SETTLEMENT OF CLAIMS WITH NEXT OF KIN OF MISSED SEAFARERS
Being
a
P&I
Correspondents
in
Ukraine
we
confirm
that
State
Ecological
Inspection
for
Protection
of
Black
Sea
(SIPBS,
or
state
ecologists)
has
resumed
the
practice
of
attacking
the
vessels
calling
at
Ukrainian
ports
due
to
ballast
inspections.
Thus
state
ecologists
deal
severely
with
ballast
inspection
again
and
ground
for
inspection
is
exclusively
if
a
vessel
dumps
any
visible
floating
parts
or
traces
of
oil
or
oil-containing
or
any
other
polluting
substances
in
the
area
of
dumping,
which
leads
to
an
actual
impairment
of
the
quality
of
water.
In
accordance
with
environmental
requirements
ships
which
entering
the
Black
Sea
when
passed
Bosporus
straight
should
change
the
ballast
waters
taken
in
other
areas
of
the
ocean.
On
March
27,
2019
the
Ukrainian
Cabinet
of
Ministers
adopted
the
Resolution
No.367
“Some
Issues
of
Deregulation
of
Commercial
Activity”,
which
amends
the
Government
Resolution
No.269
dd.
29.02.1996
“The
Rules
of
Protection
of
Inland
Sea
Waters
and
Territorial
Waters
from
Littering
and
Polluting”
entered
into
legal
force
28
April
2019
with
regard
to
ballast
waters
control
in
Ukrainian
sea
ports.
This
regulation
cancelled
the
control
of
segregated
ballast
waters
on
the
seagoing
ships
in
Ukrainian
ports.
The
procedure
of
detecting
the
pollution
discharge
should
be
into
compliance
with
MARPOL
73/78.
The
Regulation
established
that
the
State
Ecological
Inspection
is
forbidden
to
execute
control
of
the
segregated
ballast
waters
on
the
seagoing
ships
until
the
Government
adopts
the
special
procedure
that
should
regulate
the
conducting
of
ballast
water
inspections,
taking
the
samples
and
carrying
out
their
analysis.
Ukrainian
authorities
in
process
of
elaboration
of
the
regulation
the
segregated
ballast
control
matters.
Thus
the
segregated
ballast
waters
on
ships
are
allowed
to
be
discharged
in
Ukrainian
ports
without
any
restrictions
and
control
from
the
state
ecological
inspection
or
other
authorities.
We
prepare
some
practical
recommendations
how
to
protect
Shipowners’
interests
before
the
ecological
inspection.
P&I Correspondents’ Recommendations:
• Master should change the ballast after entering Black Sea from and Ballast Exchange Forms should be completed accurately and correctly
•
Ship's
administration
should
maintain
a
control
of
working
condition
of
ballast
tanks,
pipe
lines,
valves,
gears,
clinkets
and
relevant
ballast
equipment
onboard.
All
ship’s
ballast
tanks
should
be
well-maintained,
i.e.
they
should
be
painted,
there
should
be
no
any
rust
or
loose
scale
inside.
To
avoid
load
ballast
at
non-designated
tanks
and
avoid
connections
with
other
tanks
which
are
not
designated
for
these
purposes,
so
only
segregated ship's ballast is not a subject of mandatory sampling/analysis under local ballast regulations.
•
Vessels
without
segregated
ballast
system
will
be
under
control
of
ecological
inspectors
in
each
port,
therefore
ballast
that
is
in
the
ballast
tanks
should
be
completely
segregated
and
independent
from
all
the
shipborne
systems
(e.g.,
fuel-injection
system,
cargo
oil
handling
system,
sanitary flushing system, etc.).
• To notify in advance P&I Correspondent to instruct P&I surveyor for attendance onboard together with ecological authorities.
•
To
maintain
a
close
contact
between
P&I
Club,
Shipowners,
P&I
Correspondent
and
surveyor
during
procedure
of
inspection
by
the
ecologocal authorities and do not sign or complete any documents, protocol submitted by the Ecological inspection until P&I surveyor are present.
•
To
arrange
ship’s
sailing
in
exchange
of
P&I
Correspondents’
Letter
of
Undertaking
to
Harbour
Master
Office.
Harbour
Master
accepts
LOU
from the P&I Correspondents duly registered as Ukrainian company
•
To
arrange
Master’s
Letter
of
Protest
and
obtain
the
Power
of
Attorney
from
Master
in
favor
of
local
lawyers.
P.O.A.
should
be
issued
in
order
to
protect
Shipowners
interests
and
after
sailing
the
vessel
to
arrange
an
appeal
the
fine
through
appropriate
court
procedure
even
after
imposed and settlement the fine.
