ANNEX 1. The main cargo transport and forwarding conditions in the Sea Commercial port of Mariupol
5. TRANSSHIPMENT AND TRANPORT-FORWARDING SERVICE OF THE GOODS TRANSPORTED IN CONTAINERS, PACKAGES AND TRAILERS
5.1. When transporting export and transit cargoes in containers and packages:
5.1.1. The containers shall be accepted by the port from the railway waggons or from other transport means and deliver aboard a vessel by visual inspection with checking the correspondence of the seals to the standards' requirements, acutance of seals' print, proper technical and commercial condition of the containers in accordance with the regulations in force.
5.1.2. When accepting the containers, any technical defects, absence of seals or their unproper condition, non-acutance of print or discrepancies between the signs on the seals and the data in the shipment documents, presence of other seals, non-correspondence to the documents enclosed or absence of the documents (in all cases without access to the cargo) are found out, the port shall have the right to refuse to accept such containers. On receiving a container from a carrier with the defects that do not provide safety of the goods, the port shall reject to accept such container. In case of necessity to check the cargo in a container or to reload it into a container of good condition, the port makes this operations with its own facilities in the presence of a representative of the delivering party for his account. Checking done, a container to be sealed by a representative's own seals.
5.1.3. Opening of containers and packages loaded in these containers at the request of the State Inspection bodies (Customs, Immigration, Quarantine, Vet-erinary, State Grain Inspection and etc.) including for fumigation, as well as delivery for inspection and further repacking shall be carried out by the port for a cargo owner's account in the following way:
220.127.116.11. The containers with export cargoes shall be opened by the port in the presence of a representative of the Inspection body, cargo owner (his representative or forwarder) who shall issue an Inspection Statement. This Statement fixes: technical and commercial conditions of the opened container, quantity and condition of the shipper's seals removed, numbers and signs on those seals, results of inspection of the cargo, including number of the inspected packages, and the facts of withdrawal, if any. After inspection and subsequent re-packing such con- tainer is to be sealed with a cargo owner's seal or by a seal of the inspection body. The prints and number of the seals affixed to be also shown in the Statement. Statement is signed by a representative of the state inspection body that performed an inspection, port, customs and cargo owner (his representative or forwarder). The shipper's seals shall be handed over to a cargo owner (his representative or forwarder) together with the Statement of inspection. Statement only certifies the fact of the inspecting a cargo but not the quantity, weight or conditions of the cargo in the container.
18.104.22.168. Re-stuffing of the cargo in the container at the inspection body's request shall be carried out by the port in the presence of a cargo owner (his representative or forwarder) for a cargo owner's account. Statement shall be issued in the same way and shall state the actual availability and conditions of the goods against submitted documents. The removed seals shall be given to a cargo owner (his representative or forwarder) together with the Statement.
5.1.4. Stuffing of export cargoes into the container for their further delivery for export shall be carried out with the participation of a cargo owner (his representative or forwarder) and sealed by them.
5.1.5. In exceptional cases, at a cargo owner's request (his representative's or forwarder's) and in agreement with the port, a break up of the containers with export cargoes, arrived with proper shipper's seals , can be carried out with the participation of a cargo owner (his representative or forwarder). An application for a break up shall be enclosed to a cargo owner's (his representative's or forwarder's) shipping order. In this case the port does not bear any responsibility for the conditions of the cargo in the container.
5.1.6. At a forwarder's request, some B/Ls' lots of export or transit cargoes adatedressed to the same receiver can be allowed for loading in the same container. In this case, a forwarder shall issue a list of the lots to be stuffed in this container indicating the number of the B/Ls' lots and number of packages in those lots as well.
5.1.7. Acceptance of cargoes in packages from the railways or other transport means shall be carried out by the port after visual inspection. In case of damage of some packages, the port shall open a package for checking of the contents with further re-packing and weighing for the account of a delivering party. All such cases to be fixed in the commercial acts (statements).
5.1.8. Shipment of export and transit cargoes aboard in packages is carried out by the port according to the quantity of packages in good condition without checking the number of cargo pieces in those packages and with indication of number of packages and weight declared by a shipper in B/Ls. The packages should be in conformity with the State Standard Requirements.
5.2 When transporting import cargoes in containers and packages:
5.2.1. When concluding the contracts a cargo owner stipulates a shipper's responsibility for sealing of the containers with the reliable seals-locks.
5.2.2. Containers are accepted by the port from the vessels visually inspected with checking the shippers' seals, acutance of seals' print, proper technical and commercial conditions of the containers according to the regulations in force. The results of acceptance of the containers with import cargoes by the port are recorded in General Statement with indication of the quantity of the containers accepted and numbers of statement notices.
5.2.3. If at the moment of acceptance of containers by the port some external technical damages without an access to the contents, as well as some signs and numbers of seals not accorded to those shown in shipment documents or discrepancies of signs and numbers are found out, a delivering party (carrier or his agent) must affix his own seal after eliminating a technical defect by own means or the port's means for a carrier's account. These containers are accepted without opening and checking the contents with issuing a statement-notice where the condition and seals' prints (against B/L) and agent's ones should be indicated.
5.2.4. In all cases of possible access to the cargoes or impossibility to further transportation of the cargoes, the port checks the containers with the participation of a carrier or his agent. The results of checking are recorded in a statement-notice. Besides, the number and prints of the removed and newly affixed seals are also shown in this statement-notice. After checking, the container is sealed with a carrier's or his agent's seal.
5.2.5. In case of arrival of the container without documents or with cargo forbidateden to be imported to Ukraine, the cargo shall not be discharged without the custom's permission.
5.2.6. Opening of the containers and packages inside of them are performed by the port (for a cargo owner's account) at the request of the State control bodies (Customs, Immigration, Quarantine, Veterinary, Grain Inspection, etc.) and for fumigation if required. Delivery of the containers for an inspection of the packages with further stuffing the containers with packages checked is for a cargo owner's account too. This procedure is as follows:
22.214.171.124. Containers with import cargoes are opened in the presence of a repre-sentative of the control body, who required an inspection, a cargo owner (his repre-sentative or forwarder) or an expert assigned by him. The results of opening of the containers with proper seals of a foreign shipper are recorded in the act of inspection and act of expertise, if an expert takes part in this inspection. The acts shall confirm the fact of inspection, good technical and commercial condition of the containers, number and proper condition of the removed seals, numbers and signs on the seals, numbers of the packages inspected and the facts of withdrawal the goods , if any. After inspection and further loading of the packages inspected, a container is sealed with a cargo owner's seal. The prints and number of seals affixed are also indicated in the acts. The acts are signed by the representatives of the Inspection body fulfilled this job, cargo owner (his representative or forwarder) and port's representative as well. The seals of a foreign shipper shall be handed over to a cargo owner) his representative or forwarder) together with the act of inspection. The act of the container opened for inspection or fumigation shall only certify that the cargo in the container was only inspected or caused to fumigation but not certify the quantity, weight or condition of the cargo in the container.
126.96.36.199. At the Inspection organization's request to re-stuff the cargo in the container, these operations shall be carried out by the port for a cargo owner's account. This act shall be issued in the same way and show the real availability and condition of the cargo against the documents. The removed foreign shipper's seals shall be handed over to a cargo owner (his representative or forwarder).
5.2.7. In some necessary cases, at the request and for the account of a cargo owner, the port shall stuff import cargoes in the containers for their further delivery to a receiver. In this case, the containers are sealed with a cargo owner's (his representative's or forwarder's) seals. This is to be effected with participation of a cargo owner's or forwarder's representative.
5.2.8. In exceptional cases , at a cargo owner's request (his representative or forwarder) the breakup of the containers with import cargoes arrived with proper shipper's seals can be carried out. An order for the breakup is to be enclosed to a delivery order. In this case, the port shall remove the foreign shipper's seals with participation of an expert invited by a cargo owner (his representative or forwarder) for the account of the latter. The results of checking the import cargo in the container after its breakup shall be recorded in the act of expertise.
5.2.9. The port shall provide shipment of the import cargoes in packages indicating in the shipment or out-turn documents the number of packages in good condition and weight declared by a cargo owner (his representative or forwarder). The weight of the packages shall be indicated as “ declared by a cargo owner “. In case of impossibility to load the waggons or containers with import cargoes due to their dimensions, the breakup of the packages shall be carried out by the port at a cargo owner's (his representative's or forwarder's) request with the participation of an expert with further issuing the act of expertise. The rest of the packages are delivered separately. The shipment of the pack-ages damaged or unfit for transportation by common transport means shall be settled by a cargo owner (his representative or forwarder). The port shall not bear any responsibility for the condition of the cargo in packages.
5.2.10. When transporting the cargoes in containers, a carrier (his agent) must indicate the owner of a container in the shipment documents.