Law of Ukraine
"On Ratification of the Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Italy on Mercantile Shipping"
Date of entry into force:
December 18, 2013
The Agreement between the Cabinet of Ministers of Ukraine and the Government of the Republic of Italy on Mercantile Shipping (hereinafter referred to as "Agreement") was concluded on February 21, 2012 in Rome.
The Constitution of Ukraine (Article 85, paragraph 32) states that the Verkhovna Rada of Ukraine provides consent for Ukraine to be bound by international agreements. And, according to Article 9 of the Law of Ukraine "On International Agreements of Ukraine", the Agreement is subject to ratification.
The Law ratifies the Agreement.
The Agreement is applied on the territories of Italy and Ukraine, including their territorial seas. The provisions of the Agreement apply to maritime traffic between the Party States and to/from third countries. The provisions of the Agreement do not apply to the work of the Party States in the sphere of harbor services (such as towing and pilotage), coastal navigation, sea fishing and inland navigation (Article 1 of the Agreement).
Article 2 of the Agreement provides definitions of terms used in it.
In order to provide for implementation of the Agreement, the Party States confirm their consent to observe the principle of freedom of maritime shipping, and shall take measures under their national legislations to eliminate any obstacles that may obstruct development of shipping between them. They shall also refrain from any discriminatory measures that may restrict activity of ships of the Shipping Companies of both states. Neither of the Party States shall obstruct ships of the Shipping Companies of the other Party State from transporting cargo between the ports of that Party State and the ports of third states. Both Party States shall make efforts to implement appropriate international agreements concerning safety of navigation, protection of maritime environment, and social security of sailors. They shall also support cooperation between their Competent Authorities in order to implement rules and provisions on offshore search and rescue, navigation safety, protection of maritime environment, and make efforts to fight unlawful acts related to maritime shipping. Both Party States shall make efforts to observe non-binding international recommendations assumed by either Party State, in order to protect its own territorial sea (Article 3 of the Agreement).
According to Article 4 of the Agreement, each Party State shall grant ships operated by national shipping companies of the other Party States in its ports the same treatment as granted to ships flying its national flag, which includes:
- free port access;
- entrance to / exit from ports;
- payment of duties and tariffs, and payment for port services;
- port fees and taxes;
- use of port equipment for loading and unloading;
- use of port equipment and services for loading and unloading waste;
- boarding and alighting of passengers, crew members, and loading and unloading of cargo.
Each Party State shall recognize the nationality of the other Party State's ships, as confirmed by the documents carried on board of such ships, issued and recognized by their respective Competent Authorities under their national legislation. Ships of each Party States equipped with tonnage certificates issued according to the International Convention on Tonnage Measurement of Ships, 1969, or according to the current national legislations, are exempt from repeated tonnage measurement in the ports of the other Party State. Each Party State shall inform the other Party State of any other changes in its tonnage measurement system in order to allow the other to determine equal conditions (Article 5 of the Agreement).
The rights and obligations of the crew members in ports of call are established by Article 7 of the Agreement.
According to Article 8 of the Agreement, persons on board who are citizens of a Party State and hold an identification document included in Article 6 of the Agreement, and are not part of the ship roll, have the right to pass through the territory of the other Party State to board their ship, board another ship, or return to their domicile state, only if they hold a visa. Appropriate authorities issue the visa or other entry documents under circumstances of extreme necessity and urgency. In such cases, such foreigners must present, in addition to the above documents, a valid passport or another personal identification accepted for entry to the territory of the Party State.
Article 9 of the Agreement envisages that if a crew member of one Party State's ship commits an offence on board of the ship during its passage through the territorial sea of the other Party State, appropriate state authorities of the latter shall not persecute the above crew member, except in the following cases:
- the offence violates the national security, public order or port safety, or violates the national legislation in the sphere of health care, safety of life at sea, protection of the maritime environment, customs or immigration procedures;
- the consequences of the offence extend to the territory of the state in which the ship is present;
- the offence is committed by persons or against persons who are not members of the crew, or against citizens of the Party State in which the ship is present;
- the offence is related to transportation of weapons, psychotropic substances or narcotics;
- the offence is punishable by deprivation of freedom under the national legislation of both Party States.
If a ship of one Party State suffers a shipwreck, runs aground, sustains damage or another accident in the territorial sea, ports, or coastal areas of a Party State, appropriate authorities of the latter shall assist in rescuing the crew, passengers and cargo on board of the ship in distress, in the same way as they would assist their national ships and cargo (Article 10 of the Agreement).