LIETUVOS RESPUBLIKOS VIDAUS VANDENŲ UOSTŲ STEIGIMO IR REGISTRACIJOS NUOSTATAI Official translation GOVERNMENT OF THE REPUBLIC OF LITHUANIA R E S O L U T I O N No. 494 ON THE APPROVAL OF REGULATIONS ON THE ESTABLISHMENT AND REGISTRATION OF THE INLAND WATERWAY PORTS AND QUAYS 22 May 1997 Vilnius Following the provisions set forth in Paragraphs 6 and 7 of Article 13 of the Republic of Lithuania Code of Inland Waterway Transport the Government of the Republic of Lithuania resolves: 1. To approve the Regulations on the establishment and registration of the inland waterway ports and quays (attached). 2. Owners of the inland waterway ports and quays of all forms of ownership must, within one month, register the inland waterway ports and quays, following the Regulations on the Establishment and Registration of the Inland Waterway Ports and Quays of the Republic of Lithuania confirmed by this Resolution. Prime Minister Gediminas Vagnorius Minister of Transport Algis Žvaliauskas APPROVED by Resolution No. 494 of the Government of the Republic of Lithuania of 22 May 1997 Regulations on the Establishment and Registration of the Inland Waterway Ports and Quays of the Republic of Lithuania General Provisions 1. These Regulations regulate the establishment, registration of inland waterway ports and quays, requirements set to them and liabilities for failure to comply with them 2. Definitions used for the purpose of these Regulations: 2.1. inland waterway port means an aquatory and a coastal territory with buildings and facilities on it for vessels to sail in, to anchor, to be repaired, loaded and unloaded; 2.2. inland waterway quay means a stationary or floating site for vessels (debarker) to sail up to, to anchor, to load, to cast off, which has no features characteristic of a port specified in explaining the conception the “inland waterway port”; 2.3. port land means a part of the port infrastructure whose boundaries are established in the procedure established by the Government of the Republic of Lithuania; 2.4. port aquatory means an area of water intended for servicing vessels, as well as to carry out other activities related to navigation, whose boundaries have been approved in the procedure established by the Government of the Republic of Lithuania; 2.5. port infrastructure means the port land and aquatory, the complex of hydro-technology and engineering installations, waterways and channels, sailing equipment and railway drive up roads, as well as other objects of infrastructure adapted for anchorage of vessels, for vessels to sail in and sail out, to maintain them, to load them and service passengers; 2.6. inland waterway port registration certificate (hereinafter referred to as the Port Certificate) means a document confirming that the inland waterway port has been registered with the Ministry of Transport in the established procedure (in accordance with attached Form 1); 2.7. certificate of suitability of inland waterway port for use (hereinafter referred to as the Certificate) means the document confirming that the inland waterway port complies with the requirements, and granting the right to use it according to its purpose for the established period of time (according to attached Form 2); 2.8. certificate of registration of the inland waterway quay and its suitability for use (hereinafter referred to as the Quay Certificate) means the documents confirming that the inland waterway quay is registered with the State Control and Safe Navigation Inspectorate of Water Transport authorised by the Ministry of Transport (hereinafter referred to as the Inspectorate Authorised by the Ministry, the Inspectorate), complies with the requirements and granting the right to use it according to its purpose for the established period of time (according to attached Form 3). 3. In case the inland waterway port is arranged on the bank of a river, the port aquatory shall occupy the entire width of the river along the length of the embankment of the port. If the inland waterway port is arranged in another water body, the boundaries of its aquatory shall be determined by the needs of the port having co-ordinated it with other users of waters and the institutions authorised by the Ministry of Environment. 4. On the territory of the Republic of Lithuania it shall be prohibited to use inland waterway ports (or quays), which have no valid Port Certificate and the Certificate (or the Quay Certificate). 5. The Ministry of Transport following the Laws of the Republic of Lithuania, the Inland Waterway Transport Code of the Republic of Lithuania and the present Regulations shall issue Port Certificates and Certificates. 6. The institution authorised by the Ministry of Transport shall issue Quay Certificates following the laws of the Republic of Lithuania, the Inland Waterway Transport Code of the Republic of Lithuania and the present Regulations. 7. The enterprise shall be responsible for a safe activity of the Port and its environmental protection. It must timely and at its own expense carry out the works of deepening, cleaning of the aquatory, repair embankments and other constructions. The owner of the Port must inform the Ministry of Transport and the Inspectorate authorised by the Ministry in writing about projected construction and repair works in the aquatory of the Port and the embankments, changes in navigation, hydro-technological and radio communication systems, which may have an impact on safety of navigation in the Port and its approaches. 8. The stamp duty of the established amount shall be paid for registration of inland waterway ports and quays and for issuance of relative documents. Requirements for Inland Waterway Ports 9. The Port must contain the following: 9.1. equipped embankments to which inland waterway vessels may safely anchorage and in which it is possible to unload the vessel (to load the vessel), embark and disembark passengers. In every mixed port there must be a waiting room, a left luggage office and ticket offices; 9.2. a respective depth of the port aquatory and the sail in channel ensuring safe sailing into and out of the Port; 9.3. navigation equipment ensuring safe sailing of a vessel into and out of the Port; 9.4. radio communication equipment registered with the of Radio Communication Administration of the Republic of Lithuania and other means of communication; 9.5. forces and measures for carrying out emergency repair and rescue works, as well as liquidating sources of pollution (or it is necessary to conclude contracts with specialised local rescue services on carrying out emergency repair and rescue works and collection of spilled pollutants); 9.6. anti-fire safety forces and measures (or it is necessary to conclude contracts with specialised forces on assistance in case of fire); 9.7. equipment for loading (unloading)a vessel and means of their transportation; 9.8. cargo warehousing sites; 9.9. subdivisions and workers of a corresponding qualification (specialists) who are able to ensure safe navigation in the Port and its approaches. Requirements for the Quay 10. The Quay must contain the following: 10.1. a stationary or temporary sailing quay to which vessels may anchorage safely and where it is possible to load (unload) vessels, embark (disembark) passengers; 10.2. a corresponding depth near the quay ensuring safe sailing of a vessel to and its manoeuvring at it; 10.3. the most necessary navigation equipment ensuring safe sailing of a vessel to it and its manoeuvring at it; 10.4. radio communication equipment registered with the Radio Communication Administration of the Republic of Lithuania, or some other communication facility; 10.5. equipment for loading and unloading a vessel and (if need
- be)a cargo warehousing site; 10.6. the most necessary fire extinguishing and pollution sources liquidation devices; 10.7. employees of a corresponding qualification (specialists) who are able to safely receive vessels, passengers and cargoes on the quay, to extinguish fireplaces. Establishment and Registration of Ports and Quays 11. Enterprises registered in the Register of Enterprises of the Republic of Lithuania shall have the right to establish ports and quays. 12. The Ministry of Transport shall register all ports irrespective of the forms of their ownership, shall issue Port Certificates and Attestations, as well as shall extend the term of their validity. 13. The institutions authorised by the Ministry of Transport shall register all inland waterway quays ports irrespective of the forms of their ownership, shall issue Quay Certificates and Attestations, as well as shall extend the term of their validity 14. The enterprise that wants to register an inland waterway port shall submit the below-specified documents to the Ministry of Transport (the Department of Water Transport): 14.1. an application (according to attached Form 4); 14.2. the act of inspection of the present condition of the inland waterway port confirmed by the owner of the port (according to Form 5); 14.3. a certificate that the issue of the establishment of the port has been co-ordinated with the manager of waterways; 14.4. a certificate that the issue of the establishment of the port has been co-ordinated with a corresponding environmental service; 14.5. A certificate of the institution authorised by the Ministry of Transport about safety of navigation in the port and its approaches; 14.6. copies of plans of emergency rescue works and anti-fire safety co-ordinated with corresponding institutions of the town (district); 14.7. the port plan together with the specification prepared, co-ordinated and approved in the established procedure; 14.8. a permit issued by the Radio Communication Administration of the Republic of Lithuania to use radio communication equipment; 14.9. copies of the documents confirming attribution of a corresponding territory or aquatory to the port. 15. The Ministry of Transport, upon receipt of the documents, which are necessary to register the port (hereinafter referred to the registration documents) shall set up a commission. The Commission shall check the condition of the port and shall establish whether it complies with the requirements set forth in the laws of the Republic of Lithuania and other standard acts. 16. The Commission shall, within 20 working days from the day of receipt of the registration documents, investigate them, check the port and write the act of inspection of the present condition of the inland waterway port. 17. Having registered the port in the register of inland waterway ports, its owners shall be issued the Port Certificate and the Attestation. 18. The Port Certificate and the Attestation shall be issued for not longer than a 5-year period. 19. The enterprise, which wants to register the inland waterway quay and obtain the Quay Certificate shall submit the following documents to the institutions authorised by the Ministry of Transport: 19.1. an application of a free form (in the name of the Chief of the Inspectorate); 19.2. a certificate that the issue of the establishment of the quay has been co-ordinated with the Manager of waterways; 19.3. a certificate that the issue of the establishment of the quay has been co-ordinated with a corresponding environmental service; 19.4. copies of the plans of emergency repair works and anti-fire safety co-ordinated with corresponding institutions of a town (district); 19.5. the quay plan together with the specification prepared, co-ordinated and approved in the established procedure; 19.6. a permit issued by the Radio Communication Administration of the Republic of Lithuania to use radio communication equipment (if any). 20. The Inspectorate shall, within 15 working days examine the registration documents received, shall check the quay and draw up the act of inspection of the present condition of the inland waterway quay. 21. Having registered the quay in the register of inland waterway quays, its owners shall be issued the Quay Certificate. 22. The Quay Certificate shall be issued for not longer than a 5-year period. 23. The Ministry of Transport and its authorised Inspectorate shall manage the Registers of inland waterway ports and quays. The registers shall contain the following data: the date of registration, the name of the port or quay, the registration number, the name, surname, address of the owner or possessor of the port or the quay, the code, name and address of the enterprise, the term of validity of the Port Certificate and the Attestation (or the Quay Certificate). 24. Upon the expiration term of the validity of the Port Certificate and the Attestation (or the Quay Certificate) and with no violations of the activity of the enterprise or these regulations detected, the term of their validity may be extended. For this purpose it is necessary to submit an application of a free form and the certificate issued by the Territorial State Tax Inspectorte about payment of all duties to the Ministry of Transport or its authorised Inspectorate. The Ministry of Transport or its authorised Inspectorate must, within 10 working days to examine the application and issue a certificate or a licence, or provide the applicant with the reasoned refusal in writing to issue them. 25. The holder of the Port Certificate of the licence, having lost them, must publish about it in some daily of the country and provide a reasoned explanation to the Ministry of Transport or its authorised institution. The Ministry of Transport or its authorised institution shall issue a duplicate of the certificate or a licence bearing the marking “Duplicate”. Refusal to Issue Certificates and Attestations 26. The Ministry of Transport or its authorised institution shall have the right to refuse to issue the Port Certificate and theAttestation (or the Quay Certificate) in the following case: 26.1. not all the documents necessary for registration have been submitted; 26.2. the registration documents submitted fail to comply with the requirements, are prepared improperly; 26.3. misleading data are presented; 26.4. the condition of the equipment of the enterprise and qualification of the employees fail to comply with the requirements set to the ports or quays; 27. Having refused to issue the Port Certificate and the Attestation (or the Quay Certificate) the applicant shall be informed thereof in writing indicating the reasoned refusal to issue them. The enterprise shall have the right to appeal against such a decision in court. 28. Having refused to issue the Port Certificate and the Attestation (or the Quay Certificate), it is possible to apply for them repeatedly in the standard procedure. Rights of the Ministry of Transport and its Authorised Institution 29. The Ministry of Transport and its authorised institution shall have the right: 29.1. to inspect whether ports or quays comply with the established technical and environmental requirements ensuring safety of passengers, cargoes, and baggage, fast and convenient loading; 29.2. to suspend or cancel the validity of the Port Certificate and the Attestation when the Ministry or its authorised institution, having inspected the port or the quay have established violations; 29.3. to allow temporarily use the port or the quay when they do not comply with all these Regulations and the established requirements for the conditions of use, provided that safety in the port or the quay and their approaches are ensured by other means; 29.4. to control safety of navigation in the aquatory of the port and its approaches, in the region of the quay. Suspension and Cancellation of the Validity of Certificates and Licences 30. Validity of the Port Certificate and the Attestation (or the Quay Certificate) may be suspended in the following cases: 30.1. the enterprise had terminated its activity according to the purpose of a port or a quay for more than 6 months or failed to started the activity within 6 months after the day of issuance of the documents; 30.2. it is refused to present the Port Certificate and the Attestation (or the Quay Certificate) to the officials who have the right to control the activity of the enterprise; 30.3. the requirements of the provisions of international treaties signed by the Republic of Lithuania in the sphere of river transport are not fulfilled; 30.4. the requirements of the rules of the frontier section and the Customs Office are violated or not fulfilled; 30.5. the requirements of the rules of navigation, the use of the port (the quay), carrying of passengers and cargoes, work and rest regime, application of tariffs or financial discipline are violated; 30.6. the activity of the enterprise is at variance with the environmental requirements, poses a threat to human life. 31. Having suspended the validity of the Port Certificate and the Attestation (or the Quay Certificate), the Ministry of Transport or its authorised inspection shall, within 5 working days, notify the owner (possessor) of the port or the quay and fix the time during which he/she must eliminate violations of the activity of the port of the quay. This time may be extended at a reasoned request of the owner (possessor) of the port or the quay. 32. In the event the owner (possessor) of the port or the quay fails to eliminate violations of the o of the activity in time, the validity of the Port Certificate and the Attestation (or the Quay Certificate) shall be cancelled by resolution of the Ministry of Transport and its authorised Inspectorate. 33. The Port Certificate and the Attestation (or the Quay Certificate) may be cancelled in the following case: 33.1. the owner of the port or the quay submits an application to cancel registration of the port or the quay in the Register managed by the Ministry of Transport; 33.2. the requirements set forth in Point 30 of the Regulations have been repeatedly violated within the period of one year; 33.3. the owner of the port of the quay fails to eliminate violations within the established time, that have been revealed by the officials of the Ministry of Transport or its authorised Inspectorate; 33.4. the enterprise is being liquidated or reorganised (completes its activity as an independent economic entity). 34. The enterprise shall be notified about cancellation of the Port Certificate and the Attestation (or the Quay Certificate) and the reasons thereof within 5 working days after the adoption of the decision. Upon receipt of the notification the owner of the quay must within 15 working days to return the Port Certificate and the Attestation (or the Quay Certificate) to the Ministry of Transport or its authorised Inspectorate. Information about Issuance, Suspension and Cancellation of Certificates and Attestations 35. Having issued the Port Certificate and the Attestation (or the Quay Certificate), suspended its their validity, cancelled the suspension of their validity or having cancelled their validity, the Ministry of Transport shall publish about it in the Official Gazette Valstybės žinios. ____________________ Form 1 State Emblem MINISTRY OF TRANSPORT OF THE REPUBLIC OF LITHUANIA Inland Waterway Port Registration CERTIFICATE No. _______ Following the inland Waterway Transport Code of the Republic of Lithuania the Ministry of Transport has registered the inland waterway port Name of Port___________________________________________________________ ___________________________________________________________________________ Purpose of Port___________________________________________________________ ___________________________________________________________________________ Address, telephone, fax of Port____________________________________ ___________________________________________________________________________ Date and code of registration of the enterprise ______________________________________________ ___________________________________________________________________________ Valid till ___________________________ Issued _____________________________ _ ________________________________ (place of issuance) (date of issuance) Registration No. _____________________ Certificate has been issued by: (Position) (Signature) (First letter of name, surname) Seal Form 2 State Emblem MINISTRY OF TRANSPORT OF THE REPUBLIC OF LITHUANIA Suitability of Inland Waterway Port for Use ATTESTATION No _____ Issued in accordance with the Inland Waterway Transport Code of the Republic of Lithuania ___________________________________________________________________________ (authorised organisation) ___________________________________________________________________________ (name of port) ___________________________________________________________________________ (basis for issuance the Attestation of suitability for the port for use) ___________________________________________________________________________ Whereby this document its is testified that______________________________________ (name of port) port complies with the requirements of the laws of the Republic of Lithuania and other standard acts and may be used _____________________________________________________________ ___________________________________________________________________________ (passenger, cargo, mixed) ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. Valid till___________________________ Issued _____________________________ _ ________________________________ (place of issuance) (date of issuance) Registration No. _____________________ Attestation has been issued by: (Position) (Signature) (First letter of the name, surname) Seal Form 3 State Emblem MINISTRY OF TRANSPORT OF THE REPUBLIC OF LITHUANIA STATE CONTROL AND SAFE NAVIGATION iNSPECTORATE OF WATERWAY TRANSPORT Inland Waterway Quay Registration and Suitability for Use CERTIFICATE No. ______ Issued in accordance the Inland Waterway Transport Code of the Republic of Lithuania ___________________________________________________________________________ (authorised organisation) ___________________________________________________________________________ (name of quay) ___________________________________________________________________________ (basis for registering the quay and issuing its Certifiacte) ___________________________________________________________________________ Whereby this document it is certified that __________________________________________ (name of quay) inland waterway quay complies with the requirements of the laws of the Republic of Lithuania and may be used _____________________________________________________________ ___________________________________________________________________________ (purposes of use) ___________________________________________________________________________ __________________________________________________________________________. Valid till ___________________________ Issued _____________________________ _ ________________________________ (place of issuance) (date of issuance) Registration No. _____________________ Certificate has been issued by: (Position) (signature) (First letter of the name, surname) Seal Form 4 APPLICATION To Ministry of Transport of ………………….. 199__ the Republic of Lithuania 1. We request to register ______________________________ inland waterway port, (name of port) belonging to ________________________________________________________________, (name, surname; name of the legal entity) address, code, telephone, fax _______________________________________________ __________________________________________________________________________. 2. Data about the port: 2.1. area (square metres) ____________________________________________; 2.2. area of aquatory (sq
- m)___________________________________________; 2.3. total length of embankments (
- m)__________________________________________; 2.4. maximum depth at embankments (
- m)___________________________________; 2.5. width and depth of entrance canal (
- m)____________________________________; 2.6. main navigation facilities ___________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________; 2.7. length of port’s railway (
- m)__________________________________________; 2.8. vessels may sail in (length, width, draught) (
- m)____________________________. 3. Port is managed by (if hired) ________________________________________ __________________________________________________________________________, (name, surname; name of legal entity; address, code, telephone, fax) ___________________________________________________________________________. (document on the basis of which the port has been hired) 4. I request to issue a Certificate of Registration of the Inland Waterway Port and the Attestation of Suitability of the Inland Waterway Port for Use (in case it is requested to extend the term of validity of the Certificate of the Attestation, the number and the date of issuance of the old Certificate and the Attestation shall be indicated) ______________________________________________________________________. (requested term of validity of the Certificate or the Attestation is specified) (Signature) (First letter of name, surname) Form 5 APPROVED ______________________________ (Position) ______________________________ (Signature) (First letter of name, surname) Seal. ____________ 199 __ ACT of inspection of present condition of inland waterway port _________________ Chairman of Commission _______________________________________________________ (position, first letter of name, surname,) Members of Commission: _________________________________________________________ (position, first letter of name, surname) _________________________________________________________ _________________________________________________________ _________________________________________________________ _________________________________________________________ Having carried out investigation of the inland waterway port ________________________ the following has been established: 1. Port occupies territory of _____________ sq m and its aquatory is _____________ sq m 2. Length of Ports embankments totals ____________ m, depth near them is ________________ m. 3. Vessels whose maximum dimensions are as follows may sail into the port: length ___________ m, width ____________ m, draught ___________ m. 4. The following navigation equipment are available in the port and its approaches:________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 5. Radio and other communication system installed in the port:_______________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 6. Port has cranes (lifting power, type, number):__________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 7. Port has a railway (m): ____________________________________________ ___________________________________________________________________________ __________________________________________________________________________. (Form 5) 8. Port has: 8.1. roofed warehouses (sq
- m)_________________________________________; 8.2. open warehousing sites (sq
- m)________________________________. 9. The following emergency repair and rescue work facilities and forces are available at the port ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 10. The following anti-fire safety and pollution source liquidation forces and facilities are available in the port: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 11. The following facilities for transportation of cargoes and passengers are available in the port: ___________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ __________________________________________________________________________. 12. The port has the following subdivisions and trained specialists: 12.1. to ensure safety of navigation ________________________________________ __________________________________________________________________________; 12.2. to ensure work safety _____________________________________________ __________________________________________________________________________; 12.3. to ensure safety of cargoes ________________________________________ __________________________________________________________________________. 13. The following environmental measures are planned in the port: _________________________ ___________________________________________________________________________ __________________________________________________________________________. Conclusion of the Commission about compliance of the port with the requirements: ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________ ___________________________________________________________________________. Chairman of Commission (Signature) (First letter of name, surname) Members of Commission: (Signatures) (First letter of name, surname)