Professional Documents
Culture Documents
GCC Port Regulations
GCC Port Regulations
Preamble
Definitions
INDEX OF SUBJECTS
ANNEXES
1
Preamble
1- These port regulations are for
1/ 1 port users to benefit from best practice services and procedures;
1/ 2 port and terminal operators to offer their services in a commercial environment
and allowing them responding to their XVHUV¶QHHG
1/ 3 port authorities to discharge their duties in the most effective, prudent and dilig
ent manner and to advance and promote WKHVHSRUWV¶ competitive position, operational
efficiency and commercial orientation;
1/ 4 canceling the previous rules and regulations as a result thereof.
2- Every port authority shall simplify and minimize the need of information in respe
ct of ships, cargo and passengers with a view
to facilitate practices and procedures for ship owners, masters and agents and for pass
engers and their baggage, and for cargoowners.
3- In pursue of Article Four of the Charter of the COOPERATION COUNCIL FOR
THE ARAB STATES OF THE GULF (hereinafter referred to asGCC) the compete
nt ministers , or the designated authorities, responsible for port and transport, havin
g consulted the portauthorities, port users and port operators, enact herewith as foll
ows:
1/1 to the navigable waters, works, activities and the property managed by a port auth
ority of ports referred to in Schedule 1: (Schedule of Ports);1/2 to all ships, craft, goo
ds, vehicles, companies, organisations and persons entering or using a port set out in
Schedule 1: (Schedule of Ports).
2- The competent ministers , or the designated authorities, reserve the right to amend
Schedule 1: (Schedule of Ports) by adding to or removing fromit the names of ports.
3- Every port authority may, in consent with the competent minister , or the designat
ed authority, define and adapt the land and water boundaries ofa
port for which the port authority is responsible and to which these regulations shall ap
ply, and shall publish any amendment.
4- Port authorities of the GCC member states reserve the right to accept only vessels
that are in compliance with the construction and safety rulesof classification societies
recognised by GCC member states.
5- Every owner, charterer, master or agent applying for a permission for a ship
to enter a port under these regulations must ensure that the standard of the ship, inclu
ding the ship¶s master and crew certificates are notbelow the standards set by the Con
ventions, Protocols, Resolutions or Codes of Practice as presented under 6..
2
6/4 International Convention on Oil Pollution Preparedness, Response andCo-operat
ion (OPRC), 1990 including the protocol to this convention(HNS Protocol) covering
marine pollution by hazardous and noxious substances, always as amended.
6/5 International Convention for the Control and Management of Ships'allast Water a
nd Sediments, Adoption: 13 February 2004, and its Resolutions, always as amended.
6/9 International Convention for Safe Containers (CSC), 1972, always asamended
.
6/10 ILO Code of Practice on safety and health in ports, 2005, always as amended
.
6/11 ILO Code of Practice on accident prevention on board ship at sea and
in port, 2nd Edition 1996, always as amended.
6/12 ILO C185 Seafarers' Identity Documents Convention (Revised), 2003, always
as amended.
6/13 ILO and IMO Code of Practice on security in ports, 2004, always as amende
d.
6/14 Regional Convention for the Conservation of the Red Sea and Gulf of Aden
(1982), 1985, including the Protocols related thereto, always asamended.
6/15 Kuwait Regional Conventions for Co-operation on the Protection of the Marine
Environment from Pollution, 1978, including the Protocols relatedthereto, always
as amended.
6/18 Any further Convention with respect to security, safety or environment protec
tion adopted by the IMO or ILO or any other relatedInternational Organisation, aft
er the coming into effect of these regulations.
3
Definitions
GCC waters Means the territorial sea of GCC member states and all G
CC internal waters and the Economic Zone as defined in
the International Law ofthe Sea.
4
Conventions Means the Conventions relevant to port or shipping, or bot
h, issued by the IMO, ILO or the Regional Conventions relate
d
to the protection of the environment.
Employee Means a person employed by an employer.
License Means a right issued by the port authority as licensor for the
licensee to perform services or works in, at or for that port.
Licensed pilot Means a person who holds a valid licence as a pilot issu
ed by a competent port authority in a GCC member state un
der these regulations.
PERSGA Means The Regional Organisation for the Conservation of the Env
ironment of the Red Sea and Gulf of Aden (PERSGA).
5
Port Means a port designated in Schedule 1: Schedule of Ports in the
se regulations.
Section 1
2) to contribute to the national social and economic objectives and to promote the SRUWV¶ co
mpetitive strengths and the VWDWHV¶ trade objectives in a global market;
5) to encourage private sector participation in the provision of port services with a view to e
nsure an economic use of resources and to enhance fair competition;
7) to establish close lines of information and to coordinate and cooperate with all surface tra
nsportation systems; and with Government organs;
8) to invest in the future by way of promoting national employment and the education and lif
e-l
Section 2
1/1 the navigation and use by ships of a port and its approache
s, the control of ship traffic, reporting, mooring, towage, berthing a
nd the loading andunloading of ships;
7
1/5 the transportation, handling or storing of cargo and of dange
rous goods or other substances that constitute or may constitute a
danger to life orproperty;
1/6/2 for the determination of places of refuge for ships in distress (as
per IMO resolution A.949(23));
1/6/5 to promote adherence to and comply with the Regional Conventions aimed
at protecting the VWDWHV¶ land, air and marine environment, notably the:
8
/6/6 to establish medical services for seamen on board ships including the required i
nfrastructure and equipment for the VHUYLFHV¶ mobility.
2/2 shall not come into effect before 90 days as from the date of the UHJXODWLRQV¶ pu
blication unless the situation requires an earlier coming into effect whichshall be so p
ublished.
4- The competent Minister, or the designated authority, may confer the power under
3. to a port authority or to
Section 3
Advisory Council
Section 4
Section 5
Section 6
Prohibitions
1- Any person shall be held liable to a fine and to compensate the damage caused if c
arrying out an activity prohibited in a port including an activitythat has or may have a
ny of the following effects
10
1/3 to obstruct any land or water area;
1/5 to reduce the depth of the waters of the port or its approaches;
1/7 to emit agents polluting or otherwise reducing the quality of a port¶s soil,
water or air;
1/8 to interfere with or adversely affect port operations or the property manage
d by the port authority or by the contracted or licensed portoperators.
Section 7
3- A condition under 2. may include the provision of a security, safety, pollution prevention
or operation plan and the submission of qualificationcertificates of staff carrying out the acti
vity, to the satisfaction of the port authority.
11
Section 8
Authorisations to Persons
1- No person shall conduct an activity set out in column 1 of Schedule 2 (List of Activities)
if an ³;´ is set out in column 3 unless the person obtainsand is covered by an authorisation
and complies with the conditions of the authorisation.
3- Subject to 4) the port authority may give its authorisation on receipt of a request and the i
nformation required by the port authority.
4- If the activity appears to have a result prohibited under Section 6 (Prohibitions), the port
authority may refuse to give its authorization or may requirethat the person obtains prior ins
urance that covers the risks of the activity.
5- A person applying for an authorization under this Section shall provide to the port a
uthority
5/2 information relevant to the proposed activity and required by the port auth
ority to assess the likelihood of a result prohibited underSection 6 (Prohibitions);
5/3 if required by the port authority, proof that the applicant has an insuran
ce policy that provides adequate coverage of the risk of theactivity and li
sting the port authority as an additional beneficiary; and
12
6- A port authority may cancel an authorization given or change the conditions of the
authorization if the conduct of the activity is seen to have aresult prohibited under
Section 6 (Prohibitions).
7- If an authorization given is cancelled, the port authority shall give notice of the
cancellation to the person without delay and shall publish thecancellation to i
nform all parties concerned.
Section 9
Sub-section 9.1
3/1 under the mandatory vessel reporting system and the mand
atory vessel routing system require
3/1/1 the exchange of vessel-to-shore and shore-to-vessel information on traffic
of vessels intending to enter waters (whether or nottransiting the waters) of
one or more GCC member states; and
3/1/2 the exchange of shore-to-shore information between port authorities on v
essels heading to a port under these regulations;
13
3/2 under the vessel traffic services require the exchange of vessel- to-sho
re and shore-to-vessel information on traffic of vesselsentering or leaving o
r within a port.
4- If changing existing or establishing new systems or services port authorities shall
be guided by the provisions of IMO resolution MSC.
43 (64), amended by IMO resolution MSC 111 (73) and shall also be guided by
the general principles for mandatory vessel reporting and requirementsof IMO
resolution A.851(20).
Sub-section 9.2
(To facilitate reporting, the master or agent shall use the ³8QLIRUP Pre-Arrival Notificati
on 5HSRUW´ of Schedule 5 B. The latest version of thisReport may be obtained from any
GCC port authority¶s website and can be applied in all GCC ports. )
2- The owner, master or agent of a ship intending to enter a port for a purpose other than car
go operations or passenger embarkation/ disembarkation, suchas repair, bunkering, medical
assistance, or crew change or a ship in distress or in a state of emergency shall follow the pr
ovisions of these regulationsincluding providing the information under 1..
3- The master of a ship under 1. and 2. must inform the port authority of any chang
e to the information so notified until the master is releasedformally from reporti
ng.
4- Every ship entering the waters of one or more GCC member states or intending to
enter a GCC port shall, in accordance with Part 2 (List ofInformation) of Sched
ule 5 A, be fitted with an Automatic Identification System (AIS) and a Ship Secu
rity Alert System (SSAS) which meet therequirements and performance standards
set out in the SOLAS Convention of the IMO, always as amended.
5- Every ship entering the waters of one or more GCC member states or intending t
o enter a GCC port shall, in compliance with SOLAS 74, Chapter IV,always as
14
amended, carry on board the required radio communication equipment under th
e Global maritime distress and safety system (GMDSS), fortransmitting ship-to-
shore distress
alerts by at least two separate and independent means, each using a different radio
communication service.
6- Every port authority has the power to require from the owner, master or agent of a
vessel intending to enter the waters of a GCC state or enteringa GCC port additional i
nformation with respect to the ship and its crew, passengers and cargoes in a form as
determined by the port authority, whichshall be so published.
Sub-section 9.3
1- Ships meeting the criteria set out under 1.1. to 1.3. are ships of a potential hazard t
o shipping or a danger to maritime safety, the safety ofpersons or property or the e
nvironment. They are
1/3 ships that have failed to comply with the requirements of the app
licable regulations related to the mandatory vessel reportingsystem or
the vessel traffic service system that fall under the responsibility of a
GCC member state¶s port authority as well as a ship¶sfailure to abide
by the rules and regulations pertinent to the IMO ISPS ± Code or ship
s which have been refused access to a GCC port orwhich were reporte
d or notified by a member state with regard to port state control meas
ures or any infringement pertinent to the IMO ISMCode.
15
2- Port authorities holding relevant information on ships under 1. shall act in complia
nce with these regulations or communicate the information(shore-to-shore) to the nati
onal competent authorities concerned and the port authority or competent authorities
of other member states along theplanned route of the ship.
3- The port authority or competent authorities, shall carry out the necessary measures and m
ay further carry out any appropriate inspection or verificationwith respect to vessels describ
ed under 1. and shall so inform all member states concerned of the results of their inspection
s or other actions orsanctions taken.
4- If a port authority is not the competent authority under 2. or 3., the Minister, or t
he designated authority, shall establish for the portauthorities to have available t
he required names, addresses of and means and procedures of communication (s
hore-to-shore) with the competentauthority.
Sub-section 9.4
1- Every port authority shall, with a view to prevent or mitigate any threat to mar
itime safety, the safety of individuals and property or theenvironment, ensure t
hat the master of a ship sailing within the member state¶s waters immediately
reports
1/1 any incident or accident affecting the safety of the ship, such as collis
ion, fire, running aground, damage, malfunction orbreakdown, flooding o
r shifting of cargo, any defects in the ship¶s steering devices or hull or str
uctural failure; or any other damages.
1/4 any slick of oil or other polluting materials and containers or packag
es seen drifting at sea.
2- The report under 1. shall include the ship's identity, position, port of departure, p
ort of destination, the address from where information maybe obtained on the da
nger, hazard or threat or dangerous and polluting goods carried on board, the nu
mber of persons onboard, details of theincident and any relevant information in
16
compliance with pertinent, updated IMO requirements (i.e. IMO Resolution A.8
51 (20), (General Principlesfor Ship Reporting and Reporting Requirements incl
uding Guidelines for Reporting Incidents)) .
3- Every port authority shall, where required by national law or regional conventions,
immediately convey the information under 1. and 2. to theconcerned maritime safety
authorities or responsible regional environment protection agencies.
4- If, in the opinion of the desinated authority , an investigation into an incident or acci
dent of a ship under 1. is deemed necessary, theinvestigation shall be carried out in
compliance with the Government¶s applicable law.
Sub-section 9.5
1/1 monitor that all ships, if entering the area of a mandatory ships' routing
system operated by a GCC member state, use the systemin accordance with
the relevant guidelines and criteria developed by the IMO under Chapter 5,
Regulation 10 of the SOLAS Convention and ensureto promulgate all infor
mation necessary for the safe and effective use of the ship routing system,
1/2 ensure that ships transiting a GCC member state¶s waters or heading
to a GCC port are fitted with a voyage data recorder (VDR)system in ac
cordance with Part 2 (List of Information) of Schedule 5 A, which meet t
he requirements and performance standards set out in theSOLAS Conven
tion of the IMO, always as amended.
2- Data collected from a ship¶s VDR system in the event of an investigation shall be
made available to the competent Minister, or the designatedauthority.
3- The competent Minister, or the designated authority, arranges that such data are pr
operly analysed and ensures that the findings of the
investigation are published as soon as possible after the investigation.
17
Sub-section 9.6
1/1 give a traffic clearance to a ship to enter, leave or proceed within the p
ort or any area of the port;
1/2 direct the master, pilot or person in charge of a ship to provide specified inf
ormation in respect of the ship;
1/5 direct other ships in the proximity of a ship in apparent difficulty or presenti
ng a pollution threat or other hazard to life or property.
2- Procedures established by a port authority with respect to ship traffic in a port and its app
roaches and anchorages shall be consistent withinternational and national standards and prac
tices for marine vessel traffic services, in particular those established under international con
ventions andnational regulations.
3- No ship shall, if it is required to obtain a traffic clearance, enter, leave or proceed within
a port or a traffic control zone without having obtainedthe clearance.
18
Section 10
Requirements
Sub-section 10.1
1- Every port authority shall have in use, in accordance with a time- schedule determ
ined by the competent Ministers,or the designated authorities, the appropriate sho
re-based infrastructure and procedures for vessel reportingsystems, vessel routing
systems
and vessel traffic services, including receiving and utilising the AIS infor
mation, taking into account anecessary range for the transmission of repo
rts.
2- Every port authority shall, where such systems are in use, ensure compliance with
the mandatory vessel reportingsystem, mandatory VKLSV¶ routing system and vess
el traffic services requirements.
3- Port authorities shall cooperate among them ensuring the interconnection and intero
perability of the national systemsused to manage the required information set out in
Part 3 (List of Information)
of Schedule 5 A.
19
4/3 each member state must be able, upon request, to send information on a ship
and the dangerous or pollutinggoods on board a ship without delay to a por
t or competent authority of another member state.
Sub-section 10.2
1- Every port authority shall, through the office of the competent Minister, or the designated
authority, cooperate with theGCC in attaining the following objectives
1/3 extending the cover of and/or updating the GCC vessel traffic monitor
ing and information system witha view to achieve enhanced identification
and monitoring of ships;
Sub-section 10.3
Implementation
1- carry out regular inspections assuring the functioning of the shore- based tele
matic systems so as to meet therequirements of these regulations,
2- establish procedures to ensure, without delay, to inform the flag state, any
other state concerned and theInternational Maritime Organisation of measu
res taken in respect of ships.
Sub-section 10.4
Reporting Formats
The owner, master or agent of a ship intending to enter GCC waters or a GCC port sh
all use the reporting formats asdepicted under Schedule 5 B. The latest version of thes
e reporting formats may be obtained from any GCC port website andcan be applied in
all GCC ports.
21
Sub-section 10.5
1- Every port authority so designated shall ensure that information to the shipping in
dustry and their regularcustomers being updated, notably via nautical publications
and through the internet. The information
shall carry the name of the authorities and the coastal stations designated, the geogr
aphical area for which they arecompetent, and the procedures laid down for notifyi
ng the information required under this Section.
2- Every port authority so designated shall, through the office of the competent Minis
ter, or the designated authority,send to the GCC office and, where applicable, to th
e IMO a list of the authorities and stations designated, togetherwith all relevant de
tails, as well as any updating thereafter.
Section 11
1- The waters within the boundaries of each port under Schedule 1: Schedule of
Ports, are compulsory pilotage areas.
2- The term "waters" under 1. includes port basins, anchorages, port approaches,
channels and other navigable waterareas.
3- A port authority may issue pilotage exemption certificates for a vessel¶s maste
r visiting with that vessel the portregularly or for a vessel operated by a licens
ed operator or due to a vessel¶s size.
22
4/1 due to
4/2 if, without reasonable cause, the person in charge of the ship fails to
4/2/3 sign the Uniform Master¶s Report supplied by the authority to the pilot
; or
4/2/4 comply with the ship¶s reporting obligations under Sections 9 and 28
Section 12
1- Every port authority shall establish and publish notification requirements to the con
cerned communities for theboarding of a pilot for the purpose of pilotage, whether lea
ving or entering a port or for a vessel¶s movement in a port.
2- A notification required under 1. may be waived with the permission of the port aut
hority.
23
Section 13
1- A pilot license issued by a port authority permits the license holder to provide a
dvice to the master in the conduct,navigation or
maneuvering of the ship in each pilotage area for which the license was issued.
5- A pilot license issued shall respect the qualification of the license holder.
6- A port authority having the power to issue pilot licenses must establish procedures
, for approval by the competentMinister, or the designated authority, for the pilots
¶ and pilot DSSOLFDQWV¶ qualification certificates
and medicalfitness requirements and for the apprenticeship, examination, licensin
g, certification and training requirements ofpilots
of a standard not be below that of internationally recognised best practice pilo
tage.
24
7/1 hold valid certificates required for the issuing of his pilotage lic
ense;
Section 14
1- The port authority must be informed before the commencement of any vessel movement.
2- The master of a ship berthed, moored or anchored shall ensure that at any time adequate t
owing lines can be attached tothe ship for the ship being towed from its berth, mooring or an
chorage.
3- Tug assistance is compulsory for all ship manoeuvres in port. The movement of a vessel
alongside berth may be permittedby the port authority without tug assistance, however,a bert
hed vessel is not permitted to run the propellers without writtenpermission from port authorit
y. Tug requirements for navigation or manoeuvring assistance and for berthing and un-berthi
ngoperations is decided by the master in agreement with the pilot and shall be based on best
practice.
4- Any failure of a master and pilot to reach agreement with respect to the employment of tu
gs either in their number orcapacity shall be referred to the port authority for decision. Any s
uch decision shall be binding and the master of a shiprefusing to act in accordance with the d
ecision shall be denied any further service.
5- The number and capacity of tugs required to berth or un-berth or for any other manoeuvr
e of a ship shall be ordered bythe ship¶s master
or the pilot, on account of the ship, with a tug operator licensed by the port authority, on the f
ollowingconditions
5/1 a tug used to assist a ship or a body being towed is considered to be under t
he exclusive control of themaster of that ship or the owner of the body being towe
25
d, which includes the
master¶s or owner¶s responsibility andliability for any damage caused to other ship
s or floating equipment, tug or port facilities;
5/2 the port authority and its licensed tug service organisation bear no responsib
ility and liability, includingany damage, which a third party may sustain;
5/3 the port authority and its licensed tug service organisation shall not be acco
untable for any delay, stoppageor inadequate power of the tug, however occasione
d or for whatever purpose.
6- Special towing lines for the towing of tankers or bulk vessels of any
size and type shall be provided by the tug onaccount of the ship and in compliance with the p
ort¶s tariff. Ships other than tankers or bulk vessels shall provide for theintended towage oper
ations towing lines that are of sufficient strengths, suitable type and in good condition for the
YHVVHOV¶ safe towage.
7- The conditions for towage under these regulations are activated at the commencement of
towage operations. Portauthorities in the GCC
may issue additional conditions for towage in the Uniform Master¶s Report. Acceptance of th
eadditional conditions for towage, as established in the Uniform Master¶s Report should be si
gned prior to the operation bythe owner, master or agent of the ship or body to be towed.
8- Manoeuvres with other than the ship¶s full engine power available shall only be performe
d with the consent of the portauthority.
9- The master in charge of a ship shall be responsible for the safe mooring of the ship at all
times while the ship is inport. All mooring lines must be fitted with rat guards while the ship
is alongside berth.
10- A port authority, after having considered all relevant circumstances in each particular ca
se, such as the type,propulsion, size, draught and manoeuvrability of the ship and the prevaili
ng traffic, navigation and weather conditions, mayexempt a vessel from employing tug assist
ance.
11- For the avoidance of doubt, the risk of ship manoeuvring in a port,
with or without tug assistance, is on the exclusive account of the ship and the cond
uct of the ship and the control ofthe tug(s) employed remain under the master¶s re
sponsibility.
26
Section 15
1/1 while berthed, moored or anchored in a port shall ensure his pres
ence on board of the ship, or ofhis qualified representative, and the p
resence of sufficient ship¶s crew required for the ship¶s normalcourse
of operation, and
1/2 shall ensure that the ship is, at any time, kept in a state of readines
s so that it can be movedquickly.
2- The master of a ship shall be responsible for the conduct of the ship¶s crew membe
rs while the ship is in port. Thecrew members shall observe the rules of good gene
ral conduct and must comply with these regulations.
3- Any disagreement on board the ship between the master and the crew or any acti
on or violation against theseregulations committed by any member of the crew
must be reported by the master or agent of the ship to the portauthority to settle
the matter, or for referring the matter to the competent authorities.
Section 16
Sub-section 16.1
Facilitation Requirements
Every port authority shall effectively pursue the facilitation requirements under item 2
. of the ³3UHDPEOH´ of theseregulations and shall further encourage
27
1 - the use of electronic data interchange between the port authority and
Sub-section 16.2
1 - Every port authority shall have established ³5HJXODWLRQV for the Safe Transport, H
andling and Storage of DangerousGoods and Marine Pollutants in 3RUW´ to be appr
oved by the competent Minister, or the designated authority.
2- Every owner or operator of a road vehicle or railway equipment and every port fa
cility operator, port terminaloperator, port stevedore, marine, bunker or ship yard
28
operator shall strictly comply with the ³5HJXODWLRQV for theSafe Transport, Handl
ing and Storage of
Dangerous Goods and Marine Pollutants in 3RUW´ as established by the portautho
rity and approved by the competent Minister, or the designated authority.
3- The regulations under 1. shall take into account, but not be limited to,
3/2 the need for safety and emergency equipment and related e
mergency procedures.
Sub-section 16.3
2- The information required shall be available away from packages containing the dan
gerous goods or marine pollutants andimmediately accessible in the event of an inci
dent.
29
3/1 appropriate entries in the special list, manifest or dangerous goods declar
ation; or
Sub-section 16.4
1- Every port authority may require the carrier reported as intending to or transporting
dangerous or pollutingsubstances to a port under these regulations, whether or not a
s transhipment or in transit, to provide additionalinformation or to clarify the infor
mation already given in respect of the dangerous goods or pollutants carried onboar
d a ship, vehicle or railway equipment prior to loading.
2- Every port authority has the right to refuse any dangerous goods or pollutant
s for handling, storage ortranshipment in the port if it considers, on reasonabl
e grounds, that their handling, storage or
transhipmentwould create a danger or any threat to life or property in the port
, or to the environment.
3- The port authority may, for any class of dangerous goods or for marine polluta
nts, require the agent of the shipor the JRRGV¶ or pollutant¶s owner or carrier to
arrange for the JRRGV¶ or pollutant¶s direct delivery orloading.
4- The port authority may remove, or give orders to remove, any ship or container
or movable tank, vehicle or railwayequipment or any
30
container loaded with or previously loaded with dangerous or polluting substan
ces, which proved tobe dangerous to life and properties within the port, or to th
e environment.
5- The quantities of dangerous goods permitted for each port operating under these r
egulations are set in Schedule 3(Dangerous Goods Limitation) of these regulation
s. Upon request of the owner, master
or agent of the ship a portauthority may make exemptions from this provision.
6- The master, owner or agent of a ship must not bring dangerous substances or marin
e pollutants into the port unlessproperly stowed, separated, labelled and marked on
board the ship and all necessary measures are completed to securethe transport, st
orage and handling of them in compliance with the provisions of the pertinent con
ventions. This shallbe registered in special documents for the carriage of these sub
stances.
7- The documents required from and the notices to be given by the owner, master or ag
ent of the ship for the loading,discharging, transhipment and transiting of dangerous goods
or marine pollutants must comply with this Section.
8- The port facility operator is responsible for the dangerous JRRGV¶ or marine
SROOXWDQWV¶ safe movement andstorage (if such storage is permitted) in the port.
Section 17
Cargo Operations
2- On the basis of the volume of goods shipped or on any other commercial agreement
generally accepted, a terminaloperator may grant commercial advantages to port u
sers including but not limited to tariff discounts and priorityberthing.
31
3- Except where certain details of a commercial arrangement under 2. between the ter
minal operator and the owner or agentof the vessel or the owner of goods require c
onfidentiality, these arrangements shall be made public.
4- For the avoidance of doubt, the provisions of 2. and 3. also apply where the port a
uthority, or a body corporateassigned to act as port authority, is the terminal oper
ator.
Section 18
1- Where, in the opinion of a port authority, any goods that have been seized or detaine
d under these regulation, or wherethe owner of the goods is unknown or where the
goods have been abandoned or were not collected within the period asdetermined b
y the port authority
1/4 occupying port area needed for the purpose of vessel berthing or cargo
handling, storage or transport;
the port authority shall, in consent with the competent Government organs and the G
CC unified Customs tariff, where deemedappropriate
under the circumstances and under the responsibility and on account of the vessel that
carried the goods, sell or otherwisedispose of the goods
in a manner and for the price that is reasonable in the circumstances.
2- The disposal under 1. of such goods may include their destruction or return to the
port of loading.
3- The proceeds, if any, of the disposition are to be credited toward payment, in a prior
ity established by the customsauthority in accordance with the unified GCC custo
32
ms tariff, of the amount due or payable in respect of the ship or goodsand the expen
ses incurred in connection with the detention, disposal or sale .
4- Where, under national law, the port authority is not the competent organ to disp
ose the goods specified under 1.,the Government organ so designated shall tak
e into account the port authority¶s requirements under 1.1. to 1.4. and,by apply
ing the national law, dispose the goods.
Section 19
1- The Ministers, or the designated authorities, may fix service charges, fees or du
es payable in relation to
1/2 goods handled within the limits of a port or stored in, or moved ac
ross, a port facility; and
1/3 any service provided by the port authority, or any right or privileg
e conferred by the portauthority, in respect of the operation of a port or po
rt facility or in respect of any other service provided toa ship, goods, vehic
les, craft, passengers, luggage, or persons.
2- The charges, fees or dues fixed under 1. do not apply in respect of a national
or visiting naval ship forwhich a Minister, or the designated authority, may fix
separate charges, fees or dues.
3- The Ministers, or the designated authorities, may confer the right for the fixin
g of charges, fees or dues
33
3/2 by contracts, leases, concessions or licenses to terminal operato
rs, a body corporate or topersons offering any other service in the port f
or the duration of the contract, lease, concession or licence.
4- The Ministers, or the designated authorities, may at any time suspend, amend
or withdraw the decision under3.1., or may, in the national interest, suspend, am
end or withdraw the right conferred under 3.2..
6- The port authority shall have the notice under 5. published in one or more majo
r newspapers; send a copy of thenotice to organizations affected by the charge,
fee or due and post an electronic version of the notice in the portauthority¶s we
bsite presentation.
7- The charges, fees or dues fixed in respect of a ship or goods shall be paid by the
owner or the person in charge ofthe ship or his agent, or the owner of the goods.
8- The charges, fees or dues fixed in respect of a person or vehicle shall be paid by tha
t person or by the owner of thevehicle.
Section 20
Standards of Vessels
34
Minimum 6WDQGDUG´ of these regulations and any additional instruction given theret
o by the port authority.
Section 21
1- Every person who operates a vehicle on port property shall do so in a safe manner and at
a speed not exceeding the speedlimit posted on signs or a lower speed that is reasonable unde
r the circumstances.
2- Every person entering, leaving or while in a port with a vehicle designed for the use on
public roads must ensure that thevehicle complies with the national and GCC¶s legal provisio
ns for the safe use and operation
of road vehicles, including thesecuring of cargo and containers and the carriage of dangerous
goods and polluting substances and it is the vehicle owner¶s andvehicle operator¶s obligation
that no unsafe vehicle shall enter or leave or move in the port.
3- Every person who operates a vehicle on port property shall obey the instructions on any s
ign posted and traffic directionsgiven by the competent state organs or a person authorized f
or that purpose by the port authority.
4- The port authority or a competent state organ may, in addition to imposing a fine, have a
vehicle locked, stored or removedif the vehicle or the cargo carried on it is unsafe, or if the v
ehicle has exceeded the permitted speed or has exceeded thevehicle¶s rated weight limit or ha
35
s been parked or stopped contrary to this Section, until the fine has been paid and thedeficien
cy corrected to the satisfaction of the port authority or the competent state organ.
5- The master of a ship in a port loading vehicles or vehicles carrying cargo, whether or not
their being loaded as rollingstock, shall ensure their safe condition, including the cargo¶s safe
securing, the vehicle¶s safe stowage and lashing on boardand shall obey the other safety req
uirements in accordance with the pertinent IMO provisions.
6- Where applicable, a port authority shall conclude an agreement with the railway organisat
ion allowing the railwayorganisation to use port property for its track, signalling and commu
nication systems and for the other facilities required.
7/1 ensure the safety of the railway¶s staff, systems and equipment in the port at all
times and the railway¶ssafe and efficient functioning,
7/2 be responsible for the conduct of its staff and for the safe mov
ement of railway equipment andcargo.
7/3 The port authority having a railway operating in the port shall pre
pare the agreement requiredunder 6..
Section 22
36
Section 23
1- Every person in a port shall follow the fire protection and prevention measures ta
ken and instructions given by theport authority or the pertinent fire fighting or sa
fety forces.
2- Every person who, in a port, may or may likely cause a dangerous situation shal
l
2/1 hold valid an insurance that covers the risk of causing a dangerous
situation and the damages thatmay occur as a result thereof and that hold
s harmless the port authority and any third party against suchdamage;
2/3 notify the port authority without delay as to the nature of the dangero
us situation and theprecautions that have been taken
and their location.
3- A person may, in a port, conduct an activity set out in column 1 of the activity list
of Schedule 2: (Activity List)without having a contract, lease, concession or licenc
e if
37
a report to the port authority describing the activity and explaining why t
he situation was regarded as anemergency.
Section 24
Precautionary Measures
1- If a person conducts any activity that is likely to have any of the results prohibit
ed under Section 6 (Prohibitions)the port authority may instruct the person to im
mediately cease the activity or to take the precautions to prevent theresult.
Section 25
Scope of Duties
1/1 to protect passengers and visitors and to ensure a safe and healthy wor
king environment for allGovernment servants and private sector employees,
staff and workers having a duty or work to perform in a port;and
1/2 ensure compliance of his crew with the occupational safety and hea
lth regulations for merchantships issued by the competent administration
of the Government the ship is entitled to fly the flag;
3- Every owner or master of a ship should provide occupational safety and health in
formation and instructions for theship¶s crew under 2. requires to comply with th
e duties of an employer under Sub-section 25.2.
Sub-section 25.2
Duties of Employers
39
1- Every employer in a port shall ensure that the employee is, while
at work, safe from injury and risks to health and shall provide and maintain
2- An employer shall
2/1 establish a safety and health plan for his system of work, for approva
l by the port authority;
2/2 monitor the health and welfare of his employees to prevent work in
juries;
2/3 keep records relating to work-related injuries and retain the records
for a period as determined bythe port authority;
3- For the avoidance of doubt, a port authority is an employer; and so is any port fac
ility, stevedore, terminal, ship-yard or marine operator and any person contracted
or licensed by a port authority including any
ship agent, ship or equipment repairer, diver, fumigator, surveyor, or
any other person having staff working in a port such as cargo owners, forwarders, v
ehicle owners, railwaysorganisations and any master of
a ship lacking occupational safety and health regulations issued by the Govern
ment the ship is entitled to fly theflag.
Sub-section 25.3
Duties of Employees
41
1- Any employee must take reasonable care to protect his own safety and health at
work and to avoid adverselyaffecting the safety or health of any other person th
rough an act or omission at work.
2- An employee must
2/3 comply with any workplace policy approved by the port authority;
3- For a staff or worker whose native language is not Arabic, and who is not reasona
bly fluent in Arabic, regard must betaken to
Sub-section 25.4
42
Safety and Health Regulations in Ports
1/1 the ILO Code of Practice on Safety and Health in Ports, 2005, always
as amended, and
2- Every employer in a port shall, in the circumstances under 1., ensure compliance
of his employees with theoccupational safety and health requirements under 1.
and ensure the availability of sufficient copies
in a language that is expected to be understood by the employees and place the
se in a way accessible for eachemployee.
Section 26
1- No person shall access any port area as defined by its boundaries, via water, ai
r or land unless the person obtaineda permit from the port authority for access
ing a port.
2- A port authority may have signs, fences or barriers arranged to ensure the secur
ity and safety of persons, ships andproperty, the environmental protection or th
e management of the port infrastructure and the services of the port.
43
3- Every person in a port shall obey the instructions on signs posted and respect the fu
nctions of fences and barriersestablished by the port authority.
4- No person shall remove, mark or deface any sign, fence, barrier or device arran
ged by a port authority in a port.
Section 27
1- Every ship applying for a permission to enter a port and every port facility
operator in a port must ensurecompliance with the security requirements fo
r ships and port facilities of the International Convention for theSafety of L
ife at Sea (SOLAS), 1974, issued by the IMO, always as amended.
Section 28
1- Every owner, master or agent of a ship applying for a permission to enter a port
must provide the information to theport authority, or the security officers duly
authorized by the pertinent GCC Government, at least 48 hours prior totheir en
try into port as required under
Chapter XI-2 ± (Special measures to enhance maritime security) of IMO SOL
AS,1974, in association with Regulation XI-2/3 of this new Chapter implement
ing the International Ship and PortFacilities Security Code (ISPS Code), alway
s as amended.
44
2- To facilitate compliance with the notification requirements under 1., the master or agent o
f a ship intending to enter aport shall use the ³8QLIRUP Ship Pre-Arrival Report as per ISPS
Code and 2002
Amendments of SOLAS ´ in accordance withSchedule 5 B. The latest version of this For
m may be obtained from any GCC port authority¶s website and applies to all GCCports man
aged under these regulations.
3- Failure of a master asking for clearance to enter a port under these regulations to pr
ovide the complete informationrequired under 1. and
2. constitutes reason for the ship being denied entry in the port and no damage shal
l be claimedby the vessel¶s owner or master as a result thereof.
4- If the security level of a ship entering a port exceeds the security level
of the port or port facility where the ship shallanchor or be berthed or moored, the owner or
master of the ship shall be held liable for the expenses incurring to the portauthority for esta
blishing the required additional security measures as a result thereof.
Section 29
1- Every vessel is subject to security control when within the boundaries of a port
by officers duly authorised by thepertinent GCC Government in compliance
with Chapter XI-2 of the SOLAS Convention, always as amended.
Section 30
45
1- To protect the marine environment in ports and surrounding seas of the Arabian
Gulf, Gulf of Oman, Arabian Sea (to200 NM) and Red Sea, likely to be establi
shed as ³6SHFLDO $UHDV´ as from the year 2006, every owner or master of aship
must avoid ship-sourced pollution in the ports and of the marine environment a
nd comply with the standards of thepertinent conventions set under item 4. of th
e ³$SSOLFDWLRQ and Minimum 6WDQGDUGV´ in these regulations.
Section 31
Sub-section 31.1
Reception Facilities
1- Every port authority or port facility operator shall make available, within a tim
e frame established by thecompetent Ministers, or
the designated authorities, and in compliance with international, respectively r
egionalconventions, programmes and plans, adequate facilities for the receipt
and disposal of the various waste productsgenerated on board ships, including
waste associated with cargo handling.
2- Every port authority may decide to have the facilities for the receipt and disposal o
f the various waste productsgenerated on board ships be operated by the private sector
through licenses and contracts.
3- A port authority, making a decision under 2., shall ensure that the disposal of
the waste products is effected incompliance with the international and region
al conventions and national laws.
46
5- The competent Ministers, or the designated authorities, may, in consent wit
h the competent stateadministrations, assign additional responsibilities to the por
t authorities for the protection of the environment.
Sub-section 31.2
1- Every port authority and port facility operator shall implement a waste reception a
nd handling plan for each port orfacility under its control following consultations
with the relevant parties, in particular with
port users or theirrepresentatives, and with the pertinent national or regional pollut
ion prevention or environment protection agencies.
2- The waste reception and handling plan under 1. shall be developed in a regional context t
aking into account therequirements of applicable regional conventions for the protection of t
he environment.
3- Every port authority shall monitor the waste reception and handling plan¶s im
plementation and ensure its reviewand reassessment at least every three years.
4- The waste handling plan shall consider the collection of waste from vessels in the
port and include the collectionand disposal of waste material from any person an
d on the person¶s account, performing services in a port, such as,but not limited t
o, any terminal operator, stevedore, port marine operator, bunker operator, ship y
ard and workshopoperator, fishing port operator, small craft port operator, recreati
onal port operator.
5- The waste-handling plan shall, as far as reasonably possible, foresee the separation
of waste materials at theirsources into different
classes of waste, as determined by the port authority, to avoid their being mixed.
47
6- The waste-handling plan so established shall, for reasons of compliance, be pub
lished and notified to all personsaffected by it.
7- A port authority may assign the collection of waste from a ship to the terminal oper
ator handling the ship. Theterminal operator may assign this task through a commerci
al agreement to a specialised waste handling operator licensedby the port authority.
8- A port authority may exempt a person or port operator under 4. from his waste be
ing collected by a licensed wastehandling operator
under Sub-section 31.1, 2. if the person or operator under 4. provides evidence fo
r the collectionand disposal of his waste material
compliant with the regional conventions, the national law, these regulations andt
he port authority¶s waste handling plan.
Sub-section 31.3
1- Every owner, master or agent of a ship shall notify the port authority in respect to t
he compulsory collection ofwaste in the port.
(To facilitate reporting, the master or agent shall use the ³8QLIRUP Vessel Waste C
ollection 5HSRUW´ of Schedule 5B. The latest version of this Form may be obtained
from any GCC port authority¶s website and can be applied in allGCC ports. )
2- A port authority may establish alternative notification requirements for ships eng
aged in coastal or regionaltrading, and for traditional craft, which shall be so pu
blished.
3- The owner, master or agent of a ship shall make all necessary arrangements for the
collection of waste with theoperator of the port reception facility.
4- The notification under 1. or 2. and the waste reception facility operator¶s unified
certificate of confirmedreceipt of the waste shall be kept on board the requestin
48
g ship for the next port under these regulations asevidence that the ship¶s waste
had so been collected.
Sub-section 31.4
1- The master of a ship shall, before leaving the port, have delivered all ship-generat
ed waste to a port receptionfacility.
2- Failure to deliver the waste in a port a ship may proceed to the next port with t
he approval of the portauthority. Such approval shall not unreasonably be with
held and must timely be obtained by the ship¶s agent, oncondition there is suffi
cient dedicated storage capacity
on the ship for all waste accumulated, and for the wastethat will be generated d
uring the voyage of the ship to the next port.
3- Where a port authority considers, if necessary in consultation with the designated compet
ent authorities, that the wasteaccumulated on board a ship may pose a threat or harm to the
health of the crew or may be dumped at and pollute the sea orthat adequate facilities are not
available at the intended port of delivery, or if this port is unknown
at the time of theship¶s departure, the port authority shall take all reasonable measures by re
quiring the ship to deliver its waste beforedeparture from the port.
4- The owner, master or agent of the ship shall pay the applicable charges on acco
unt of the ship for the collectionof ship generated waste and cargo residues.
Sub-section 31.5
49
1- Every port authority shall ensure that the costs incurring through the establishment,
operation and maintenance ofport reception facilities for ship-generated waste and
cargo residues, including the analysing,
treatment and disposalof the waste, shall be covered through the levying of fees an
d/or charges from ships.
2-The cost recovery systems for using port reception facilities shall be reasonable
to avoid constituting anincentive for ships to discharge waste or cargo residue
s into the sea.
5- Having reviewed the report under 4., the GCC may submit a proposal to amend the
se regulations by the introduction ofan improved and unified payment system to cover
the costs referred to in 1..
Sub-section 31.6
Exemptions
1- Every port authority shall exempt national or foreign naval ships, or ships oper
ated under the command of aGovernment, from the
provision of this Section. The competent Ministers, or the designated authoriti
es, may, inrespect to the collection of waste and the levy of fees or charges, iss
ue special regulations for these classes ofships.
50
2- With respect to the levying of fees and/or charges and collection of waste, ever
y port authority
2/1 may reduce the fees or charges applicable if the master of the ship can
demonstrate that the shipproduces reduced
quantities of ship-generated waste by way of the ship¶s waste manage
ment, design, equipmentand operation;
2/2 may exempt ships engaged in scheduled traffic with frequent or regular call
s provided that there is anarrangement to ensure the delivery of ship generated was
te in a port along the ship¶s route.
3- For the avoidance of doubt, it is the ship owner or master¶s obligation to provide v
alid evidence for the portauthority to agree to an arrangement under 2..
Sub-section 31.7
Every owner of a ship, such as passenger ships, bulk and general cargo ships and conta
iner ships, entering a port underthese regulations shall have in place and maintain adeq
uate strict liability insurance to cover the cost of incidentssuch as a clean up resulting f
rom the spillage of bunker fuel or other oil; and shall carry on board the ship acertifica
te clearly attesting that such cover is in force as well as a Prima Facie evidence of a va
lid Protection andIndemnity (P. & I.) club membership contract.
Sub-section 31.8
1- A port authority is, in consent with the competent Government administration, res
ponsible for the clean up of anypollution in a port where the source of the spill ca
nnot be identified.
51
2- To reimburse the costs incurred by the port authority through any such incident, the comp
etent Ministers, or thedesignated authorities may, in addition to utilising compensation proce
eds from the IOPC FUND, jointly decide on acompensation scheme which may include the
establishment of a fund obtained from a levy applied to all ships visiting GCCmember state
ports.
3- Any such levy under 2. may be part of a port authority's tariff or schedule of fe
es or charges or be incorporatedin the port fees or berth fees, or any other sim
ilar fee.
Sub-section 31.9
Implementation
1- Every port authority shall ensure that any ship except ships under Sub-section 31.6,
1. may be subject to aninspection in order to verify compliance with the provisions of this S
ection and that a sufficient number of suchinspections is carried out.
2- In the carrying out of inspections port authorities shall pay particular attenti
on to ships having notcomplied with the notification requirements of Sub-section
31.3.
3- Where a port authority has reasonable grounds to believe that the ship does not co
mply with this Section the portauthority shall ensure that the ship does not leave the p
ort until it has delivered its ship- generated waste and cargoresidues to a port receptio
n facility and has paid for the services.
52
4/1 improving the identification of ships which have not delivered their
ship-generated waste andcargo residues in accordance with these regula
tions,
6- Designated authority shall arrange access to competent laboratory capacity for the
analysing of samples of materialshaving caused pollution in a port with a view to i
dentify their source and ensure that these samples meet criteria forbeing used as ev
idence, also in court proceedings.
Section 32
1- To effectively respond to ship sourced pollution incidents, port authorities shall co-
operate with the relevant regionalenvironment protection agencies in the implement
ation of plans under the regional conventions to combat pollution of themarine envi
ronment by oil, cargo residues and other noxious and hazardous substances.
2- The plans under 1. shall assist and contribute to the pooling of resources of the pe
rtinent GCC agencies and stateGovernments, the oil processing, shipping and exp
loration industries to provide categories of preparedness to thedangers posed to th
e marine environment by oil, cargo residues, chemical spills and other polluting s
ubstances.
Section 33
53
1- The operator of a terminal engaged in the handling of oil, liquid chemicals or gas h
as the power to responsibly issueinstructions in respect of tanker liability, operation
s, safety, security and pollution prevention applicable within theboundaries of the t
erminal as defined by the port authority.
2- The instructions under 1. shall, prior to their coming into force, obtain approval by
the port authority controllingthe port and be issued as ³Tanker Terminal 0DQXDO´
3- The ³Tanker Terminal 0DQXDO´ shall acquaint tanker owners, charterer, masters, cre
ws, agents and visitors with thefacilities and services available and shall further inf
orm them of the terminal¶s general conditions, rules andregulations.
4- The owner, charterer, master, crew or agent of every oil, liquid chemical or gas tan
ker entering a port shall besubject to and comply, in addition to these regulations, wit
h the instructions, rules and regulations as established bythe terminal operator¶s ³Tank
er Terminal 0DQXDO´ always as amended.
5- The tanker terminal operator¶s power to issue for the terminal under his manage
ment a ³Tanker Terminal 0DQXDO´ doesnot restrict a competent Minister, or a des
ignated authority, or a port authority in the enforcement of their powersunder the
se regulations..
6- The agent of every tanker under 4. entering a port under these regulations must
ensure the availability on board of avalid copy of the approved ³Tanker Termin
al 0DQXDO´ in both the Arabic and English language and shall have themaster si
gning the manual¶s receipt.
Section 34
54
1- Every operator of a terminal handling tankers for the loading or discharging
of oil, liquid chemical or gas shall,recurrently within every four years and
on the terminal operator¶s account, prepare a comprehensive and GHWDLOHG³T
erminal Assessment 5HSRUW´ for approval by the port authority controlling t
he port; the first assessment reportbeing completed within 4 years as from t
he date of the coming into force of these regulations.
2- The assessment shall establish that the terminal¶s conditions, the operator¶s organisationa
l efficiency and work practicesand the ³Tanker Terminal 0DQXDO´ required under Section 33
are in compliance with, respectively consider and take intoaccount, the latest development i
n tanker terminal technology, including the requirements for security, safety and environmen
tprotection methods in accordance with international standards, conventions and regulations.
Section 35
1- Due to the specific risk of rapidly declining stability of ro-ro vessels and ro-ro
passenger ferries as a result of amarine occurrence every port authority shall, w
ith particular attention, monitor the safe management and operation ofro-ro ves
sels and ro-ro passenger ferries operating to or from GCC ports in compliance
with the InternationalManagement Code for the Safe Operation of Ships and fo
r Pollution Prevention (the ISM Code), respectively under portstate control pro
cedures.
2- The requirement under 1. shall apply to all persons, operating one or more ro-ro
vessels or ro-ro passenger ferriesto or from a port under these regulations, whet
her or not operated as regular service.
3- Persons under 2. shall, on a mandatory basis, comply with all the provisions of
paragraphs 1.2 to 13.1 and ofparagraph 13.3 of the ISM Code as a requiremen
t for the SHUVRQV¶ ro-ro vessels or ro-ro passenger ferries to provideservices to
or from a port of a GCC member state.
Section 36
55
Passenger Ships
1- To protect the life and property of passengers and crews and the environment, the o
wner, master or agent of everypassenger ship operating on international voyages, re
gardless of the ship's age and size, the number of passengerscarried and the flag it i
s entitled to fly, shall carry on board in its original version of ship¶s certificates ( ex
ceptthe Document of Compliance as per the ISM Code, which may be carried on bo
ard as a copy) and have ready at any time forinspection by the port authority or any
person authorised and so designated by the port authority, valid documents andcerti
ficates or any exemption thereof in compliance with Schedule 4 (Documents to be c
arried on Board) .
Section 37
1/3 arrange for the passengers or pilgrims to rest, move and be checked
by the Government organs undershelter, and
1/4 for passengers or pilgrims to readily identify and claim their baggage
after its being checked by thepertinent Government organs.
56
3- If not required by a port authority otherwise, the owner, master or agent of a ship carrying
passengers or pilgrims to aport under these regulations shall take all appropriate measures w
hich will contribute to expedite ship arrival, departure andpertinent clearance procedures incl
uding
1/3 the provision to the port authority and the concerned Government organs of an ad
vance message according to theuniform forms in this roules and regulation giving the be
st estimated time of arrival, followed by information as to anychange in time, and stating
the itinerary of the voyage where this may affect inspection requirements;
2/3 having the required ship and passenger and baggage documents re
ady for prompt review;
3/3 providing for prompt and orderly assembling and presentation of persons o
n board, with necessary documents,for inspection.
4- Every agent of a ship carrying passengers or pilgrims with impaired mobility, heari
ng or vision shall timely so informthe port authority and provide measures and equip
ment necessary for the passengers' safe disembarkation, embarkation andtransport and
for the convenient movement, collection and inspection of their baggage, on account
of the ship.
5- Every port authority accepting passenger ships shall reserve in the port access ro
utes free of obstacles and pointssuitably located and marked with appropriate sig
ns and provide any reasonable assistance needed for passengers orpilgrims who
have impaired mobility, hearing or vision.
Section 38
57
Sultanate of Oman
State of Kuwait
Kingdom of Bahrain
United Arab Emirates
being committed to the necessity of a unified system of port state control measures and
of intensifying co-operationand information exchange have, by way of Inter-Governmental A
greement, known as ³5L\DGK Memorandum of Understanding 5L\DGK028 ´ reached accor
d in that each competent maritime authority or each competent port authority, will give effect
to theprovisions of the Riyadh Memorandum of Understanding and any Annex thereto, alwa
ys as amended.
2- Every owner or master of a vessel entering a GCC port and every port state control i
nspector so designated issubject to the provisions of the Riyadh Memorandum of Understand
ing and any Annex thereto, always as amended, agreed among GCCmember states.
Section 39
1- Designated authority, shall bring notice of each practice and procedure proposed i
n addition to these regulations tothe attention of the concern parties likely to be affect
ed by it at least ninety (90) days before the proposed effectivedate of the measure, an
d a reasonable opportunity within those ninety days shall be given to ship owners, ma
sters, personsin charge of ships and other interested persons to make representations t
o the port authority with respect to it.
2- The notice shall include information as to where a copy of the proposed measur
e, including any related documentsnecessary to understand it,
3- After the port authority considers any representations made by interested persons w
ith respect to a proposed measure,it may adopt the measure.
4- The provision under 1. does not apply where the port authority has assessed that a
n urgent situation exists, but theport authority shall take reasonable steps to bring
notice of the measure to the attention the concern of any personlikely to be affecte
d by it as soon as possible after it comes into force.
58
Section 40
1/4 fails to comply with any requirement of a port authority to prevent or mitigat
e a situation under Section6.
3- When assessing a fine for a violation under these regulations the port authority shall, i
n establishing the amount ofthe fine, take into account whether or not the person, by contrav
ening a provision of these regulations, exercised duediligence to prevent its commission.
4- When an offence is committed on more than one day or is continued for more t
han one day, it is deemed to be aseparate offence for each day.
6- A court in that proceedings in respect of the offence are taken, may, in addition
to any punishment it may impose,order the person to comply with the provisions
which the person violated.
59
Section 41
1/1 the owner or person in charge of the ship or the goods has, by wa
y of commanding or managing theship or goods, violated a provision of t
hese regulations; or
1/2 if the ship is, through measures of port state control or any other
international measures aimedat assessing the safety of the ship, crew, p
assengers and cargoes, not found in compliance with the provisionsof t
hese regulations.
2- A port authority may, at any time launch procedures, in compliance with the applic
able national law, for the detentionof a ship or goods carried on a ship if, in the port a
uthority¶s opinion,
2/1 a fee, charge, fine, due or damage compensation is due and payable i
mposed under these regulations;
2/3 Where, during the term of the detention order, the master or owner of t
he ship gives an order for theship to depart from the port in which it is det
ained, the master or owner, is guilty of an offence.
60
2/4 No person to whom a detention order is addressed in a port under these r
egulations shall, after havingreceived the order, give clearance of the ship
to which the order applies.
2/5 No ship in a port shall leave without having first received a traffic cleara
Section 42
2- For the avoidance of doubt, the competent Minister or designated authority may es
tablish that a port authority or portoperator, or both, do not accept any liability an
d it is the ship, cargo or vehicle owner¶s, or their DJHQWV¶REOLJDWLRQ to make appro
priate enquiries.
Section 43
Licenses
1- Every person performing a service or work in a port shall, whether or not holding a contr
act, lease or concession with theport authority, prior to the carrying out of the service or wor
k, request for a license from the port authority, which shallnot unreasonably be withheld, co
vering the legitimate performance of the service or the work in the port controlled by the po
rtauthority.
2- On the coming into force of these regulations the competent Minister, or the desig
nated authority, shall inform, bydecision, the port
authorities under his jurisdiction with respect to the conditions, details and the per
iod of validityof licenses issued by a port authority.
61
3- Licenses issued by a port authority prior to the coming into force of these regula
tions shall remain valid for theperiod stated in them. Unless provided otherwise
, licenses issued by a port authority in association with a contract,lease or conce
ssion shall remain valid
for the period stated in the contract, lease or concession. Where no period isstat
ed or were a license is not associated with a contract, lease or concession, the li
cense shall expire after 2years of the date of the coming into force of these regu
lations. Upon receipt of an application to the port authorityfor a new license, w
hich shall not unreasonably be withheld, the license shall be issued taking into a
ccount theconditions and details under 2..
4- A port authority may, prior to the issuing of a license, with a view to ensure
the highest standard ofproficiency in the port under its control, ask for eviden
ce to the satisfaction of the port authority, or to thesatisfaction of a profession
al committee established for this purpose by the port authority, of the licensee
¶sfinancial and
professional capacity to perform the service or intended service and may furt
her ask for a financialguarantee to be deposited by the holder of a license.
5- By giving the information under 2. the competent Minister, or the designated author
ity, shall ensure that the issuingof licenses by a port authority to persons performin
g or intending to perform a service or work in a port maintainscompetition among t
his class or classes of persons.
Section 44
1- Every ship, regardless of its employment, purpose, propulsion, size, type or flag,
intending to enter a port shall,prior to the entering, have appointed an agent res
ponsibly representing the ship.
2- An agent appointed under 1. shall hold a license valid for at least three months af
ter the period of the ship¶sintended stay in the port.
3- The expiration of a license held by an agent does neither release the agent from t
he carrying out of his obligationsto the owner, charterer, master, crew or cargo o
f the ship nor does the expiration of the license release the agentfrom the carryin
62
g out of the ship charterer¶s, owner¶s or master¶s obligations to the port authorit
y or cargo owner,including the settlement of all dues, fees, charges, fines and da
mage compensations, after the ship has departed theport.
4- An agent appointed under 1. Must have his registered office in a GCC member state
and the owners of the agency shall beGCC nationals.
6- Failure of the vessel¶s owner to pay the fees to an agent for the services pro
vided (whether or not appointed bythe diplomatic representative of the vess
el¶s flag state) the port authority may invoke the provisions of Section41 (V
essel Detention).
7- In compliance with Section 43, 4) the port authority may ask the agent holding a lic
ense issued by the port authority,to deposit a guarantee for the settlement of his prin
cipal¶s financial obligations.
Section 45
1- With the coming into force of these regulations the previous ³5XOHV and Regulat
ions for Ports in the *&&´ arerepealed.
Section 46
Technical Committee
1- For the purpose of maintaining these UHJXODWLRQV¶ uniform application in all GCC ports th
e Ministers and designatedauthorities may, on the coming into force of the regulations, estab
lish Technical Committee
63
as exhibited under Annex 2 tocontinue its work on a permanent basis for the regulation¶s up
dating and amending under procedures as established underSection 47.
Section 47
1- Where a port authority of a GCC member state recognises the need to amend these
regulations it shall convey arespective proposal, including the proposal¶s underlying reasons
, to the GCC secretariat for dissemination among the GCC portauthorities for agreement or
comment using the format under Annex 3 to these regulations.
Section 48
Prevailing Language
1- These regulations are issued in both the Arabic and English language whereby the A
rabic language shall always prevail.
64
Schedule 1: Schedule of Ports
UNITED ARABEMIRATES
MUSAFFAH
AL SADR
HIMRIYAH
HIMRIYAH
65
AJMAN AJMAN 25 DEG ¶1 55 DEG ¶(
KINGDOM OF BAHRAIN
KINGDOM OF SAUDIARABIA
66
RAS AL JUAYMAH (TERMINAL OFRAS TANURA ) 26 DEG ¶1 50 '(*¶(
SULTANATE OF OMAN
STATE OF QATAR
HALUL STATIONARY
STATE OF KUWAIT
67
For Ports in the Kingdom of Saudi Arabia (1)
Section 7 Section 8 du
nd
er
Sectio
n6
conducting a diving operation X
1
carrying out hot work X
bunkering or fuelling X
carrying out
68
(a) an oil transferoperation, a chemicaltransfer op X
eration or aliquefied gas transferoperation betwee
n ships
10
11
12
13
(1) This list of activies is subject to changes without notice. An updated version of the list of the list of activities for th
1
4
1
5
1
6
69
conducting a race, regatta,trial, demonstration,organized event or similaractivit X
y
1
7
1
8
1
9
2
0
2
1
2
2
swimming X
2
3
navigating within the areainside the break wallsbetween sunrise and sunset ata s X
peed greater than 40 km/h
2
4
2
5
70
Operating the vessel¶sengine for the purpose oftesting the engine whilethe v X
essel is in portmoored alongside berth
2
6
List of Activities
Halul Port
IT COLUMN 1 COLUMN 2 COLUMN 3 COLU
E MN 4
M
Sectio
n6
1 conducting a diving operation X
5 bunkering or fuelling X
71
8 excavating or removing anymaterial or substance X
2 navigating within the areainside the break walls betweensunrise and sunset at a sp X
2 eedgreater than 40 km/h
2 navigating within the areainside the break walls betweensunset and sunrise at a sp X
3 eedgreater than 10 km/h
2 navigating within the areainside the break walls within30 m of the shore at a sp X
4 eedgreater than 10 km/h
72
2 navigating a ship that is morethan X
5 18m in length within thearea inside the break wallsat a speed greater than 10k
m/h
2 navigating within the areainside the break walls causinga wake or wave of more th X
7 an 10cm in a no-wake area.
2 navigating within the areainside the break walls causinga wake or wave of more th X
8 an 40cm on the shore- line, thebank or against a shoreinstallation or a berthedship.
List of Activities
Mesaieed Port
73
IT COLUMN 1 COLUMN 2 COLUMN 3 COLU
E MN 4
M
Sectio
n6
1 conducting a diving operation X
5 bunkering or fuelling X
7 carrying out
74
1 placing, altering, removing orrelocating an aid tonavigation, buoy, mooring,float, X
2 picket, mark or sign
2 navigating within the areainside the break walls betweensunrise and sunset at a s X
2 peedgreater than 40 km/h
2 navigating within the areainside the break walls within30 m of the shore at a sp X
4 eedgreater than 10 km/h
75
2 navigating a ship that is morethan X
5 18m in length within thearea inside the break wallsat a speed greater than 10km/h
2 navigating within the areainside the break walls causinga wake or wave of more than 10c X
7 m in a no-wake area.
2 navigating within the areainside the break walls causinga wake or wave of more than 40c X
8 m on the shore- line, thebank or against a shoreinstallation or a berthedship.
List of Activities
Sectio
n6
76
1 conducting a diving operation X
4 bunkering or fuelling X
6 carrying out
77
1 placing a placard, bill, signor device X
8
2 navigating within the areainside the break walls at aspeed greater than X
3 10 km/h
2 navigating within the areainside the break walls within30 m of the shore at a sp X
4 eedgreater than 10 km/h
2 navigating within the areainside the break walls causinga wake or wave of more th X
7 an 10cm in a no-wake area.
2 navigating within the areainside the break walls causinga wake or wave of more th X
8 an 40cm on the shore- line, thebank or against a shoreinstallation or a berthedship.
List of Activities
78
For Ports in the State of Qatar
Doha Port
Sectio
n6
1 conducting a diving operation X
5 bunkering or fuelling X
7 carrying out
79
1 setting off a flare or othersignaling device X
2
2 navigating within the areainside the break walls betweensunrise and sunset at a s X
4 peedgreater than 40 km/h
2 navigating within the areainside the break walls within30 m of the shore at a sp X
6 eedgreater than 10 km/h
80
2 navigating a ship that is morethan X
7 18m in length within thearea inside the break wallsat a speed greater than 10km/
h
2 navigating within the areainside the break wallscausing a wake or wave ofmore tha X
9 n 10 cm in a no-wakearea.
3 navigating within the areainside the break wallscausing a wake or wave ofmore tha X
0 n 40 cm on the shore-line, the bank or against ashore installation or aberthed ship.
List of Activities
For Ports in the State of Kuwait (3)
t
i
v Section 7 Section 8
i Section 6
t
81
y
(3) This list of activies is subject to changes without notice. An updated version of the list of the list of activities for th
List of Activities
82
ITE C COLUMN 2 COLUMN 3 COLUMN 4
M O
L
U
M
N
1
t
i
v Section 7 Section 8
i Section 6
t
y
83
(4) This list of activies is subject to changes without notice. An updated version of the list of the list of activities for the respective port
List of Activities
84
Sectio
n6
1 conducting a diving operation X
5 bunkering or fuelling X
7 carrying out
(5) This list of activies is subject to changes without notice. An updated version of the list of the list of activities for the respective port
85
1 building, placing,rebuilding, repairing,altering, moving or removingany structu X
6 re or work on,in, over, under, through oracross land or water
List of Activities
Sectio
n6
1 conducting a diving operation X
5 bunkering or fuelling X
7 carrying out
86
9 (b) a liquefied natural gas(LNG), liquefied petroleum g X
as(LPG) or gas vapour transfer
(6) This list of activies is subject to changes without notice. An updated version of the list of the list of activities for the respective port
2 swimming X
3
2 navigating within the areainside the break wallsbetween sunrise and sunset ata s X
4 peed greater than 40 km/h
87
2 navigating within the areainside X
5 the break walls betweensunset and sunrise at a speedgreater than 10 km/h
2 navigating within the areainside the break walls within30 m of the shore at a sp X
6 eedgreater than 10 km/h
rab Kingdom of Sultanate of Kingdom of
State of Kuwait State of Qatar
Saudi Arabia Oman Bahrain
tity Max. quantity Max. quantity Max. quantity Max. quantity
Max. quantity per
per per vessel per per vessel per per vessel per per vessel per
vessel per voyage
voyage voyage voyage voyage
88
Prior approval
from
Government and
As per IMDG as per IMDG as per IMDG
Classes 1 and 2 Port Authority is Code Code Code
not allowed required As per requirements requirements requirements
d 2 regardless of
wed quantity unless IMDG Code
of prior approval is requirements
obtained from as per IMDG as per IMDG as per IMDG as per IMDG
the respective Code Code Code Code
Port Authority. requirements requirements requirements requirements
as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code
requirements requirements requirements requirements
DG as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
b Kingdom of Saudi Sultanate of Kingdom of
State of Kuwait State of Qatar
Arabia Oman Bahrain
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG Unlimited (Only as per IMDG as per IMDG as per IMDG
Code 200 Tonnes Code Code Code
requirements Discharge) requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
89
Code Code Code Code Code
requirements requirements requirements requirements requirements
b Kingdom of Saudi Sultanate of Kingdom of
State of Kuwait State of Qatar
Arabia Oman Bahrain
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
Prior approval
from as per IMDG as per IMDG as per IMDG
According to
Government and Code Code Code
IMDG Code and
Port Authority is requirements requirements requirements
these Regulations
required As per
Unlimited
IMDG Code
requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
G as per IMDG as per IMDG as per IMDG as per IMDG as per IMDG
Code Code Code Code Code
requirements requirements requirements requirements requirements
Schedule 4: Documents to be Carried on Board
1 A Reference
90
l
l
s
h
i
p
s
91
ate
International Ship SecurityCe SOLAS 1974, (2002 amendments),regulation XI-2/9.1.1; ISPS Codepart A,
rtificate section 19 andappendices.
(ISSC) or Interim Internation
al Ship
Security Certificate
Passenger Ship Safety Certifi SOLAS 1974, regulation I/12,as amended by the GMDSSamendments
cate1 ; 1988 SOLASProtocol, regulation I/12,(2000 amendments), appendix
92
Special Trade Passenger ShipSafety
Certificate, Special TradePassenger STP 71, rule 5, SSTP 73, rule 5
Ship Space Certificate
Cargo Ship Safety Radio Certificate5 SOLAS 1974, regulationI/12, as amended by theGMD
SS amendments;1988 SOLASProtocol, regulation I/12
/5
Document of authorization forthe carriage SOLAS 1974, regulation VI/9;International Code for
of grain the SafeCarriage of Grain in Bulk,section 3
93
Certificate of insurance or otherfinancial security i CLC 1969, article VII
n respect ofcivil liability for oil pollutiondamage
Record of oil discharge monitoringand control syst MARPOL 73/78, Annex I, regulation
em for the lastballast voyage 15(3)(a)
Crude Oil Washing Operation and MARPOL 73/78. MARPOL 73/78,Annex I, regula
Equipment Manual (COW Manual tion 13B
94
In addition to the certificates listed in sections 1 and 3 above, whereapplicable,
:any chemical tanker shall carry
Certificate of Fitness for theCarriage of BCH Code, section 1.6; BCHCode as modified by
Dangerous Chemicals in Bulk resolution MSC.18(58),section 1.6
In addition to the certificates listed in sections 1 and 3 above, whereapplicable, any gas carrier shall carry:
International Certificate of Fitnessfor the IGC Code, section 1.5; IGCCode as modified byre
Carriage of Liquefied Gases in Bulk solution MSC.17(58),section 1.5
In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any high-speed
craft shall carry:
Permit to Operate High-Speed Craft 1994 HSC Code, section 1.9; 2000
HSC Code, section 1.9
In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any ship carryin
g dangerous goods shallcarry:
Document of compliance with thespecial req SOLAS 1974, (2000 amendments),regulation II-2/19.4
uirements for shipscarrying dangerous goods
In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any ship carrying d
angerous goods in packagedform shall carry:
1 In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any ship carrying
0 INF cargo shall carry:
In addition to the certificates listed in sections 1, and 2 or 3above, where applicable, any Nuclear Ship
shall carry:
A Nuclear Cargo Ship SafetyCertificate or Nuclear Passe SOLAS 1974, regulation VIII/10
ngerShip Safety Certificate, in place ofthe Cargo Ship Saf
ety Certificate orPassenger Ship Safety Certificate,as appr
95
opriate.
Diving systems
Noise levels
List ofInformation
96
P Information to be notified in accordance with Sub-section 9.2, 1. and Sub-section 9.2, 2.
ar
t1
General Information on the vessel, including
1/4 estimated time of arrival atthe port of destination or pilot station,as req
uired by the competent authority,and estimated time of departure from that
port.
1/5 details of ship¶s crew and passengers
Details on Pilotage and Towage
3/1 the correct technical names ofthe dangerous or polluting goods, theUni
ted Nations (UN) numbers where theyexist, the IMO hazard classes inacco
rdance with the IMDG, IBC and IGCCodes
and, where appropriate, the class of theship needed for INF cargoes as define
d inRegulation VII/14.2,
the quantities of such goods and, if theyare being carried in cargo transport u
nitsother than tanks, the identification numberthereof;
3/2 address from which detailedinformation on the cargo may beobtain
ed.
3/3 characteristics and estimated quantityof bunker fuel,
for ships carrying more than 5,000 tons ofbunker fuel,
Details on Environment Protection
4
97
Details on Security
5
List ofInformation
The master of the ship must forthwith inform theport authority concerned of any change
to theinformation notified.
ar
t2
as per SOLAS, CHAPTER XI-2, Special measures toenhance maritime security, reg
ulation 6 and theIMO ISPS Code, always as amended.
Electronic Messages
P
ar
t3
Member states shall develop and maintain thenecessary infrastructure to enable tran
smission,reception and
conversion of data between systems using XML orEDIFACT
syntax, based on Internet or X.400 communicationfacilities.
List ofInformation
The GCC shall develop and maintain, inconsultation with the member states, anInterf
ace Control Document, which describes thesystem facilities in terms of the messages
cenario, the message functions and the relationbetween
the messages. The message timing and performanceshall be detailed, as well as data i
nterchangeprotocols and parameters. The Interface ControlDocument shall further spe
cify the data contentof the required message functions and describethose messages.
99
These procedures and infrastructure shouldincorporate, whenever practicable, reporting
andinformation exchange obligations resulting fromdirectives given by the Minister, or t
hedesignated authority, including on port receptionfacilities for ship-generated waste an
d cargoresidues.
rt
Measures available to Member States in the event ofa threat, or where a threat is foreseea
ble, tomaritime safety and the protection of theenvironment
Where, following an incident or circumstance of thetype described in Sub-section 9.3 affe
cting a ship,the port authority of the pertinent member statedeems, within the framework
of international law, that it is necessary toavert, lessen or remove a serious and imminen
tthreat, or foreseeable threat, to its coastline orrelated interests, the safety of other ships
andtheir crews and passengers or of persons on shoreor to protect the marine environme
nt, the pertinentauthority may, inter alia:
List ofInformation
give official notice to the master of the ship toput an end to the threat to the environme
2
t ormaritime safety;
100
instruct the master to put in at a place of refugein the event of imminent peril, or cause
5
the ship tobe piloted or towed.
101
Schedule 6: Schedule of Fines and Penalties
Index of Subject
Sub-Sectio
Item Sub-Item Section n
Abandoned Goods Disposal of Seized, Detained or 18
Authorisations to Persons 8
105
Collection Notification for the Collection ofWaste 31/3
Sub-Sectio
Item Sub-Item Section
n
Dangerous Goods Power of the Port Authority 16/4
106
Employees Duties of Employees 25/3
Sub-Sectio
Item Sub-Item Section
n
Infrastructure Equipment, Data, CooperationRequirements 10
Licenses 43
Minister Powers of 2
Passenger Ships 36
Port Fees 19
Sub-Sectio
Item Sub-Item Section
n
Port Waste Port Waste Handling Plans 31/2
Publications Notification/Publications 39
108
Railway Safe Operation of Vehicles andRailway 21
Sub-Sectio
Item Sub-Item Section n
Ship Agents Appointment of Ship Agents 44
Standards of Vessels 20
109
Storage Transport and Handling of DangerousGoods 16/2
Vessels Standards of 20
110
111
Annex 2 (section 46)
baderhood@hotmail.com ΩϮϤΤϤϟΩϮϫέΪΑΫΎΘγϷ
112
Eng. Hassan Saleh Hariri
ϱήϳήΣϟΎλϦΑϥΎδΣαΪϨϬϤϟ
Marine@ports.gov.sa
ΔϳήΤΒϟΓέΩϹήϳΪϣ
Fax : + 966 1 4053468
ΊϧϮϤϠϟΔϣΎόϟΔδγΆϤϟ
Jawal : + 966 505208554
Eng. Nasser H. Al-Tuaijri
ϱήΠϳϮΘϟΪϤΣϦΑήλΎϧαΪϨϬϤϟ
Lmc@ports.gov.sa
ΕέΎϨϔϟΓέΩ·ήϳΪϣ
Fax : + 966 1 4035072
ΊϧϮϤϠϟΔϣΎόϟΔδγΆϤϟ
Jawal : + 966 505427642
Mr. Abdul Rhman A. AlGhmdi
ϱΪϣΎϐϟͿΪΒϋϦΑϦϤΣήϟΪΒϋέΎθΘδϤϟ
Legal@ports.gov.sa
ΔϴϧϮϧΎϘϟΓέΩϹήϳΪϣ
Fax : + 966 1 4121925
ΊϧϮϤϠϟΔϣΎόϟΔδγΆϤϟ
Jawal : + 966 505287462
Mr. Saleh Mohamed Al-Mosaad
ΪϋΎδϤϟΪϤΤϣϦΑϟΎλΫΎΘγϷ
salehalmosaad@yahoo.com
ϲϋΎϨμϟϦϣϸϟΔϳΰϛήϤϟΓέΩϹήϳΪϣ
Fax : + 966 1 4121361
ΊϧϮϤϠϟΔϣΎόϟΔδγΆϤϟ
Jawal : + 966 505225375
114
Fax : + 966 1 4827716
115