety measures or additional restrictions for the protection and safety of navigation, Vessels, crews, installations and personnel as he may deem necessary. He shall communicate such measures in writing to Vessels’ Masters and other responsible persons who shall be required to comply therewith immediately.

4.1.30 - Port Officials Right to Board Vessels in Port

Vessel’s Master shall always permit the Harbour Master and others delegated by the Petroleum Ports Authority to board their Vessels without restriction in order to verify compliance with these Regulations or carry out other duties as specified from time to time.

 

4.2 - Navigation, Use of the ports

4.2.1 - Navigation, Use of the ports

  1. Every Vessel within the Port between sunrise and sunset, shall fly her national flag and the national flag of the UAE.
  2. Vessels shall, always, comply with the International Code of Signals and display flags, shapes and lights as required by the International Regulations for Preventing Collision at Sea.
  3. The Master of a Vessel entering or leaving a Port or manoeuvring in a Port shall not exceed speed suited to the characteristics of the relevant waterways or as determined by the Harbor Master of the relevant Port. The speed restrictions for various channels are appended in the Port Management Procedures and the Pilots are aware of the same.

4.2.2 - Free pratique / Health formalities

  1. Prior to arrival from a foreign port, each Vessel must complete and submit a Maritime Declaration of Health (part of the Pre-Arrival Questionnaire).
  2. Upon arrival at the outer anchorage, every Vessel shall exhibit the international signal requesting free pratique.
  3. Provided that the Maritime Declaration of Health has been completed correctly and to the satisfaction of the Pilot, free pratique will be granted by the Pilot upon his boarding.
  4. No Craft other than those carrying the Pilot or Port Health Officer may approach any Vessel entering the Port and no other person may board any such Vessel until quarantine formalities have been completed.
  5. The terms of the preceding paragraphs shall not apply to Vessels that are suspected of infection or are infected and/or under any orders or laws in force. Such Vessels shall be subject to the rules governing quarantine for persons and animals and/or to the provision of such orders or laws.
  6. A Vessel suspected of carrying an infectious disease or epidemic on board or arriving from an area suspected of the same shall wait at the outer anchorage area of the Port until a hygiene and health quarantine officer has embarked on the Vessel, assessed the situation and provided his recommendations to the Harbor Master and/or PPA.
  7. Such Vessels shall be subject to the rules governing quarantine for persons and animals and to the provision of such orders or law.

4.2.3 - Potential danger, damage or hindrance from vessels

  1. The Harbor Master may refuse to permit a Vessel to enter the Port with his Vessel to berth or remaining at a berth if he is of the opinion that the Vessel brings or may bring serious danger, cause damage or hindrance to others and/or to the safety of the Port and navigation within it.
  2. The prohibition shall be communicated in writing to the Master and/or his representative.
  3. The Master on whom the prohibition mentioned in the previous paragraphs has been imposed, shall act in conformity with the same.

4.2.4 - Priority of entering or leaving the port

Unless otherwise directed by the Harbor Master:

  1. Except in case of an emergency, passenger vessels will have priority over and above all other vessels navigating within the Port Limits.
  2. In all other circumstances a loaded vessel regardless of its direction of transit will have the priority over a partially loaded vessel or a vessel in ballast.

4.2.5 - Safe Speed

Every Vessel within the Port shall navigate with safe speed not exceeding the speed limits as set out in the relevant Port management procedures, which Vessels should make themselves aware of and in a manner, which shall not endanger the safety of Port, its installations or other Vessels. In particular, special care and caution must be observed in the vicinity of Vessels that are:

  1. Sailing, towing, being towed, mooring, unmooring, anchoring, weighing anchor, moving towards or away from a Single Point Mooring (SPM) Terminal.
  2. Engaged in: Diving, dredging, clearing, pile driving, overhauling, surveying or obstacle removing operations and laying navigational marks etc. and all other activities, which are sensitive to passing Vessels.

4.2.6 - Under Keel clearance

  1. 4.2.6.1 Subsea Pipelines

    When sailing or crossing over any subsea pipelines, all Vessels, Crafts or rigs must ensure that they maintain a minimum dynamic under keel clearance of 3 (three) meters. If under exceptional circumstances, Vessels, Crafts or rigs are required to cross such pipelines with an under-keel clearance of less than 3 (three) meters, a detailed procedure for such operation is to be submitted to the Harbour Master in advance and the crossing may proceed only after written permission is obtained. In any event, under no circumstances may dynamic under keel clearance be reduced to less than 1 (one) meter.

  2. 4.2.6.2 Navigation within port limits and in channels

    i Vessels using Dynamic Under keel Clearance (DUKC) service for arriving or departing Jebel Dhanna Ruwais Port

    a) Vessels using DUKC service offered by port authority approved service provider are not required to comply with the UKC requirements as per 4.2.6.2 (ii) below.
    b) Vessel intending to use the DUKC service must submit the DUKC application form at least 72 hours in advance to the Harbour Master office, after confirmation from the Harbour Master office that a sailing window is available for the requested draft the Master of the vessel can request for usage of DUKC services directly from the approved service provider via their agents.
    c) By sending the application from to the HM office, vessel Master agrees to pay for the service irrespective of whether they use the service or not.
    d) Port authority will take all possible measures in ensuring high availability of the DUKC system. However, in case of any failure of the system or unavailability due to reasons beyond Port Authority’s controls, the Port authority shall not be held liable to any extent and the Vessel Master shall remain fully accountable and responsible in ensuring the safety of Life, Vessel, Cargo and the Environment.
    e) In case of usage of the services, the license fee must be agreed and settled between the Master and the service provider directly.

    ii Vessel not using DUKC Service

    Vessels may enter, leave, or transit within the Petroleum Port during the day or night subject to limitations on the minimum dynamic under keel clearance, i.e. considering the effect of extreme adverse weather conditions, the effect of squat at the prevailing speed, bank effect, ship size and load condition, list and trim.

    For water depths within port limits, channels and approaches, reference is made to Port Information Guide,part iii 7 a port-description & part-iii---7.

    To ensure safe passage within the Petroleum Ports, the following minimum dynamic under keel clearance shall be maintained for all Vessels and Craft entering or leaving a Port:

    A Up to 100,000 SDWT 0.92 meters / 3 Feet
    B Up to 250,000 SDWT 1.22 meters / 4 Feet
    C Up to 350,000 SDWT 1.52 meters / 5 Feet
    D Over 350,000 SDWT 1.83 meters / 6 Feet

4.2.7 - Anchors and Anchoring

  1. Vessels shall have both anchors ready for immediate use whenever required by the Pilot.
  2. SPM bound Tankers must secure and lash their anchors prior to making the final approach, for the duration of stay at the SPM and until finally clear.
  3. All Vessels must have anchors secured when crossing pipeline areas.
  4. Vessels shall not anchor near any submarine pipeline within the Port as described unless engaged on work which, in the opinion of the Harbour Master, necessitates their doing so.

4.2.8 - Manoeuvring

No Vessel is allowed to drop or slip anchor, leave or alter its place of anchorage, fasten or unfasten its moorings within the areas defined in these Regulations, without the express permission of the Harbour Master.

4.2.9 - Vessels Moored in Port

  1. The Master of a berthed or anchored Vessel or Craft shall ensure that the Vessel or Craft shall at all times be properly moored or anchored and display the relevant lights and/or signals.
  2. The Master of a Vessel or Craft, once moored, shall not change its mooring(s) to other bollards/hooks without permission from the Harbour Master.
  3. The Harbour Master may physically examine moorings or check their certification, maintenance records whenever he deems it is necessary.

4.2.10 - Use of bow, stern thrusters and side thrusters

  1. It is prohibited to use the bow/stern thrusters and/or side thrusters:
    1. When the Vessel is aground;
    2. When the Vessel is moored alongside a quay, jetty or anchored near a buoy, unless immediately at arrival or on departure.
  2. The prohibition of paragraph (i) does not apply if permission has been granted by the Harbour Master.

4.2.11 - Lowering of boats

Life boat/rescue boat drills in a Port which involve lowering of boats/survival crafts into the water from Vessels is strictly prohibited. However, the Harbour Master may allow lowering of the lifeboats, tender boats and other survival craft into the water at his discretion based on a detailed risk assessment being submitted by the Master of the Vessel.

4.2.12 - Diving Operations

A Vessel within a Port shall not carry out any diving operations without prior permission from the Harbour Master.

4.2.13 - Floating materials or under-water cables

The Master of a Vessel entangled by floating materials such as fishing nets or under-water cables in a Port shall immediately stop her engines and report the occurrence to the Harbour Master, and may not move without prior permission from the Petroleum Ports Authority/Harbour Master.

4.2.14 - Pleasure craft and sailing vessels in port

Pleasure craft and sailing vessels must comply with the Petroleum Ports Authority’s admission requirements and obtain permission from the Harbour Master prior entry.

4.2.15 - Fire-fighting Equipment

Boats permitted to enter the Port shall be provided with adequate fire-fighting equipment and shall not be left unmanned.

4.2.16 - Entry into Port and Visitors

  1. No person shall enter the Port unless authorised to do so by the Petroleum Ports Authority.
  2. No visitors shall be allowed to go on board and no crew members shall be allowed to embark or disembark unless authorised by the Harbour Master.

4.2.17 - Approach to vessels

No boat shall approach Vessels in Port within a distance of less than 500 meters except with the Harbour Master’s permission. The terms of this Article shall not apply to Vessels which are authorized to do so by the Harbor Master.

4.2.18 - Alcohol

All alcoholic beverages on Vessels within the Port and shall be secured in bonded lockers on board. It is forbidden to transfer alcoholic beverages between Vessels and to/from shore.

4.2.19 - Swimming and fishing

No swimming or fishing is permitted within the Port.

4.2.20 - AIS (Automatic Identification Systems)

All Vessels entering Ports of all gross tonnages and types will be required to have fitted and in operation an Automatic Identification System in compliance with SOLAS whether or not they would normally have to comply with SOLAS.

The unit may not be switched off without specific instruction from either the CICPA Commander or the Harbour Master. However, the units may be operated on low power mode during cargo loading and discharging operations.