Cargoes have no place in the roadstead

23.08.2021
Cargoes have no place in the roadstead

The Ministry of Transport has prepared fines for transshipment outside ports.

The Ministry of Transport, which has already proposed to limit the loading and unloading of pollutants from ship to ship outside ports, wants to back up this decision with fines. Their size for companies, according to the amendments of the Ministry of Transport to the Administrative Offenses Code, which Kommersant got acquainted with, may amount to up to 10 million rubles. But even without fines, limiting transshipment threatens with additional costs. Experts admit that regulation of road transshipment is necessary, but in the current version of the rules it looks more like an attempt to reorient cargo to ports.

As Kommersant found out, the Ministry of Transport submitted to the government an adjusted bill on the introduction of fines for the so-called road transshipment, that is, the movement of goods from ship to ship outside ports. First of all, we are talking about oil and oil products. The document supplements the bill on limiting road transshipment outside ports from March 1, 2022, submitted to the State Duma on June 16 (see Kommersant on June 15).

In the new edition of the amendments of the Ministry of Transport to the Code of Administrative Offenses (CAO), in contrast to the old one, for violations in the exclusive economic zone of the Russian Federation (EEZ), smaller fines are provided than for violations in internal and territorial waters, as well as within the boundaries of ports where cargo is ship to ship is prohibited. For road transshipment in the EEZ, citizens face fines of 50-100 thousand rubles, officials - 100-400 thousand rubles, individual entrepreneurs and companies - 0.5-1 million rubles. For unloading and loading operations in other unauthorized places, fines will amount to 100-200 thousand rubles, 0.5-1 million rubles. and 5-10 million rubles. respectively. Ship owners and captains will be fined.

Banning road transshipment outside ports will result in additional costs for companies.

According to the estimates of the Ministry of Transport itself, which it gives in an explanatory note, the average cost of transshipment of a ton of oil on the roadstead is $ 5, at the berth - $ 10. According to the ministry, in 2020, in the ports of Murmansk, Novorossiysk, Feodosia and in the port of Kavkaz, 10 thousand operations of road transshipment of liquid cargo with a total volume of 99.4 million tons were performed (about a quarter of all transshipment of such cargo, according to the Association of Sea and Trade Ports) ... Data on the volume of road transshipment outside the ports is not provided.

Sergei Afanasyev, who has worked as a navigator and captain for 25 years, agrees that "it would be reasonable to restrict road transshipment outside ports." But if it is necessary to transship cargo only within the ports, the costs will increase for both the sender and the recipient, he emphasizes: "Both will need to enter the port and pay harbor dues, pilotage services, and towing during mooring and unmooring." The process will take longer than transshipment on the open sea under normal weather conditions, the expert adds, which will lead to a decrease in turnover.

The Ministry of Transport is ready to allow road transshipment outside the current borders of the ports, but only in the transshipment areas assigned to them and determined by the government. The criteria for setting up districts are not yet clear.

The Kommersant ministry clarified only that "the possibility of reloading from ship to ship is not excluded, only rules for its implementation are established, which were absent earlier." Fines for off-road transshipment with violations are, for example, in English law, notes the managing partner of Navicus.Law and President of the Maritime Law Association (RUMLA) Konstantin Krasnokutsky. Moreover, the British authorities do not limit the amount of the fine, it is established by the court.

In an explanatory note, the Ministry of Transport notes that unregulated offshore transshipment creates a threat of "emergencies and environmental pollution." And in the port water area, the developers of the bill hope, the cargo will be transshipped under control and with the obligatory presence of a plan for the prevention and elimination of emergency spills of oil and oil products.

“Environmental protection is just a pretext for the adoption of the bill. Its goal is to maximize the use of port facilities, ”believes Konstantin Krasnokutsky.

Nadezhda Malysheva from PortNews also admits that the bill may be an "element of competition" for cargo in ports. The expert believes that the Caucasus looks like the target of the new regulation. There, transshipment mainly takes place from river vessels delivering cargo along the Volga and Don to roadstead storage facilities with subsequent transshipment to sea vessels. Transshipment of goods in the water area of the terminal in Taman (owned by OTEKO) is several times more expensive, she adds, besides there are no river berths, that is, goods can go to the railroad. In other cases, Ms. Malysheva notes, the prohibition of off-road transshipment outside ports may result in ships leaving the waters of other countries.

Source: https://yandex.ru/turbo/kommersant.ru

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