MUNICIPAL PORT POLICE REGULATIONS - Port of … port... · MPPR – Antwerp Port AuthorityPage 1 MUNICIPAL PORT POLICE REGULATIONS Municipal council decision of 19 December 2016 •

MPPR – Antwerp Port AuthorityPage 1

MUNICIPAL PORT POLICE REGULATIONS Municipal council decision of 19 December 2016

• New municipal port police regulations • Promulgated on 21 December 2016 • In force since 01 January 2017

MUNICIPAL PORT POLICE REGULATIONS Municipal council decision of 15 December 2014

• New municipal port police regulations • Promulgated on 18 December 2014 • In force since 23 December 2014

Municipal council decision of 24 February 2014 • New municipal port police regulations • Promulgated on 04 March 2014 • In force since 09 March 2014

Municipal council decision of 13 September 2004 • Amendment to municipal port police regulations • Promulgated on 30 December 2004 • In force since 04 January 2005

Municipal council decision of 25 February 2002 • Amendment to municipal port police regulations • Promulgated on 02 May 2002 • In force since 07 May 2002

Municipal council decision of 21 February 2000 • New municipal port police regulations • Promulgated on 13 March 2000 • In force since 18 March 2000


1 GENERAL PROVISIONS ........................................................................................................10

1.1 Definitions ........................................................................................................................10 ARTICLE 1.1.1. DEFINITIONS ............................................................................................................10 1.2 Scope + PI (*) ....................................................................................................................15 ARTICLE 1.2. 1. REGULATIONS ........................................................................................................15 1.3 Competences of the harbourmaster ...............................................................................16 ARTICLE 1.3. 1. ORDERS ................................................................................................................16 ARTICLE 1.3. 2. PERMITS ...............................................................................................................16

2 PROVISIONS RELATING TO ORDER, SECURITY AND ENVIRONMENTAL PROTECTION ...17

2.1 General provisions ...........................................................................................................17 ARTICLE 2.1. 1. MANDATORY CERTIFICATES + PI ...............................................................................17 ARTICLE 2.1. 2. DUTY OF NOTIFICATION FOR MASTERS ........................................................................17 ARTICLE 2.1. 3. DUTY OF NOTIFICATION FOR PORT USERS ....................................................................18 ARTICLE 2.1. 4. SHIPPING SAFETY ....................................................................................................18 ARTICLE 2.1. 5. MASTER UNDER THE INFLUENCE OF ALCOHOL ..............................................................18 ARTICLE 2.1. 6. VIEW FROM THE COMMAND BRIDGE ...........................................................................18 ARTICLE 2.1.6.1. INLAND NAVIGATION ..............................................................................................18 ARTICLE 2.1.6.2. SEAGOING VESSELS .................................................................................................19 ARTICLE 2.1.6.3. SEAGOING VESSELS AND BARGES ...............................................................................19 ARTICLE 2.1. 7. SAFE SPEED ...........................................................................................................19 ARTICLE 2.1. 8. TRANSVERSE THRUST ..............................................................................................19 ARTICLE 2.1. 9. ANCHORS ..............................................................................................................19 ARTICLE 2.1. 10. PROPULSION ........................................................................................................19 ARTICLE 2.1. 11. MOORING ALONGSIDE OTHER VESSELS ......................................................................20 ARTICLE 2.1. 12. CARGO OR OBJECTS HANGING OVER BOARD ................................................................20 ARTICLE 2.1. 13. DECK CARGOES .....................................................................................................20 ARTICLE 2.1. 14. RELATIVE SHIP MOVEMENTS ...................................................................................20 ARTICLE 2.1. 15. HEAVING LINES .....................................................................................................20 ARTICLE 2.1. 16. SUNKEN AND/OR OBSTRUCTING VESSELS OR OBJECTS ..................................................20 ARTICLE 2.1. 17. PORT AUTHORITY EQUIPMENT ................................................................................21 ARTICLE 2.1. 18. RESCUE EQUIPMENT ..............................................................................................21 ARTICLE 2.1. 19. OPEN FIRE ...........................................................................................................21 ARTICLE 2.1. 20. FIREWORKS .........................................................................................................21 ARTICLE 2.1. 21. OVERFLOW OR DISCHARGE + PI ...............................................................................21 ARTICLE 2.1. 22. DANGEROUS ANIMALS ............................................................................................22 ARTICLE 2.1. 23. ESCAPING GASES AND VAPOURS ...............................................................................22 ARTICLE 2.1. 24. LAY-UP OF VESSELS + PI.........................................................................................22 ARTICLE 2.1. 25. REMOTELY PILOTED AIRCRAFT SYSTEM (RPAS) + PI ..................................................22 ARTICLE 2.1. 26. FIRE FIGHTING EQUIPMENT.....................................................................................22


2.2 Access to the port and presence of persons and companies in the port area ..............23 ARTICLE 2.2. 1. ACCESS TO THE WORK AREA OF THE LOCKS + PI ...........................................................23 ARTICLE 2.2. 2. ACCESS TO VESSELS AND QUAYS .................................................................................23 ARTICLE 2.2. 3. ACCESS FOR EMERGENCY SERVICES TO COMPANIES IN THE PORT + PI ...............................23 ARTICLE 2.2. 4. ACCESS TO COMPANIES ............................................................................................24 Article 2.2.4.1 ISPS PORT FACILITIES + PI......................................................................................24 Article 2.2.4.2 ACCESS MEASURES + PI ..........................................................................................24 Article 2.2.4.3 UNLAWFUL ACCESS ................................................................................................24 Article 2.2.4.4 UNAUTHORISED ACCESS VIA SHIP .............................................................................24 Article 2.2.4.5 REPORTING OF BREACHES OF ACCESS AND ISPS MEASURES ...........................................24 ARTICLE 2.2. 5. WASTE DUMPING ....................................................................................................24 ARTICLE 2.2. 6. POLLUTION OF QUAYS - GROUNDS AND BUILDINGS ........................................................24 ARTICLE 2.2. 7. SNOWFALL OR ICING ................................................................................................24 ARTICLE 2.2. 8. MAINTENANCE OF ADJACANT STRIPS/ROADS ...............................................................25 2.3 Various activities..............................................................................................................26 ARTICLE 2.3. 1. FLOATING ACTIVITIES + PI .......................................................................................26 ARTICLE 2.3. 2. BOAT TRIPS + PI .....................................................................................................26 ARTICLE 2.3. 3. SMALL VESSELS ......................................................................................................26 ARTICLE 2.3. 4. WATER SPORTS + PI ................................................................................................26 ARTICLE 2.3. 5. AMBULANT TRADE ..................................................................................................26

3 PROVISIONS RELATED TO SHIPPING .................................................................................27

3.1 General provisions ...........................................................................................................27 ARTICLE 3.1. 1. NOTIFICATION OF SEAGOING VESSELS + PI ..................................................................27 ARTICLE 3.1. 2. NOTIFICATION OF BARGES + PI .................................................................................27 ARTICLE 3.1. 3. AUTHORITY OF THE HMO/STM................................................................................27 ARTICLE 3.1. 4. MANDATORY VHF + PI ............................................................................................27 ARTICLE 3.1. 5. DETECTION SYSTEMS + PI ........................................................................................28 ARTICLE 3.1. 6. SIGNALS AT LOCKS + PI ............................................................................................28 ARTICLE 3.1. 7. PRIORITY RULES .....................................................................................................28 ARTICLE 3.1. 8. PRECAUTIONARY AREAS + PI ....................................................................................29 3.2 Berths................................................................................................................................30 ARTICLE 3.2. 1. BERTH ALLOCATION ................................................................................................30 ARTICLE 3.2. 2. BERTHING IN THE VICINITY OF LOCKS AND BRIDGES + PI................................................30 ARTICLE 3.2. 3. PROPER BERTHING + PI ...........................................................................................30 ARTICLE 3.2. 4. USE OF SPUD POLES ................................................................................................30 ARTICLE 3.2. 5. BERTHING GUIDELINES ............................................................................................30 ARTICLE 3.2. 6. MAXIMUM MOORING WIDTH + PI ...............................................................................30 ARTICLE 3.2. 7. SAFE BERTHING + PI ...............................................................................................30 ARTICLE 3.2. 8. MANNED AT BERTH .................................................................................................31 ARTICLE 3.2. 9. RELEASING MOORING DEVICES ..................................................................................31 ARTICLE 3.2. 10. SAFE BOARDING ....................................................................................................31 ARTICLE 3.2. 11. CREW AND PASSENGER LIST + PI .............................................................................31 ARTICLE 3.2. 12. VESSEL LIGHTING ..................................................................................................31


ARTICLE 3.2. 13. SERVICES .............................................................................................................31 3.3 Locks + PI ..........................................................................................................................32 ARTICLE 3.3. 1. USE OF LOCKS + PI ..................................................................................................32 ARTICLE 3.3. 2. PRIORITY AT LOCKS .................................................................................................32 Article 3.3. 3. SLOTS ...................................................................................................................32 3.4 Bridge channels................................................................................................................33 ARTICLE 3.4. 1. BRIDGE SIGNALS WITH EXCEPTION OF THE PETROLEUM CHANNEL + PI............................33 ARTICLE 3.4. 2. PETROLEUM CHANNEL SIGNALS.................................................................................33 ARTICLE 3.4. 3. SIGNALS LILLO BRIDGE, NOORDKASTEEL BRIDGES + PI..................................................33 ARTICLE 3.4. 4. PASSAGE RESTRICTION + PI......................................................................................34 ARTICLE 3.4. 5. CARGO PROJECTING OVER THE HULL ...........................................................................34 3.5 Mandatory use of AIS .......................................................................................................35 ARTICLE 3.5. 1. OPERATIONAL AIS ..................................................................................................35 3.6 Mandatory use of BTS ......................................................................................................36 ARTICLE 3.6. 1. BTS + PI...............................................................................................................36 3.7 Requirements for bunkering...........................................................................................37 ARTICLE 3.7.1. REQUIREMENTS FOR BUNKERING CONVENTIONAL FUEL ...................................................37 ARTICLE 3.7.1.1. REQUIREMENTS FOR BUNKERING BY SHIP ...................................................................37 ARTICLE 3.7.1.2.OBLIGATIONS FOR BUNKERING BY TRUCK ....................................................................37 ARTICLE 3.7.1.3. REQUIREMENTS FOR THE CALIBRATION OF MEASURING EQUIPMENT ONBOARD TANKERS ....38 ARTICLE 3.7.1.4. FUEL INSPECTION ...................................................................................................39 ARTICLE 3.7.1.5. MOBILE BUNKERING + PI.........................................................................................39 ARTICLE 3.7.1.6. DE-BUNKERING......................................................................................................39 ARTICLE 3.7.2. REQUIREMENTS FOR BUNKERING LNG + PI ...................................................................39 ARTICLE 3.7.2.1. GENERAL REQUIREMENTS ........................................................................................39 ARTICLE 3.7.2.2. LNG DEBUNKERING.................................................................................................40 3.8 Conditions for diving operations, repairs, blasting and painting work .......................41 ARTICLE 3.8.1. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF FLOATING STRUCTURES + PI ........41 ARTICLE 3.8.2. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF PORT INFRASTRUCTURE + PI ........41 ARTICLE 3.8.3.REPAIRS ON SHIPS AND ABOVE-WATER FLOATING STRUCTURES + PI ...................................41 ARTICLE 3.8.4. REPAIRS ON ABOVE-WATER PORT INFRASTRUCTURE + PI.................................................41 ARTICLE 3.8.5. BLASTING WORK ON STEEL STRUCTURES ON THE QUAY + PI .............................................41 ARTICLE 3.8.6. IMMOBILISATION OF VESSELS ......................................................................................41 ARTICLE 3.8.7. GAS-FREE CERTIFICATE ..............................................................................................41 3.9 Shore power supply .........................................................................................................42 ARTICLE 3.9.1 SHORE POWER + PI ....................................................................................................42 3.10 Waste collection .............................................................................................................43 ARTICLE 3.10.1.WASTE FROM BARGES + PI ........................................................................................43 ARTICLE 3.10.2.WASTE FROM SEAGOING SHIPS + PI.............................................................................43 3.11 Discharge of ballast water + PI ......................................................................................44 ARTICLE 3.11.1 BALLAST WATER OF SEAGOING SHIPS...........................................................................44 3.12 Conditions for fumigation of ships ................................................................................45 ARTICLE 3.12. 1. VERMIN CONTROL AND DISINFECTION OPERATIONS ON BOARD + PI ...............................45 ARTICLE 3.12. 2. SHIPS WITH FUMIGATED BULK CARGO .......................................................................45 3.13 Conditions for tankers and tank barges .......................................................................46


ARTICLE 3.13. 1. TANKERS + PI ......................................................................................................46 ARTICLE 3.13. 2. TANK BARGES + PI................................................................................................46 ARTICLE 3.13. 3. FLOATING EQUIPMENT ...........................................................................................46 ARTICLE 3.13. 4. ACCESS TO MARSHALL DOCK + PI ............................................................................46 ARTICLE 3.13. 5. PERSONNEL ON BOARD...........................................................................................46 ARTICLE 3.13. 6. CARGO OF DIFFERENT CLASSES ................................................................................46 ARTICLE 3.13. 7. FLAME ARRESTORS ................................................................................................46 ARTICLE 3.13. 8. DEGASSING ..........................................................................................................46 ARTICLE 3.13. 9. ACTIVITIES ON BOARD OF TANKERS + PI....................................................................46 ARTICLE 3.13. 10. CONNECTION OF PIPELINES ...................................................................................47 ARTICLE 3.13. 11. DIRECT TRANSFER + PI........................................................................................47 ARTICLE 3.13. 12. NATURE AND WEIGHT OF CARGO ............................................................................47

4 PROVISIONS RELATING TO GOODS STORAGE AND HANDLING ....................................48

4.1 GENERAL PROVISIONS + PI.....................................................................................................48 ARTICLE 4.1. 1. ENVIRONMENTAL NUISANCE .....................................................................................48 ARTICLE 4.1. 2. HANDLING AND STORAGE OF SOLIDS OR LIQUIDS IN BULK + PI ........................................48 ARTICLE 4.1. 3. HANDLING OF SOLID BULK GOODS ..............................................................................48 ARTICLE 4.1. 4. DANGEROUS OR TROUBLESOME BULK GOODS ...............................................................48 ARTICLE 4.1. 5. CLASSIFICATION DOCUMENTS....................................................................................48 ARTICLE 4.1. 6. DAMAGED PACKAGING OR CONTAINERS + PI ................................................................49 4.2 GENERAL CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND/OR CONTAMINATING GOODS + PI ..................................................................................................................................50 ARTICLE 4.2. 1. REQUIRED DOCUMENTATION FOR DANGEROUS AND/OR CONTAMINATING GOODS ...............50 ARTICLE 4.2. 2. PACKAGING REQUIREMENTS FOR DANGEROUS AND/OR CONTAMINATING GOODS ................50 ARTICLE 4.2. 3. INTERNAL EMERGENCY RESPONSE PLAN + PI ...............................................................50 ARTICLE 4.2. 4. DECLARATION OF DANGEROUS AND/OR CONTAMINATING GOODS + PI..............................50 ARTICLE 4.2.4.1 TRAINING REQUIREMENT + PI ...................................................................................50 ARTICLE 4.2.4.2 TASKS OF SHIPPING AGENT .......................................................................................50 ARTICLE 4.2. 5. PACKAGED DANGEROUS GOODS + PI ...........................................................................51 ARTICLE 4.2. 6. MAXIMUM ALLOWED QUANTITIES ..............................................................................51 ARTICLE 4.2. 7. DEVIATIONS, EXCEPTIONS + PI ..................................................................................52 ARTICLE 4.2. 8. SAFETY MEASURES ..................................................................................................52 ARTICLE 4.2. 9. SEGREGATION REGULATIONS FOR PACKAGED DANGEROUS GOODS + PI .............................52 ARTICLE 4.2. 10. RECOGNISED CONTAINER TERMINALS .......................................................................52 4.3 PARTICULAR CONDITIONS FOR THE HANDLING OF DANGEROUS GOODS AND CONTAMINATED GOODS ON FRONT QUAYS...........................................................................................................................53 ARTICLE 4.3. 1. SHORT-TIME STORAGE ON FRONT QUAYS + PI ..............................................................53 ARTICLE 4.3. 2. REPORTING FOR GOODS ON FORE-QUAYS + PI ..............................................................53 4.4 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND CONTAMINATING GOODS AT TRANSIT STORAGE FACILITIES IN BACK AREAS ....................................................................54 ARTICLE 4.4. 1. CFS ACCREDITATION...............................................................................................54 ARTICLE 4.4. 2. REPORTING FOR CONTAINER FREIGHT STATIONS + PI....................................................54 ARTICLE 4.4. 3. TRANSIT STORAGE LOCATIONS IN BACK AREAS OTHER THAN CFS ....................................54


ARTICLE 4.4. 4. CONDITIONS FOR TRANSIT STORAGE FACILITIES IN BACK AREAS OTHER THAN CFS + PI.......54 ARTICLE 4.4. 5. REPORTING FOR BACK AREAS OTHER THAN CFS + PI.....................................................54 4.5 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF TECHNICALLY PURE AMMONIUM NITRATE AND EQUIVALENT MIXTURES..............................................................................................55 ARTICLE 4.5. 1. TYPES OF AMMONIUM NITRATE + PI...........................................................................55 ARTICLE 4.5. 2. MAXIMUM ALLOWED QUANTITIES ..............................................................................55 ARTICLE 4.5. 3. DIRECT HANDLING ..................................................................................................56 ARTICLE 4.5. 4. NO COMBINED LOADING ...........................................................................................56 ARTICLE 4.5. 5. ADDITIONAL SEGREGATION PROVISIONS FOR CONTAINERS .............................................56 ARTICLE 4.5. 6. MANDATORY FIRE WATCH SERVICE + PI......................................................................56 ARTICLE 4.5. 7. DUTY TO NOTIFY THE CENTRAL EXPLOSIVES DEPARTMENT .............................................56 ARTICLE 4.5. 8. STORAGE OF AMMONIUM NITRATE FERTILISERS AND EQUIVALENT MIXTURES ....................56 ARTICLE 4.5. 9. AMMONIUM NITRATES BENEFITING FROM EXEMPTION...................................................56 4.6 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF HIGHLY TOXIC GASES .........................57 ARTICLE 4.6. 1. HIGHLY TOXIC GASES + PI.........................................................................................57 ARTICLE 4.6. 2. MAXIMUM ALLOWED QUANTITIES ..............................................................................57 ARTICLE 4.6. 3. DIRECT HANDLING ..................................................................................................57 ARTICLE 4.6. 4. BERTH RESTRICTION ...............................................................................................57 ARTICLE 4.6. 5. LOADING OR UNLOADING OF MORE THAN 100 KG NET + PI ............................................57 ARTICLE 4.6. 6. NO PUMPING OVER OF HIGHLY TOXIC GASES .................................................................57 ARTICLE 4.6. 7. STORAGE OF HIGHLY TOXIC GASES ..............................................................................57 4.7 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF RADIOACTIVE SUBSTANCES ................58 ARTICLE 4.7. 1. TRANSPORT AUTHORISATION ....................................................................................58 ARTICLE 4.7. 2. DIRECT HANDLING ..................................................................................................58 ARTICLE 4.7. 3. STORAGE OF RADIOACTIVE SUBSTANCES .....................................................................58 4.8 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF EXPLOSIVES ...............................59 ARTICLE 4.8. 1. MAXIMUM ALLOWED QUANTITIES OF EXPLOSIVES + PI ..................................................59 ARTICLE 4.8. 2. DUTY TO NOTIFY THE EXPLOSIVES DEPARTMENT..........................................................59 ARTICLE 4.8. 3. TRANSPORT AUTHORISATION ...................................................................................59 ARTICLE 4.8. 4. DIRECT HANDLING ..................................................................................................59 4.9 SPECIAL CONDITIONS FOR THE HANDLING OF SECOND HAND VEHICLES .........................................60 ARTICLE 4.9. 1. PERMISSION FOR PLACING VEHICLES ON THE QUAY .......................................................60 ARTICLE 4.9. 2. LAY-OUT CONDITIONS FOR NEW TERMINALS FOR SECOND HAND VEHICLES ........................60 ARTICLE 4.9. 3. ORGANISATIONAL MEASURES AGAINST SURFACE WATER CONTAMINATION ........................60 ARTICLE 4.9. 4. CHECKING OF CONDITIONS FOR SECOND HAND VEHICLES + PI .........................................61 ARTICLE 4.9. 5. INFORMATION SECOND HAND VEHICLES ON QUAY .........................................................61 ARTICLE 4.9. 6. DUTY OF TERMINAL OPERATOR .................................................................................62 ARTICLE 4.9. 7. REJECTED SECOND HAND VEHICLES + PI .....................................................................62 ARTICLE 4.9. 8. CONTAMINATION BY SECOND HAND VEHICLES ..............................................................62 ARTICLE 4.9. 9. ADDITIONAL CARGO + PI ..........................................................................................62 ARTICLE 4.9. 10. MOBILISATION OF VEHICLE .....................................................................................63 ARTICLE 4.9. 11. WEIGH BILL FOR + 3.5 TONNES................................................................................63 ARTICLE 4.9. 12. ACCESS FOR EMERGENCY SERVICES...........................................................................63 4.10 SPECIAL CONDITIONS FOR THE FUMIGATION OF GOODS ............................................................64 ARTICLE 4.10. 1. FUMIGATION AREA ................................................................................................64


ARTICLE 4.10. 2. RECOGNITION + PI ................................................................................................64 ARTICLE 4.10. 3. OPERATING CONDITIONS ........................................................................................64 ARTICLE 4.10. 4. FUMIGATION PROCEDURE + PI ................................................................................64

5 PUBLIC PORT SERVICES ....................................................................................................65

5.1 PILOTAGE ............................................................................................................................65 5.1.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE PILOTAGE SERVICE ...65 ARTICLE 5.1.1.1. PUBLIC PORT SERVICE .............................................................................................65 ARTICLE 5.1.1.2. COMPETENT AUTHORITY .........................................................................................65 ARTICLE 5.1.1.3. ESTABLISHING THE FRAMEWORK ..............................................................................65 ARTICLE 5.1.1.4. GENERAL AND SPECIAL CONDITIONS ..........................................................................65 ARTICLE 5.1.1.5. AUTHORISATIONS...................................................................................................66 ARTICLE 5.1.1.6. OPERATIONAL PLANNING.........................................................................................66 ARTICLE 5.1.1.7. COORDINATION ROLE OF THE HMO/STM ..................................................................67 5.1.2. SPECIAL PROVISIONS FOR SERVICE PROVIDERS ........................................................................67 ARTICLE 5.1.2.1. EXCLUSIVE SERVICE PROVIDER .................................................................................67 ARTICLE 5.1.2.2. PROHIBITION.........................................................................................................67 5.1.3. GENERAL PROVISIONS FOR PORT USERS ..................................................................................68 ARTICLE 5.1.3.1. REQUIREMENT TO USE PILOTAGE SERVICES .................................................................68 ARTICLE 5.1.3.2. EXEMPTION FROM PILOTAGE REQUIREMENT + PI.........................................................68 ARTICLE 5.1.3.3. EXCEPTIONAL CIRCUMSTANCES.................................................................................68 5.2 Mooring and unmooring ..................................................................................................69 5.2.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE ..................69 ARTICLE 5.2.1.1. PUBLIC PORT SERVICE .............................................................................................69 ARTICLE 5.2.1.2. COMPETENT AUTHORITY .........................................................................................69 ARTICLE 5.2.1.3. ESTABLISHING THE FRAMEWORK ..............................................................................69 ARTICLE 5.2.1.4. GENERAL AND SPECIAL CONDITIONS ..........................................................................69 ARTICLE 5.2.1.5. AUTHORISATIONS...................................................................................................70 ARTICLE 5.2.1.6. OPERATIONAL PLANNING.........................................................................................70 ARTICLE 5.2.1.7. COORDINATION ROLE OF THE HMO/STM ..................................................................71 ARTICLE 5.2.1.8. BERTHS ................................................................................................................71 5.2.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE SERVICE .................................................72 ARTICLE 5.2.2.1. EXCLUSIVE SERVICE PROVIDER..................................................................................72 ARTICLE 5.2.2.2. SEVERAL SERVICE PROVIDERS...................................................................................72 5.2.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS .......................................................................73 ARTICLE 5.2.3.1. ADDITIONAL INSTRUCTIONS .....................................................................................73 5.2.4. GENERAL PROVISIONS FOR PORT USERS ..................................................................................73 ARTICLE 5.2.4.1. AUTHORISED SERVICE PROVIDER...............................................................................73 ARTICLE 5.2.4.2. MOORING OR UNMOORING BY THE VESSEL'S CREW + PI .................................................73 ARTICLE 5.2.4.3. BERTHS ................................................................................................................73 5.3 Towage + PI ......................................................................................................................74 5.3.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE TOWAGE SERVICE .....74 ARTICLE 5.3.1.1. PUBLIC PORT SERVICE .............................................................................................74 ARTICLE 5.3.1.2. COMPETENT AUTHORITY .........................................................................................74


ARTICLE 5.3.1.3.SCOPE OF APPLICATION ............................................................................................74 ARTICLE 5.3.1.4. ESTABLISHING THE FRAMEWORK ..............................................................................74 ARTICLE 5.3.1.5. GENERAL AND PARTICULAR CONDITIONS ....................................................................74 ARTICLE 5.3.1.6. AUTHORISATIONS...................................................................................................75 ARTICLE 5.3.1.7.NAVIGATION AREAS .................................................................................................76 ARTICLE 5.3.1.8. SCOPE OF AUTHORISATIONS .....................................................................................76 ARTICLE 5.3.1.9. OPERATIONAL PLANNING.........................................................................................76 ARTICLE 5.3.1.10. COORDINATION ROLE OF THE HMO/STM ................................................................76 ARTICLE 5.3.1.11. DEROGATIONS .....................................................................................................77 5.3.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE TOWAGE SERVICE ....................................77 ARTICLE 5.3.2.1. EXCLUSIVE SERVICE PROVIDER..................................................................................77 ARTICLE 5.3.2.2. SEVERAL SERVICE PROVIDERS...................................................................................78 5.3.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS .......................................................................78 ARTICLE 5.3.3.1. ADDITIONAL INSTRUCTIONS FOR SERVICE PROVIDERS ...................................................78 5.3.4. GENERAL PROVISIONS FOR PORT USERS ..................................................................................78 ARTICLE 5.3.4.1. UNAUTHORISED SERVICE PROVIDERS .........................................................................78 ARTICLE 5.3.4.2. REQUEST FOR AND USE OF TUGS ................................................................................79 ARTICLE 5.3.4.3. TUG REQUIREMENT ................................................................................................81 ARTICLE 5.3.4.4. RESPONSIBILITIES OF THE MASTER ............................................................................81 ARTICLE 5.3.4.5. ADDITIONAL SERVICES ............................................................................................82 5.3.5. SPECIFIC PROVISIONS FOR PORT USERS + PI............................................................................82 ARTICLE 5.3.5.1. ADDITIONAL INSTRUCTIONS FOR PORT USERS ..............................................................82 ARTICLE 5.3.5.2. PILOT...................................................................................................................82 ARTICLE 5.3.5.3. LILLO BRIDGE........................................................................................................82 ARTICLE 5.3.5.4. ANTWERP GAS TERMINAL........................................................................................82 ARTICLE 5.3.5.5. SOUTHERN INLET BASIN ..........................................................................................83 ARTICLE 5.3.5.6. INLET BASIN 1 .......................................................................................................83 ARTICLE 5.3.5.7. DELWAIDE DOCK ...................................................................................................83 5.3.6. TRANSITIONAL PROVISIONS ..................................................................................................83 ARTICLE 5.3.6.1.TRANSITIONAL PROVISIONS ......................................................................................83 5.4 Oil spill control .................................................................................................................84 5.4.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE ..................84 ARTICLE 5.4.1.1. PUBLIC PORT SERVICE .............................................................................................84 ARTICLE 5.4.1.2. COMPETENT AUTHORITY .........................................................................................84 ARTICLE 5.4.1.3. ESTABLISHING THE FRAMEWORK ..............................................................................84 5.4.2. GENERAL PROVISIONS FOR SERVICE PROVIDERS.......................................................................84 ARTICLE 5.4.2.1. AUTHORISATIONS...................................................................................................84 5.4.3. GENERAL PROVISIONS FOR PORT USERS ..................................................................................85 ARTICLE 5.4.3.1. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS PENDING THE ENTRY INTO FORCE OF THE OIL SPILL CONTINGENCY PLAN .....................................................................85 ARTICLE 5.4.3.2. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS + PI................85 5.4.4. OTHER PROVISIONS FOR PORT USERS (POLLUTERS AND OTHER PORT USERS) .............................85 ARTICLE 5.4.4.1. OTHER PROVISIONS FOR PORT USERS .........................................................................85 5.5.Bunkering ...........................................................................................................................87 ARTICLE 5.5.1. BUNKERING PERMITS + PI ..........................................................................................87


ARTICLE 5.5.2. COMPLIANCE WITH CONDITIONS ..................................................................................87 ARTICLE 5.5.3. SAFETY PROVISIONS ..................................................................................................87 ARTICLE 5.5.4. CONDITIONS FOR BUNKERING OPERATIONS IN DEURGANCK DOCK .....................................88

6 PENAL AND FINAL PROVISIONS .......................................................................................89

ARTICLE 6. 1. IMPLEMENTATION CONDITIONS ...................................................................................89 ARTICLE 6. 2. LAW OF 5 MAY 1936 .................................................................................................89 ARTICLE 6. 3. IMMEDIATE COLLECTION ............................................................................................89 ARTICLE 6. 4. ABOLITION AND TRANSITIONAL PROVISIONS...................................................................89

(*) + PI = article with Port Instruction


1 GENERAL PROVISIONS

1.1 Definitions ARTICLE 1.1.1. DEFINITIONS 1) “ACC”: Antwerp Coordination Centre: coordination centre where all actors involved in shipping

management services are accommodated. It is located at Potpolderweg, Antwerp; 2) “ADN”: European Agreement concerning the international carriage of dangerous goods by

inland waterways, signed in Geneva on 26 May 2000; 3) “ADR”: European Agreement concerning the international carriage of dangerous goods by road,

signed in Geneva on 30 September 1957; 4) "Air draft": vertical distance measured from the waterline to the vessel's highest point; 5) "AIS": Automatic Identification System: tracking system using onboard transponders to transmit

position and navigation information, thereby enabling automated identification; 6) "APCS": Antwerp Port Community System: port-wide partnership between the Port Authority

and Alfaport Antwerpen which offers a network of systems and solutions for electronic communication with the aim of making supply chains using the Port of Antwerp more efficient, transparent and reliable;

7) "APICS": Antwerp Port Information and Control System: system used, among other things, to monitor ship movements from, to and within the port, tug activities, lock scheduling, berth management, freight handling and registration of dangerous goods;

8) "ATA": Actual Time of Arrival. The actual time at which a vessel passes or moors at a location; 9) "ATD": Actual Time of Departure. The actual time at which a vessel departs from a location; 10) "Back area": any area other than the front quay; 11) "Cargo handling": all operations related to the pre-carriage, post-carriage, loading, unloading,

pumping, and transhipment of cargo; 12) “Barge (also called inland waterway vessel or inland vessel)": ship for the commercial transport

of goods and/or persons, intended solely for navigation on inland waterways; 13) "Barge Operators (BO)": all transport enterprises that are active in transport of containers by

barge and that call at the port with barges and/or pusher convoys; 14) "Blocking document": document used to block a container, meaning it cannot be moved until a

gas release certificate is issued by a specially recognised user; 15) "Boatman": person who assists in the berthing and unberthing of vessels and who holds a licence

under the Pilotage Decree for this purpose; 16) "BTS": Barge Traffic System: central booking and monitoring system for container inland

navigation; 17) “BTS charter”: an accompanying set of rules that govern the handling of container barges within

the Port of Antwerp; 18) "Bunkering": supplying a ship with fuel oil, lubricating oil or liquefied natural gas (LNG); 19) "Bunker”: a tanker used to provide other vessels with fuel-, or lubricating oil or natural gas. 20) "Captain": master of a seagoing vessel;


21) "Certified port facility": port facility that complies with the ISPS code and holds a port security certificate issued by the National Authority for Maritime Security after approval by the Ministerial Committee for Intelligence and Security.

22) “City port” (def. stadshaven NL) 23) “Dangerous goods”:

a. goods as defined in the "International Maritime Dangerous Goods Code " (IMDG Code); b. goods as defined in chapter 17 of the "International Code for the Construction and

Equipment of Ships Carrying Dangerous Chemicals in Bulk" (IBC Code) c. goods as defined in chapter 19 of the "International Code for the Construction and

Equipment of Ships Carrying Liquefied Gases in Bulk" (IGC Code) d. goods as defined in group B of the "International Maritime Solid Bulk Cargoes Code"

(IMSBC Code) e. goods as defined in ADN, ADR or RID

24) "De-bunkering": the opposite of bunkering , i.e. unloading of fuel from ships; 25) "Direct transfer": transfer of goods from one means of transport to another; 26) "Environmental permit (environmental permit for the operation of a classified facility or

activity)”: a prior written permit from the competent authority to operate or alter an establishment belonging to the first or second class, or the notification of an establishment classified as third class, in accordance with article 4 of the Flemish decree of 28 June 1985 concerning the environmental permit (or article 6 of the Flemish decree of 25 April 2014 concering the environmental permit);

27) "Emergency towline": Steel cable of sufficient strength and length, one side of which is secured to the ship, the other side being provided with an eye that is secured one metre above the waterline with a breakable line.

28) "ETA": estimated time of arrival; 29) "Explosive": dangerous substance with explosive, deflagrating or pyrotechnic properties, as

defined in the Explosives Act of 28 May 1956 and the Royal Decree of 23 September 1958 containing general regulations concerning the manufacture, storage, possession, sale, transportation and use of explosives;

30) "Fairway": part of the waterways located in the port that can be navigated by vessels; 31) "Front quay": operational area adjacent to a quay wall intended for transhipment, to which the

operator has access for the exclusive purpose of handling transit goods; 32) "Fumigation coordinator or his representative": person designated by the site operator as being

responsible for the coordination of all fumigation operations in the fumigation area and co-responsible for compliance with the applicable regulations;

33) "Fumigation": all activities related to the application of poisonous gas for the purpose of disinfecting goods and spaces, including inspection of the space to be fumigated, injection of the fumigant, monitoring during fumigation, aeration, and release of the fumigated area;

34) "Fumigation area": effective work area for fumigation and venting of containers; 35) "Gas free certificate": document issued by a accredited gas expert in which te latter declares

the vessel or container to be gasfree; 36) "Gas free certificate": document issued by a Recognised gas expert stating that the ship or

container has been tested to be gas free; 37) “Harbourmaster”: individual whose authority is laid down in the law of 5 May 1936 establishing

the status of harbourmasters and in the port decree;


38) "Harbourmaster's Office (hereinafter called the HMO)": department, composed of the harbour master and his representatives, which are responsible for taking all measures to safeguard public order, peace, environmental integrity and security of the port activities, including: • Regulation of handling, loading and unloading and storage of goods and embarkation and disembarkation of passengers; • Regulation of access to the port area and traffic handling in the port area; • Safeguarding of the environment, integrity and security of the port area;

39) “Harbour pilot”: holder of a pilot's licence as referred to in the Pilotage Decree; 40) “Harbour pilotage”: navigation of a vessel by a pilot for the purpose of safely passing non-tidal

areas of the port; 41) "International Ship and Port facility Security” (ISPS) code: international code for the security of

ships and port facilities, transposed into European Regulation 725/2004 of 31 March 2004 on enhancing ship and port facility security;

42) “Lay-up of a seagoing vessel”: a seagoing ship is laid up when it is not under repair and not in active use.

43) "Maritime security": combination of preventive measures and human and material resources to enhance the security of ships, port facilities and ports in the face of threats of security incidents and intentional unlawful acts;

44) “Master”: individual who is entrusted with the command of the vessel or who actually commands the vessel;

45) "Maximum allowed fumigation area": demarcated area in open air, other than the public road or a public place, intended solely for fumigation and venting of containers. This area includes the fumigation area and the safety area;

46) "Mooring width": largest distance or largest number of ships measured or counted perpendicular to the quay, between the quay edge and the outermost edge on the side of the fairway used by shipping;

47) "Mooring": berthing a vessel in the port in before of or behind the lock complexes and making it fast to a quay, bollards, a buoy or alongside another vessel;

48) "Notice of fumigation": document announcing a fumigation. This document indicates that the fumigation firm will carry out a fumigation in the fumigation zone;

49) "Obstructing shipping traffic": navigating in such a way as to impede the free passage of another vessel or create danger of collision;

50) "Pleasure boat": vessel, other than a seagoing ship or barge, used or designed for boating, with the exception of vessels used or designed for the transportation of more than 12 passengers;

51) "Polluting goods" are: a. grades of oil as defined in Annex I of the Marpol Convention b. harmful liquids as defined in Annex II of the Marpol Convention c. harmful liquids as defined in Annex III of the Marpol Convention d. any other good capable of causing an emission that has or may have direct or indirect

harmful effects on human health or the environment; 52) "Port Authority": The Havenbedrijf Antwerpen nv (Antwerp Port Authority), a limited company

incorporated under public law, with registered office at Zaha Hadidplein 1, 2030 Antwerp, BE248.399.380;

53) "Port of Antwerp”: the area as defined by the Flemish Government, the areas along the River Scheldt, intended for the construction of berthing facilities for seagoing vessels and barges, as


defined in art. 5, 1° of the law of June 19th 1978 concerning the management and exploitation of the area on the left bank abreast of Antwerp and for the management and exploitation of the port of Antwerp;

54) "Port Instruction": instruction with regard to the practical implementation of these regulations; 55) "Port user": any individual in the port area or making use of the port infrastructure; 56) "Precaution area": port navigation areas where vessels are required to navigate with special

caution due to specific traffic situations or heavy traffic 57) "Radioactive substance": dangerous substance classified in IMDG class 7 because of its

hazardous properties; 58) "Recognised container freight station (CFS)": open or covered transit storage facility where

dangerous goods awaiting further conveyance can be stored for stuffing or stripping a container, and recognised by the harbourmaster;

59) "Recognised container terminal": terminal specifically designed for the handling of containerised cargo and recognised by the harbourmaster for the handling of dangerous goods;

60) "Recognised gas expert": person holding at least a master's degree in chemistry, who has successfully passed a test at the Fire Department and the HMO on specific knowledge of degassing covering both technological and safety aspects of shipbuilding, and who is authorised to issue gas free certificates;

61) "Release document": document instructing the release of a container for fumigation purposes; 62) "Responsible person of a vessel": shipping company, shipowner, charterer, master or person

acting as authorised representative of one of the aforementioned parties; 63) "RID": regulations concerning the international carriage of dangerous goods by rail, Annex C to

the Convention concerning international carriage by rail (COTIF), signed in Vilnius on 3 June 1999; 64) “RTA”: Requested Time of Arrival, required by the ACC; 65) "Safety folder": folder containing all relevant information on fumigation operations that can be

performed at a terminal; 66) "Scrubber water": water from a flue gas scrubber system on board of seagoing ships; 67) "SDS": Safety Data Sheet; 68) "Seagoing ship with dangerous cargo in bulk": seagoing ship, built or fitted for the bulk carriage

of dangerous goods, laden in whole or in part with such goods or empty but not yet freed of dangerous residues and degassed;

69) "Seagoing vessel": ship, other than a barge, carrying or capable of carrying goods and/or persons on the high seas for commercial purposes;

70) "Second hand vehicle": any vehicle (as defined in Title I of VLAREM, chapter 1, Art. 1. 43°) i.e. a means of transport with the exception of vessels, which is neither new nor waste;

71) “SEVESO establishment": An establishment where hazardous substances are present, which engages in operations involving these hazardous substances, and thus falls within the scope of the Seveso Directive (Directive 2012/18/EU of 4 July 2012 transposed into Belgian legislation by the Cooperation Agreement of 5 June 2015 – BOG: 20 August 2015);

72) "Shifting of a ship": moving a ship from one berth to another berth in the port; 73) "Shipping traffic management (hereinafter called: the HMO/STM)”: department acting on

behalf of and under the authority of the harbourmaster which is responsible for managing ship and barge traffic to, from and in the port;

74) "Short-term storage on front quays": use of the front quay for the exclusive purpose, and no longer than strictly necessary, for the storage of cargo unloaded or to be loaded via the port;


75) "Skipper": master of a barge or pleasure boat; 76) “Solid bulk cargo”: Any cargo, other than liquid or gaseous, made up of a combination of

particles, granules or larger pieces of material in a uniform composition, that is loaded directly into the holds of a ship without any packaging or covering.

77) "Specially recognised user": individual recognised as such in accordance with the applicable regulations and in possession of a special permit issued by the harbourmaster;

78) "Spud poles": vertical pipe construction with which vessels can anchor themselves in the bottom;

79) "Stern-to mooring": mooring a vessel with its longitudinal axis at right angles to the quay; 80) "Tank barge": a barge built or modified for the transport of dangerous liquids and/or gases in

bulk, identified and included as such in the ADN, and carrying such goods or having one or more cargo tanks on board that are empty but not cleaned;

81) "Tanker": a seagoing vessel designed fort he transport of liquid oil (products), chemicals or gas in bulk;

82) "Tanker berth": berth recognised by HMO for mooring tankers and tank barges; 83) "Terminal Operators (TO)": all terminal operators that handle goods on their respective sites in

the port; 84) "Towing": assisting or pulling a vessel by means of one or more tugboats; 85) "Transit storage facility": facility for the temporary storage of goods, products or substances

prior to or after carriage; 86) “Tug order”: the confirmation of a request for tug assistance, whether changed or not changed

by the (ship)master or his representative; 87) "Unmooring": releasing a vessel from a quay, bollards or another vessel in beforeof or behind

the lock complexes, for the purpose of shifting it within the port or leaving the port; 88) "Vessel": any floating object or floating assembly which is or was used, or which is or was

capable of being used as a means of transport via/over water, including an object without displacement and a seaplane;

89) “Waterproof hard surface”: non-porous hard surface, with no seams or with waterproof finished seams (asphalt, concrete or equivalent).


1.2 Scope + PI (*) (*) PI: Port Instruction Article 1.2. 1. REGULATIONS

1. These regulations apply in the port. 2. In addition, the provisions of the following laws, decrees and regulations apply:

• law of 5 May 1936 establishing the official status of harbourmasters • law of 11 April 1989 containing the approval and implementation of various

international Maritime Acts for shipping (Wrecks Act) • law of 5 February 2007 concerning maritime security (ISPS) • law of 19 June 1978 concerning the management of the Scheldt left bank area at

Antwerp and containing measures for management and operation of the Port of Antwerp

• decree of 19 April 1995 concerning the organisation and operation of the pilotage service of the Flemish Region and concerning the certification of harbour pilot and boatswain (Pilotage Decree)

• decree of 2 March 1999 containing the policy and management of Flemish seaports (Port Decree)

• decree of 17 March 2006 implementing Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers

• Royal Decree of 1 December 1975 containing general regulations on the road traffic police and the use of the public road (Highway Code)

• Royal Decree of 24 September 2006 containing general police regulations for navigation on inland waterways (APSB)

• Royal Decree of 9 March 2007 containing crew requirements on waterways of the Kingdom

• all other applicable laws, decrees, decisions, agreements, rules and regulations and all subsequent supplements or amendments to the aforementioned laws, decrees, decisions, agreements, rules and regulations

3. Unless specified otherwise in these regulations, the provisions of the following decrees also apply in the port:

• Royal Decree of 23 September 1992 containing the police regulations of the Lower Sea Scheldt

• Royal Decree of 23 September 1992 containing navigation regulations for the Lower Sea Scheldt

4. Each port user is required to be familiar with and to adhere to these regulations and the above-mentioned legislation. For the practical implementation conditions of these regulations and the port instructions please refer to art. 6.1.


1.3 Competences of the harbourmaster

Article 1.3. 1. ORDERS 1. Without prejudice to the authority of the other officers or agents of the judicial police, the

HMO is responsible for safeguarding the safety of shipping in the port and maintaining the provisions of these regulations, including:

• Regulation of handling, loading and unloading and storage of goods and embarkation and disembarkation of passengers;

• Regulation of access to the port area and traffic handling in the port area; • Safeguarding of the environment, integrity and security of the port area.

All orders and measures imposed by the HMO in this context, including oral ones, must be strictly implemented and complied with.

2. Without prejudice to the authority of the harbourmaster as officer of the judicial police, auxiliary officer of the Public Prosecutor's Office, and the legislation regarding searches, the HMO is authorised to go on board of vessels and to enter all locations, buildings, warehouses and vehicles located in the port.

3. The harbourmaster may prohibit vessels or other means of transport that are not used for commercial operations or whose intended or actual use compromises or may compromise the orderly, peaceful and safe conduct of the port business, or whose presence otherwise interferes or may interfere with the efficient, smooth or normal operation of the port or certain areas thereof, from staying in the port or certain areas thereof, or from entering or exiting the port or certain areas thereof; the harbourmaster may also impose special restrictions or conditions in this respect.

4. The harbourmaster is authorised to immediately seize any vessel or object obstructing shipping, at the expense, risk and peril of the master, skipper, shipping company or shipowner.

Article 1.3. 2. PERMITS 1. All oral or written permits granted under these regulations are issued by the Port Authority

or the HMO, and can be revoked at any time. 2. Each permit may be subject to certain conditions. 3. The permit application procedure is specified in the relevant port instruction. 4. Anyone acting in breach of or failing to comply with one or more of the applicable conditions,

will be considered as having acted without permission. 5. The holder of a written permit is required to show it to the HMO on request. 6. The Port Authority and/or the HMO cannot be held liable, directly or indirectly, for damage

caused by force majeure in the exercise of their duties.


2 PROVISIONS RELATING TO ORDER, SECURITY AND ENVIRONMENTAL PROTECTION

2.1 General provisions

Article 2.1. 1. MANDATORY CERTIFICATES + PI Any vessel or floating structure in the port or planning to call on the port, must be safe and suitable for the purposes they are being used for. In this connection, HMO may at any time demand the necessary certificates and evidence of adequate insurance and, where appropriate, impose additional conditions or ban the vessel from the port until the required certificates and/or insurance policy are presented to the HMO.

Article 2.1. 2. DUTY OF NOTIFICATION FOR MASTERS 1. Masters:

a. of vessels who had a fire on board during the voyage or during their stay in the port; b. of vessels that sustained damage, which may or may not be visible or apparent, as a

result of collision, stranding or other danger at sea; c. of vessels that caused damage to any part of the port facilities, equipment, vehicles,

and/or other vessels; d. of vessels that have abnormally large angles of heel; e. of vessels that have lost or risk losing cargo, fuel or objects; f. who have detected an obstacle in the water g. of vessels that were contaminated by a pollutant, regardless of nature or origin; h. of vessels in danger of sinking; i. of vessels that sustained hull, propeller or rudder damage in the port,

are required to immediately notify the HMO thereof. Such notification does not relieve the master of the vessel concerned of the obligation to take himself the necessary measures on board to fight the calamity; in case of loss of fuel, however, such measures are limited to those set out in chapter 5.4. The use of detergents or dispersants for cleaning the hull, port infrastructure or surface water is prohibited unless permission has been obtained from the HMO.

2. Without prejudice to the other provisions of this article, masters must, whenever there is a risk of danger for, damage or inconvenience to shipping, warn approaching shipping and take measures to keep the fairway clear.

3. Entering locks, passing bridge channels, berthing or leaving their mooring at quays, buoys, jetties or floats, is prohibited without prior permission of the HMO after any of the incidents referred to in point 1, letters a; b; c; d; e; g; h and i. This prohibition can be lifted by the HMO, without prejudice to the HMO's right to request a declaration by a shipping expert recognised by the Court of Commerce, stating that the vessel in question can enter and leave the docks and berth or leave a berth without any further danger or additional contamination.


The costs for such a declaration shall be borne by the vessel, the master, the owner or the charterer. Permission to sail after inspection may be withheld until the costs have been paid or a payment guarantee has been provided.

4. Work on the ship and all loading/unloading operations may, on instruction of the HMO, be stopped until completion of the cleaning activities.

5. After notification of hull, propeller or rudder damage (point 1, letter i) to the HMO, the HMO shall allocate the vessels involved a mandatory berth in the immediate vicinity of the location where the alleged damage was incurred, which berth they may not leave until the HMO has taken a statement from the master on board.

6. The master shall fully assist the HMO in their investigation into the possible cause and circumstances, on board and in the immediate vicinity of the vessel, of the incidents referred to in 1.

Article 2.1. 3. DUTY OF NOTIFICATION FOR PORT USERS Each port user witnessing or causing an incident that causes or may cause hindrance, damage or danger, must immediately notify the HMO thereof.

Article 2.1. 4. SHIPPING SAFETY No one should compromise shipping safety or unnecessarily delay shipping traffic.

Article 2.1. 5. MASTER UNDER THE INFLUENCE OF ALCOHOL The harbourmaster may impose any measures deemed necessary on vessels whose master is allegedly drunk or in a similar state, caused by the use of intoxicating, stimulating or hallucinogenic substances.

Article 2.1. 6. VIEW FROM THE COMMAND BRIDGE

ARTICLE 2.1.6.1. INLAND NAVIGATION The skipper must load his vessel in such a way that the necessary view for proper and safe control of the vessel is fully guaranteed. By "necessary view" is meant:

• The view from the conning position must be sufficiently unobstructed at all times; • From a vertical point of view, this means that the distance from the bow to the point

where the helmsman has no unobstructed view on the surface of the water should not exceed 350m

• From a horizontal viewpoint, this means that the horizontal field of unobstructed vision at the helmsman's normal position shall be at least 240° of the horizon, with at least 140° within the forward semicircle;

• Optical aids to reduce the area of obstructed vision may not be taken into consideration;

• No window frames, supports or superstructures shall be located in the helmsman's normal axis of vision;


• Where no sufficient unobstructed view to the aft is possible, fixed optical aids may be used.

ARTICLE 2.1.6.2. SEAGOING VESSELS The captain must load his vessel in such a way that the necessary view for proper and safe control of the vessel is fully guaranteed. For a definition of unobstructed view please refer to the International Solas Convention - chapter 5 Regulation 22 - view from the navigation bridge.

ARTICLE 2.1.6.3. SEAGOING VESSELS AND BARGES When shifting within docks on the same shore (without use of a lock), the master must take appropriate measures to ensure safe navigation, if the view from the bridge or from the wheelhouse of a vessel is restricted due to the design of the vessel or the cargo. By “appropriate measures" may be understood: the use of a tugboat, to be connected at the front, or the removal of objects that impede the view.

Article 2.1. 7. SAFE SPEED Masters must maintain a safe speed at all times, taking into account such factors as local circumstances, weather conditions, shipping traffic and their cargo. They are required to regulate the speed of their vessel in such a way that no damage can be caused to other vessels, to their mooring equipment, their cargo or to harbour structures by suction, waves or any other reason. Masters must strictly observe any speed limits that may be imposed by the HMO.

Article 2.1. 8. TRANSVERSE THRUST Masters must mitigate the use of means that cause transverse thrust at places where this may cause danger to quay walls, jetties, mooring buoys, dolphins and floats, and/or other vessels.

Article 2.1. 9. ANCHORS 1. Anchors must be used or secured so that they will not damage other vessels or structures. 2. A dragging anchor may only be used for manoeuvring. 3. It is prohibited to drop anchor in bridge and lock channels, in locks or within 25 metres from

a mooring buoy or in the vicinity of underwater divers and/or cables and/or lines, the location of which is indicated by signs or other means.

4. It is prohibited to signal anchors at the bottom of the dock without permission of the HMO.

Article 2.1. 10. PROPULSION Masters of vessels moored at quays, jetties, mooring buoys, dolphins or floats, or in locks, may only keep their engine(s) running if there is no thrust without any, unless permission has been obtained from the HMO.


Article 2.1. 11. MOORING ALONGSIDE OTHER VESSELS It is prohibited to moor a vessel to another vessel that is not properly moored.

Article 2.1. 12. CARGO OR OBJECTS HANGING OVER BOARD 1. Cargo and/or rigging may not protrude from the side of the vessel withour permission of the

HMO. 2. Lines or other objects, with the exception of fenders and emergency towlines, may not be

hung over board or in the water.

Article 2.1. 13. DECK CARGOES It is prohibited to release deck cargoes in the lock.

Article 2.1. 14. RELATIVE SHIP MOVEMENTS 1. A vessel following another vessel in the same direction and not wishing or being unable to

overtake her, should not approach the first vessel too close as notto hinder her in her movements and/or cause damage to structures and/or other vessels. The following vessel shall keep a sufficient distance between both vessels.

2. Ships should not pass each other if such passing may hinder another vessel and/or cause damage to structures and/or the own vessel.

Article 2.1. 15. HEAVING LINES 1. The use of heaving lines, the end of which is weighted in such a way that throwing these lines

may cause danger and/or damage and/or injury, is prohibited. 2. When approaching the berth, a sufficient number of heaving lines and mooring lines must be

kept ready on the vessels, both at the bow and the stern. 3. When entering the locks, each mooring line must be provided with a heaving line.

Article 2.1. 16. SUNKEN AND/OR OBSTRUCTING VESSELS OR OBJECTS 1. The responsible person of a sunken vessel and the user, owner or responsible person of an

object that obstructs shipping is required to immediately notify HMO thereof, stating the circumstances and an accurate designation of the location of the vessel or object.

2. The persons involved must, both by day and by night, place buoys above the sunken vessel or above the object that obstructs shipping and monitor/guard it, in the manner determined by the HMO.

3. In case of non-compliance with the requirement sub 2, HMO may automatically take appropriate measures to place buoys and to have the sunken or obstructing object monitored at the expense, risk and peril of the defaulting party(ies).

4. The persons sub 1 must ensure that the sunken vessel or the obstructing object is retrieved and, if necessary removed from the port, within the time set by the harbourmaster and,


where applicable, in accordance with the procedure specified or other instructions issued by the harbourmaster.

5. Each port user must immediately notify the HMO of any objects fallen into the dock water, regardless of whether they hinder shipping.

Article 2.1. 17. PORT AUTHORITY EQUIPMENT Equipment of the Port Authority may only be operated by persons appointed by the Port Authority or with permission of HMO.

Article 2.1. 18. RESCUE EQUIPMENT Rescue equipment may only be used for its intended purpose.

Article 2.1. 19. OPEN FIRE The use of open fire and flame, grinding, soldering, burning, welding or any other work involving heat or producing sparks, is prohibited unless prior permission is obtained from the HMO. For the permit application procedure please refer to art. 3.8.

Article 2.1. 20. FIREWORKS It is prohibited to light fireworks in the port without permission of the HMO.

Article 2.1. 21. OVERFLOW OR DISCHARGE + PI

1. Liquids or solids, whether or not mixed together or diluted with water, may not be discharged into the water or onto the quay without prior permission from the HMO. This prohibition shall not apply to: - discharges for which an environmental permit (or environmental permit for the

operation of a classified establishment or activity) has been issued or which were exempted from the environmental permit requirement under the Surface Waters Act of 26 March 1971.

- Discharges of waters from barges resulting from the washing of broom clean and vacuum clean holds or drained cargo tanks. This also includes ballast water and rainwater originating from these holds or cargo tanks. Disposing must be carried out in accordance with the requirements of the discharge standards and the discharge and intake regulations of Appendix III of Annex 2 of the CDNI. It is prohibited to throw objects into the water without prior permission from the HMO.

2. For discharge of ballast water, cf. Article 3.11. 3. For ship waste, cf. Article 3.10. 4. For the provisions governing oil calamities, cf. section 5.4


Article 2.1. 22. DANGEROUS ANIMALS It is prohibited to have animals roaming around freely when any danger or hinder is possible, both ashore or on board.

Article 2.1. 23. ESCAPING GASES AND VAPOURS It is prohibited to allow gases and/or vapours to escape that may cause a hazard or harm to human health or the environment.

Article 2.1. 24. LAY-UP OF VESSELS + PI The lay-up of a seagoing ship in the Port of Antwerp shall be subject to written permission from the Harbourmaster. A laid-up ship can be left unmanned or be (partially) manned. "Warm lay-up": (partial) crew on board with certain machinery running, e.g. generators and the like (usually for a shorter period of time) "Cold lay-up": no crew on board and all machinery shut down (usually for a longer period of time).

Article 2.1. 25. REMOTELY PILOTED AIRCRAFT SYSTEM (RPAS) + PI The provisions of the Royal Decree of 10 April 2016 on the use of remotely piloted aircraft systems in Belgian airspace shall apply in the port area.

Permission of the Harbourmaster shall also be required once the requisite certificates and permits from the Aviation DG have been submitted.

Article 2.1. 26. FIRE FIGHTING EQUIPMENT The concessionaire and/or operator must provide for adequate fire fighting equipment appropriate to the circumstances and the risk.

All fire fighting equipment must be periodically inspected and/or maintained, accessible at all times, and clearly signposted.


2.2 Access to the port and presence of persons and companies in the port area

Article 2.2. 1. ACCESS TO THE WORK AREA OF THE LOCKS + PI The fenced area around the locks is accessible only to authorised persons or with permission of the HMO.

Article 2.2. 2. ACCESS TO VESSELS AND QUAYS 1. Masters must ensure that no unauthorised persons are admitted aboard their vessels. 2. Masters must ensure not to place cables, anchors or other objects on quays, jetties and

banks that may obstruct passage or impede road traffic.

Article 2.2. 3. ACCESS FOR EMERGENCY SERVICES TO COMPANIES IN THE PORT + PI 1. General

For the organisation of smooth access and passage for emergency vehicles to companies located in the port area, the provisions imposed by the territorially competent authorities and (emergency) services shall remain in force.

2. Site layout plan At each entrance to an enclosed area, except for areas under permanent surveillance, a clear site layout plan must be posted, representing the enclosed area and its entrances. The plan must include such useful information as any third-party facilities and quay numbers. It must also clearly indicate how the gate can be opened by the emergency services. The site layout plan may be kept in a secure location behind a barrier, but must be readily accessible for the emergency services.

3. Gates and accessibility of the areas Gates must be capable of being opened immediately at the request of the emergency services. Cordoning off entrances and passageways with containers or other materials is not allowed without prior permission from the Harbourmaster's Office. Permission may be granted in exceptional and temporary circumstances. An enclosed area must be provided with clear and unambiguous signage, so that all facilities, companies, railway tracks, quays, etc. are easily accessible.

4. Changes in access roads and gates The owner and/or concessionaire shall report any structural changes to company entrances or lay-out of the site to the Harbourmaster's Office.


5. Fire-fighting equipment

The couplings where tugs can supply water must be accessible and visible from the water at all times. Other fire-fighting and emergency equipment must be accessible and provided with clear sign boards at all times.

Article 2.2. 4. ACCESS TO COMPANIES The HMO can, at all times gain access to and enter sites, terminals and port facilities. They are required to observe the safety rules imposed by the terminal or facility.

Article 2.2.4.1 ISPS PORT FACILITIES + PI Each port user must comply with the ISPS security requirements and adhere to the security measures applicable to ISPS certified port facilities.

Article 2.2.4.2 ACCESS MEASURES + PI ISPS port facilities must take appropriate measures depending on their activity, to prevent unauthorised persons from gaining access to the facility. Each terminal must clearly indicate the boundaries of its site and inform the users of the applicable access procedure.

Article 2.2.4.3 UNLAWFUL ACCESS It is prohibited to gain unlawful access or to facilitate unlawful access to an ISPS terminal. To gain lawful access to an ISPS facility, the procedures of the terminal must be followed.

Article 2.2.4.4 UNAUTHORISED ACCESS VIA SHIP Masters of vessels berthed at the boundary of an ISPS port facility must see to it that their vessel is not used by unauthorised third parties to gain access to the ISPS port facility.

Article 2.2.4.5 REPORTING OF BREACHES OF ACCESS AND ISPS MEASURES Breaches of applicable security measures taken by ISPS certified port facilities must be reported by the security officer of the port facility to the maritime security officer of the port and the members of the competent local authority (LCMB - Local Committee for Maritime Security Antwerp).

Article 2.2. 5. WASTE DUMPING Waste dumping is prohibited in the port. In case of mandatory disposal by the competent services, the costs shall be borne by the offender.

Article 2.2. 6. POLLUTION OF QUAYS - GROUNDS AND BUILDINGS Each port user polluting quays, grounds or buildings through any activity whatsoever, is required to notify HMO forthwith thereof. They must also take appropriate measures to mitigate and clean up the pollution. In case of mandatory disposal by HMO, the costs shall be borne by the offender.

Article 2.2. 7. SNOWFALL OR ICING After snowfall or icing, concessionaries and/or owners of sites must, at their expense, immediately and with due diligence, take all reasonable steps to ensure access to and safe use of their grounds.


Article 2.2. 8. MAINTENANCE OF ADJACANT STRIPS/ROADS Concessionaries and/or owners of sites are required to keep clean and regularly remove weed from strips located between their quays and/or grounds and the adjacent roads, in accordance with the Flemish regulations governing the use of pesticides.


2.3 Various activities

Article 2.3. 1. FLOATING ACTIVITIES + PI 1. Unless permission has been obtained from the HMO, it is prohibited to sail or lay in the port

with: • floating loading/unloading equipment • a vessel used as workplace • a floating warehouse and/or store

2. Launching and/or sailing with life boats other than those of the emergency services, is prohibited without permission of the HMO.

Article 2.3. 2. BOAT TRIPS + PI The organisation of boat trips is prohibited without permission of the HMO.

Article 2.3. 3. SMALL VESSELS The use of rowing or motor boats is prohibited without permission of the HMO.

Article 2.3. 4. WATER SPORTS + PI 1. Water sport activities are prohibited without permission of the HMO. 2. Sailing is not permitted without permission of the HMO. 3. Fishing is permitted only if one holds a Flemish fishing permit, and in areas designated by the

HMO.

Article 2.3. 5. AMBULANT TRADE It is forbidden to engage in ambulant trade activities.


3 PROVISIONS RELATED TO SHIPPING

3.1 General provisions

Article 3.1. 1. NOTIFICATION OF SEAGOING VESSELS + PI 1. Prior to arrival at, during their stay in, and upon departure from the port, seagoing vessels

must complete a number of administrative formalities such as: • Pre-notification • First berth application • Berth application shift • Shift and departure

These forms must be submitted via the APICS counter or the APCS message distribution centre. The berth application must include the mooring side.

The information provided by the shipping agent must always reflect the actual situation and shall, if necessary, be updated by the shipping agent. He is responsible for the information specified.

2. The shipping agent or master shall, on their own responsibility, reach an agreement on the berth with the terminal operator.

3. HMO/STM may make a mooring side mandatory (even if it does not correspond with the mooring side requested by the shipping agent). It cannot be changed by third parties. The 'board indications' on quays and mooring schedules published by the terminal operator, in relation to the mooring side, are of secondary importance in this case.

Article 3.1. 2. NOTIFICATION OF BARGES + PI Prior to arrival at, during their stay in and upon departure from the port, barges must complete a number of administrative formalities.

Article 3.1. 3. AUTHORITY OF THE HMO/STM HMO and HMO/STM in particular have authority over the shipping traffic inside the port, over shifting of vessels between berths, over the shipping traffic from and to locks, and over the lock movements.

Article 3.1. 4. MANDATORY VHF + PI 1. A vessel must be equipped with a properly working VHF system approved by the authorities,

suitable for ship-to-ship traffic, for the reception of nautical information, and for communication with the services provided for maritime traffic.

2. In a lock, a vessel must maintain a watch on the channel of the lock. 3. In the port, a vessel must maintain a watch on the navigation and safety channel of the port.


For safety reasons, the language to be used is Dutch or English.

Article 3.1. 5. DETECTION SYSTEMS + PI The Port Authority uses cameras, VHF, radar and other detection systems in the exercise of its port administration.

It receives, records, processes and manages this data.

Article 3.1. 6. SIGNALS AT LOCKS + PI Masters of vessels who want to enter one of the locks and/or access channels, are required to comply strictly and expeditiously with the signals shown on the signal masts, relating to the entering and/or the order of entering. After the lock gates are opened, vessels must obey the exit signals, if present. Orders issued by the lock management overrule the lock signals.

Article 3.1. 7. PRIORITY RULES 1. The fairways of the port area are divided into main fairways and secondary fairways. 2. The priority rules for main fairways apply in both directions. For instance, the fairway from

Zandvliet/Berendrecht to B2 is also considered a main fairway from B2 to Zandvliet/Berendrecht.

3. The following shall be considered main fairways in the Right Shore port area: a. The fairway formed from the Zandvliet and Berendrecht locks to Canal Dock B2,

Canal Dock B1, towards Hansa Dock up to the imaginary line between the dock side of the lock north of the Boudewijn lock and the corner of quays 250-252;

b. The fairway formed from the Zandvliet and Berendrecht lock to Canal Dock B3; c. The fairway formed from the Boudewijn and Van Cauwelaert locks to the Hansa

Dock, the 5th Harbour Dock, the America Dock, to the Albert Dock. i.

4. The following are considered main fairways in the Left Shore port area: a. The fairway formed from the Kallo lock through the Waasland canal up to the south-

easterly corner of the channel of the Kieldrecht lock (harbour 1616) b. The fairway formed from the channel of the Kieldrecht lock along the Waasland canal

direction and including the Verrebroek Dock. 5. All fairways leading to the main fairways as well as the Royers lock are considered secondary

fairways. 6. The following priority rules shall apply to shipping traffic in the port's fairways:

Main fairways have priority over secondary fairways. Right Shore:

a. The main fairway under 3 a) has priority over the fairway under 3 b) b. At the passage of the 5th Harbour Dock-Hansa Dock:

Shipping traffic from the Hansa Dock to the 5th Harbour Dock has priority over traffic from the 5th Harbour Dock to the Hansa Dock.


Left Shore: The main fairway under 4 b) has priority over the fairway under 4 a) The priority rules shall apply in both directions (to and from the respective locks).

7. These priority rules do not release any vessel from compliance with other requirements imposed by or under these regulations or other applicable regulations, whether expressly or implied.

Article 3.1. 8. PRECAUTIONARY AREAS + PI A number of precautionary areas have been established in the port. The priority rules referred to in Article 3.1.7 shall continue to apply in these precautionary areas. Vessels located in the precautionary areas and not destined for a lock there (passing vessels) shall not hinder the manoeuvring of seagoing ships located in the precautionary area which are proceeding to the lock. Special attention is required when these seagoing ships are assisted by tugs. The manoeuvrability of the tugs shall not be restricted.


3.2 Berths

Article 3.2. 1. BERTH ALLOCATION 1. The HMO/STM allocates berths to vessels. 2. Berth allocation does not relieve the master of the obligation to check that the allocated

berth is suitable for his vessel and safe. 3. If the master considers the berth to be unsuitable or unsafe, he must immediately notify the

HMO/STM.

Article 3.2. 2. BERTHING IN THE VICINITY OF LOCKS AND BRIDGES + PI Vessels may not be berthed at one of the lock heads or in the access channel of locks or bridges without permission of HMO.

Article 3.2. 3. PROPER BERTHING + PI 1. Masters are required to ensure that their vessel is berthed properly, taking into account the

tide, the loading condition, the weather conditions and, where appropriate, passing ships. 2. Masters must take all possible measures, including using their own fenders or other devices,

to prevent damage to the port infrastructure. 3. Berthing must be carried out without impeding traffic or the use of the port facilities.

Article 3.2. 4. USE OF SPUD POLES The use of spud poles is prohibited without prior permission of the HMO.

Article 3.2. 5. BERTHING GUIDELINES 1. Masters may not berth their vessels at structures other than the berthing facilities provided

for this purpose. 2. Berthing facilities may only be used for berthing vessels. 3. Without prior permission of the HMO, vessels shall not be berthed in a way they cause

hindrance to passing traffic.

Article 3.2. 6. MAXIMUM MOORING WIDTH + PI 1. Masters must strictly follow the HMO guidelines related to mooring width and maximum

number of vessels lying alongside each other. 2. Stern-to quay mooring is not allowed without permission of the HMO.

Article 3.2. 7. SAFE BERTHING + PI 1. The terminal operator shall not give permission to berth if there are specific indications that

berthing could compromise the safety of his installations. He must immediately notify the


HMO/STM thereof so that the necessary observations can be carried out and appropriate action be taken if necessary.

2. Berthing a seagoing ship at a quay is permitted only if the berth is completely free of shipping traffic over a safe length and if the gantry cranes are topped at a safe location.

Article 3.2. 8. MANNED AT BERTH 1. Masters are always required to have sufficient crew on board to be able to shift their vessel

immediately. 2. This requirement does not apply to vessels that have obtained permission from the HMO to

stay alongside a berth without crew.

Article 3.2. 9. RELEASING MOORING DEVICES It is prohibited, without permission of the master, to release, move or shift any vessel or to cut or release the vessel’s mooring lines unless ordered to by the HMO.

Article 3.2. 10. SAFE BOARDING 1. Masters of vessels moored to the quay or alongside each other are required, for the sake of

their crew and passengers and persons called on board in the line of their duties, to establish a connection with the shore or between the vessels. Safe boarding and unboarding must be possible via this connection. In achieving the connection, they shall act in accordance with the applicable regulations.

2. If the vessel is moored to several buoys or dolphins, the stairs or ladder used for boarding and unboarding must ensure total safety.

Article 3.2. 11. CREW AND PASSENGER LIST + PI Each vessel staying in the port must keep a crew and passenger list, to be displayed at the gangway. This list must upon request be presented to all authorities responsible for safety in the port.

Article 3.2. 12. VESSEL LIGHTING 1. The master of a berthed vessel, or of the outermost vessel of a row of vessels, is required to

ensure that the ship's side to the fairway is sufficiently lit from sunset to sunrise or when visibility is less than 500 m, so that the vessel can clearly be seen from the fairway.

2. The master of a vessel whose superstructure or deck cargo protrudes beyond the ship's side, is required to illuminate the outer side with a white light from sunset to sunrise or when visibility is poor.

Article 3.2. 13. SERVICES For provisions related to the organisation of the mooring and unmooring service reference is made to chapter 5 section 2. ("Mooring and unmooring").


3.3 Locks + PI

Article 3.3. 1. USE OF LOCKS + PI 1. When necessary, a vessel should use a lock designated by the HMO at a certain time and in a

certain sequence. 2. Use of a lock is only permitted if all the required information is provided to the HMO/STM.

This information must be correct and is binding. 3. Before entering the allocated lock, both from the Scheldt and from the docks, vessels receive

a sequence number indicating the corresponding signal on the corresponding signal mast.

Article 3.3. 2. PRIORITY AT LOCKS Incoming and outgoing seagoing ships may be given priority for passing through the locks, provided they meet the conditions and guidelines determined by the HMO/STM.

Article 3.3. 3. SLOTS Arriving and departing seagoing ships for a berth on the Left bank behind the lock/locks that regularly call at the port on a weekly basis, can be allocated a slot for lock passage on a fixed day and time, if they comply with the conditions and guidelines of HMO/Shipping Management.


3.4 Bridge channels

Article 3.4. 1. BRIDGE SIGNALS WITH EXCEPTION OF THE PETROLEUM CHANNEL + PI 1. When a red light or no light is shown on a bridge sign board , by day or by night, the master

shall be required to keep a safe distance from the bridge. He must keep the fairway leading to the bridge clear.

2. Free passage at a bridge channel shall be granted, by day and by night, when a green light is shown on the bridge sign board . During the passage the master must keep as far to starboard as possible.

3. A green light means only that the master may proceed, not that the fairway beyond the bridge channel is clear. The master must keep a good lookout himself to ensure there is no risk of collision.

Article 3.4. 2. PETROLEUM CHANNEL SIGNALS 1. If the attention signal (two orange all-round visible flashing lights among others on the

northern side of the access channel) is activated, barges may not leave the quay. Sailing barges must leave the fairway, if in the Petroleum bridge channel, they must leave the latter as soon as possible. The attention signal is deactivated once the seagoing vessel has passed.

2. When the attention signal is not lit, passage through the Petroleum bridge channel is, as far as the barge is due to or coming from a berth in the Marshall dock, in principle free. Good seamanship is essential nonetheless.

Article 3.4. 3. SIGNALS LILLO BRIDGE, NOORDKASTEEL BRIDGES + PI 1. When a red light is shown on the signal board of the Lillo bridge or of the Noordkasteel

bridges, by day or by night, and simultaneously two horizontally arranged yellow lights are shown above the passage opening at the lowered mobile bridge section, passing under the bridge is allowed. Oncoming traffic is prohibited.

2. When a red light is shown on the sign board of the Lillo bridge or of the Noordkasteel bridges, by day or by night, and simultaneously a yellow light is shown above the passage opening at the lowered mobile bridge section, passing under the bridge is allowed. Oncoming traffic is possible; during the passage the master/captain must therefore keep as far to starboard as possible. The height restrictions of the side channels continue to apply.

3. When a green light is shown on the signal board of the Lillo bridge or of the Noordkasteel bridges, by day or by night, barges are allowed free passage on both sides of the bridge. During the passage skippers must keep as far to starboard as possible, because this green light can be shown on both sides of the bridge.

4. When the "make ready signal", i.e. a red light with yellow light underneath it, is shown on the signal board of these bridges, by day or by night, seagoing vessels will be allowed free


passage. Barges shall then keep a sufficient distance from the bridge channel and fairway in order to allow sea-going vessels to safely proceed to the bridge channel.

5. When a green light with a yellow light above it, is shown on the signal board of these bridges, by day or by night, only seagoing vessels are allowed free passage. Passage is prohibited to barges.

Article 3.4. 4. PASSAGE RESTRICTION + PI For the passage of the bridges, of the access channel to the Marshall Dock and of the passage channel to the 5th Harbour Dock, dimensional restrictions apply to seagoing vessels.

Article 3.4. 5. CARGO PROJECTING OVER THE HULL Listing vessels or vessels carrying cargoes or structures projecting over the hull are not allowed to pass locks and/or bridge channels or berth at quays without permission of the HMO.


3.5 Mandatory use of AIS

Article 3.5. 1. OPERATIONAL AIS Each vessel must use an AIS system that is in good working order. At least one of the vessels in a tow should have a good working AIS system. In push-barge combination, the vessel primarily responsible for propulsion must use an AIS system that is in good working order. The AIS device must be switched on and the input data must match the actual situation at all times. An exception is made for police vessels on special assignments, pleasure boats less than 20 m in length, barges or floating equipment without mechanical means of propulsion, and non-sailing crafts where AIS cannot be installed for technical reasons. At least the following data must be sent (in accordance with chapter 2 of the annex of Regulation (EC) No 415/2007 of 13 March 2007 concerning the technical specifications for vessel tracking and tracing systems referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised River Information Services (RIS) on inland waterways in the Community (OJEU L 105)):

a. User Identifier (Maritime Mobile Service Identity, MMSI); b. Name of ship; c. Type of vessel and convoy(ERI); d. Unique European vessel identification number (ENI) or, for seagoing ships if no ENI was assigned, the IMO number; e. Overall length of the vessel or convoy (decimetre accuracy) e. Overall beam of the vessel or convoy (decimetre accuracy) g. Position (WGS 84); h. Speed over ground (SOG) ; h. Course over ground COG); j. Time of electronic positioning fixing device; k. Navigational status; l. Reference point for the position information on the vessel with 1m accuracy

The skipper must immediately update the following data in case of changes:

a. Overall length of the vessel or convoy (decimetre accuracy); b. Overall beam of the vessel or convoy (decimetre accuracy); c. Convoy type; d. Navigational status; l. Reference point for the position information on the vessel with 1m accuracy

A small vessel that has not been assigned a unique European vessel identification does not need to provide the data. The HMO/STM must be notified immediately if the above requirements cannot be met.


3.6 Mandatory use of BTS

Article 3.6. 1. BTS + PI All barge and terminal operators must correctly register their berthing applications and container loading/unloading schedules via the BTS system.


3.7 Requirements for bunkering

ARTICLE 3.7.1. REQUIREMENTS FOR BUNKERING CONVENTIONAL FUEL

ARTICLE 3.7.1.1. REQUIREMENTS FOR BUNKERING BY SHIP Without prejudice to the requirement for each service provider to hold a licence as set out in chapter 5.5, bunkering by bunker vessel can be permitted only if the following requirements are met:

1. The masters of the vessels involved in the bunkering operation shall ensure that a bunker checklist is fully and truthfully completed and signed. This checklist must be available aboard their vessels for inspection during the actual bunkering and for 24 hours after the bunkering operation. The checklist must be kept for at least 6 months and produced at the request of the HMO.

2. The masters of both vessels shall ensure that the bunkering vessel alongside the receiving ship, is and remains safely and properly moored throughout the bunkering operation. Special attention must be focused when other vessels are passing by.

3. The master of the receiving ship shall ensure regulatory and safe access to his ship from the bunkering vessel (via gangway, boarding ladder, pilot door, etc.)

4. For loading and/or unloading operations on the receiving ship, special attention shall be paid to ensure that no cargo or work items (twistlocks, etc.) can fall onto the bunkering vessel. In the case of high-risk operations, bunkering must be stopped and the bunkering vessel removed from the danger area.

5. The master of the bunker ship must notify the HMO of the beginning and the completion of the bunkering operation via VHF channel 63.

6. The masters of the vessels involved in the bunkering operation shall ensure that: • the bunker hoses are adequately supported and have sufficient play; • the bunker hoses are connected leak-free; • sufficient means and resources are present under the bunker line to collect possible

spills; • no smoking takes place on deck and no repair work involving open flame or

generating sparks is carried out on deck; • the necessary means and resources are available so that emergency measures can be

taken to contain contamination. 7. The location from where the bunkering operation is monitored, with clear line of sight of the

operation, must be continuously manned by a qualified person. Good communication between the crew members on both ships must be ensured at all times. The entire operation must be continuously monitored (to prevent oil spills).

8. The Harbourmaster may prohibit or stop the bunkering operation as warranted by weather conditions or other safety risks, and may impose additional requirements at any time.

ARTICLE 3.7.1.2.OBLIGATIONS FOR BUNKERING BY TRUCK Bunkering by shall be authorised only if the following requirements are met:

1. The truck must comply with the ADR regulations.


2. At least one working day prior to the bunkering of a ship, the master of the ship to be bunkered must notify the HMO of the place and start time of bunkering and the type and quantity of bunker oil.

3. Bunkering may be carried out only if the receiving ship is properly moored and the bunker hoses are connected properly and leak-free.

4. The master of the vessel concerned must inform the HMO of the beginning and the completion of the bunkering operation via VHF channel 63

5. Bunkering operations must be supervised at all times. 6. The master of the ship to be bunkered and the truck driver must ensure that a bunker

checklist is fully and truthfully completed. This checklist must be available on board for inspection during the actual bunkering and for 24 hours after the bunkering operation. It must be kept for at least 6 months and produced at the request of the HMO.

7. The Harbourmaster may prohibit or stop the bunkering operation as warranted by weather conditions or other safety risks, and may impose additional requirements at any time.

ARTICLE 3.7.1.3. REQUIREMENTS FOR THE CALIBRATION OF MEASURING EQUIPMENT ONBOARD TANKERS Without prejudice to the requirement that each service provider must hold a licence as set out in chapter 5.5, measuring equipment onboard tankers may be calibrated only if the following requirements are met:

1. The calibration cart must be provided with clear signage and signage material to delimit the land-based area.

2. At least one working day prior to the calibration of the measuring equipment of a ship, the calibration firm must notify the HMO (unique portal) of the place and start time of calibration.

3. Calibration may only be carried out if the ship is properly moored and the transfer hoses are connected properly and leak-free (fitted with a dry-brake coupling).

4. The location from where the calibration is monitored, with clear line of sight of the operation, must be continuously manned by a qualified person.

5. The master of the ship to be calibrated and the calibration inspector must ensure that a bunker checklist (HMO...) is fully and truthfully completed and signed.

This checklist must be available on board of the calibrated vessel for inspection during the

calibration and for 24 hours after. The checklist must be kept for at least 6 months by both responsible parties and produced at the request of the HMO.

6. The master of the vessel involved in the calibration and the responsible calibration firm are required to ensure that:


• sufficient means and resources are present under the bunker line to collect possible

spills;

• smoking and/or performing repair work on deck, producing open flame or heat, is

prohibited; • the necessary means and resources are available so that emergency measures can be

taken to contain contamination to be taken. 7. The Harbourmaster may prohibit or stop the calibration operation due to adverse weather

conditions or stafety risks, and may impose additional requirements at any time.

ARTICLE 3.7.1.4. FUEL INSPECTION HMO is authorised to check fuel supplies for their specifications.

ARTICLE 3.7.1.5. MOBILE BUNKERING + PI Mobile bunkering is the bunkering of ships that are not moored. This is permitted only under the conditions defined by the HMO.

ARTICLE 3.7.1.6. DE-BUNKERING De-bunkering is subject to the same requirements, provisions and prohibitions as defined for bunkering.

ARTICLE 3.7.2. REQUIREMENTS FOR BUNKERING LNG + PI

ARTICLE 3.7.2.1. GENERAL REQUIREMENTS Without prejudice to the requirement for each service provider to hold a licence as set out in chapter 5.5, LNG bunkering can be permitted only if the following requirements are met:

1. The following documents must be present at the place of the bunker operations: • SDS of supplied LNG • Certificates of all LNG transfer equipment, personal protective equipment and fire

fighting equipment. • Emergency response plan • Class certificates of all vessels involved • Crew training certificates • Bunker checklist

These documents must, upon request, be presented to, or kept available for inspection by, HMO. All relevant documents related to the bunker operations shall be kept on board of the receiving vessel for at least 1 year.

2. Compatibility between receiving vessel and supplier. It must be clarified before the start of the bunkering operations that mooring and bunker equipment of receiver and supplier are compatible, so that bunker operations can be conducted safely.


3. Permission and information Each individual bunker operation with LNG shall, additionally, be submitted to the HMO 3 working days in advance.

The following information is necessary:

• Where and when is the bunker operation to take place • Method of delivery (ship- truck- terminal) • Details of supplier and receiving ship

The ACC (Antwerp Coordination Centre) shall be notified at least 4 hours before start, and after the completion of the LNG bunker operation.

The Harbourmaster may at any time, without any compensation for any of the parties involved, cancel or abort the bunker operation for reason of adverse weather conditions or other safety issues. They may at any time impose additional safety requirements.

ARTICLE 3.7.2.2. LNG DEBUNKERING Debunkering of LNG is not permitted without special permission from the Harbourmaster.


3.8 Conditions for diving operations, repairs, blasting and painting work

ARTICLE 3.8.1. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF FLOATING STRUCTURES + PI Diving operations for inspections or repairs on ships and underwater floating structures are subject to permission of the HMO.

ARTICLE 3.8.2. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF PORT INFRASTRUCTURE + PI Diving operations for inspections or repairs on port infrastructure are subject to permission of the HMO.

ARTICLE 3.8.3.REPAIRS ON SHIPS AND ABOVE-WATER FLOATING STRUCTURES + PI Repair works on ships and above-water floating structures are subject to permission of the HMO.

ARTICLE 3.8.4. REPAIRS ON ABOVE-WATER PORT INFRASTRUCTURE + PI Repair works on above-water port infrastructure that involve a risk of fire are subject to permission of the HMO.

ARTICLE 3.8.5. BLASTING WORK ON STEEL STRUCTURES ON THE QUAY + PI Blasting work on the quay is subject to permission of HMO.

ARTICLE 3.8.6. IMMOBILISATION OF VESSELS Immobilisation of vessels for technical reasons is subject to permission of the HMO.

ARTICLE 3.8.7. GAS-FREE CERTIFICATE For articles 3.8.1 to 3.8.6, the Harbourmaster may require a gas-free certificate whenever warranted for safety reasons.


3.9 Shore power supply

ARTICLE 3.9.1 SHORE POWER + PI It is prohibited to use a generator on board of barges to generate electricity if the ship is berthed and can physically be connected to the shore power cabinets of the Port Authority. Only barges that cannot be connected to shore power for safety reasons (ADN) or barges powered by LNG, are exempt from this prohibition. Shore power electricity must be used in accordance with the instructions indicated on the installations.


3.10 Waste collection

ARTICLE 3.10.1.WASTE FROM BARGES + PI Waste from barges (except cargo waste) in the port must be collected at the waste facilities provided by the Port Authority and waste containing oil and fat at the bilge boat.

ARTICLE 3.10.2.WASTE FROM SEAGOING SHIPS + PI Without prejudice to the applicable Flemish regulations, collection of waste from seagoing ships in the port is permitted only if prior written permission has been obtained from the HMO. This permission can be revoked at any time.


3.11 Discharge of ballast water + PI

ARTICLE 3.11.1 BALLAST WATER OF SEAGOING SHIPS 1. Ballast water from tanks marked for ballast water according to the ship's plan may be

discharged if: • Proof can be given that the ballast water meets the criteria specified in the

applicable international legislation, and • pumping out under calm weather conditions does not leave any visual traces.

2. Discharging ballast water from other tanks or holds is prohibited without prior permission from the Harbourmaster.

3. The provisions in point 1. do not apply to inland shipping.


3.12 Conditions for fumigation of ships

Article 3.12. 1. VERMIN CONTROL AND DISINFECTION OPERATIONS ON BOARD + PI 1. Vermin and insect control and/or disinfection operations on board of ships are subject to

permission of the HMO. 2. These activities may only be carried out under the supervision of a specially recognised user

as defined in art. 38 and 41 of the Royal Decree of 5 June 1975 on the storage, marketing and use of pesticides and phyto-pharmaceutical products.

Article 3.12. 2. SHIPS WITH FUMIGATED BULK CARGO Responsible persons of vessels carrying bulk cargo that is or has been under fumigation, as well as the terminal operator of the unloading quay, must inform HMO of the following data at least 24 hours before arrival:

1. name and IMO number of the ship 2. destination in the port 3. nature and dosage of the gas 4. fumigation method 5. holds where the gas was applied 6. fumigation start date 7. degassing start date, if applicable 8. nature of fumigated cargo 9. name of the company issuing the degassing certificate

Loading of the cargo may only be started after the holds are released by the specially recognised user. The measurements are confirmed in a degassing certificate, a copy of which must be submitted to the HMO.


3.13 Conditions for tankers and tank barges

Article 3.13. 1. TANKERS + PI 1. Tankers may only moor at tanker berths. 2. The harbourmaster may allow exceptions under certain conditions.

Article 3.13. 2. TANK BARGES + PI 1. Tank barges may only moor at tanker berths. 2. The harbourmaster may allow exceptions under certain conditions.

Article 3.13. 3. FLOATING EQUIPMENT Floating hoisting equipment or devices which supply power are only allowed to moor alongside vessels berthed at tanker berths if prior permission has been obtained from the HMO/STM.

Article 3.13. 4. ACCESS TO MARSHALL DOCK + PI Vessels other than tankers or tank barges are not allowed to enter the Marshall Dock without prior permission of the HMO.

Article 3.13. 5. PERSONNEL ON BOARD Masters of berthed tankers and tank barges shall ensure that a sufficient number of authorised persons are at all times on board to allow the appropriate safety measures to be taken.

Article 3.13. 6. CARGO OF DIFFERENT CLASSES If the cargo of a tanker or tank barge consists of different liquids and/or gases belonging to different classes of the IBC or IGC code or ADN, the provisions applicable to those of the highest hazard level shall apply.

Article 3.13. 7. FLAME ARRESTORS The necessary openings in all cargo holds, cofferdams and chimneys shall be provided with flame arrestors aboard tankers and tank barges designed to carry cargoes from which flammable or explosive gases may be released.

Article 3.13. 8. DEGASSING Degassing may only be carried out at fixed installations specially equipped for this purpose and recognised by the HMO.

Degassing using mobile installations approved by HMO is subject to prior permission of the HMO.

Article 3.13. 9. ACTIVITIES ON BOARD OF TANKERS + PI No repair work shall be carried out on board of tankers and tank barges staying in the port, unless a gas free certificate from an expert recognised by HMO is submitted, showing that repairs can be carried out safely. A similar certificate must be submitted for repair work to be carried out in a dry-dock.


Article 3.13. 10. CONNECTION OF PIPELINES For the connection of fixed pipelines on shore to pipelines on board of tankers or tank barges, reliable and certified material shall be used, so as to prevent leaks, cracks, tears or fractures. Prior to loading/unloading, the necessary safety arrangements between the vessel and the terminal must be recorded in writing. In case of flammable cargoes, the use of tools that may cause sparks is strictly prohibited.

Article 3.13. 11. DIRECT TRANSFER + PI Direct transfer involving tankers and/or barges is permitted only in accordance with the procedures established by HMO.

Article 3.13. 12. NATURE AND WEIGHT OF CARGO A tanker must, 6 hours before arrival at the pilot stations, Wandelaar or Steenbank, and at least 24 hours before handling, fully specify the nature and weight of the cargo in accordance with the procedures determined by the HMO. These guidelines also apply to a tanker that enters the port empty and uncleaned.


4 PROVISIONS RELATING TO GOODS STORAGE AND HANDLING

4.1 GENERAL PROVISIONS + PI

Article 4.1. 1. ENVIRONMENTAL NUISANCE For the handling of goods, the parties involved must, at their own expense, risk and peril, take all necessary protection and safety measures to prevent accidents, environmental nuisance and/or pollution during the execution.

Article 4.1. 2. HANDLING AND STORAGE OF SOLIDS OR LIQUIDS IN BULK + PI Terminals for the repetitive handling of goods in bulk must be in possession of an environmental permit (or environmental permit for the operation of a classified establishment or activity) for this activity. Terminals that are not subject to the afore-mentioned environmental permit (or environmental permit for the operation of a classified establishment or activity) requirement and where solids are handled in bulk, must meet the conditions imposed by the HMO.

Article 4.1. 3. HANDLING OF SOLID BULK GOODS The handling of solid bulk goods must comply with the obligations imposed by the decree of 17 March 2006 implementing Directive 2001/96/EC of the European Parliament and of the Council of 4 December 2001 establishing harmonised requirements and procedures for the safe loading and unloading of bulk carriers. In addition, terminals that handle seagoing ships equipped for the carriage of bulk goods, except cereals, and ships equipped with their own loading/unloading installation, must satisfy the following conditions:

1. The agreed loading/unloading schedules and any changes made to them must be retained at the terminal for a period of 6 months.

2. Each month a list of bulk carriers handled with specification of the type of cargo must be prepared. This list together with the ship-shore safety checklist for loading or unloading dry bulk cargo carriers, must be submitted to the HMO.

Article 4.1. 4. DANGEROUS OR TROUBLESOME BULK GOODS Entrance gates to terminals where bulk goods are handled that may cause danger or hindrance, must clearly indicate that personal protective equipment should be worn when entering the site. The said equipment must be made available to visitors.

Article 4.1. 5. CLASSIFICATION DOCUMENTS The classification documents relating to the special type of transport for which the vessel is intended, must upon first request be submitted to the HMO.


Article 4.1. 6. DAMAGED PACKAGING OR CONTAINERS + PI

1. The fire brigade must be called immediately when packaging and/or a container, in which dangerous goods are present, is found to be damaged and when there is leakage or a real risk of leakage of the dangerous product.

2. When a container is found to be damaged to the extent that its structural condition (robustness) may be compromised, handling must be stopped immediately.

3. Further handling of the packaging and/or containers referred to in point 1 and of the containers referred to in point 2, shall be subject to permission from the HMO (transport, stuffing, pumping, etc.)


4.2 GENERAL CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND/OR

CONTAMINATING GOODS + PI

Article 4.2. 1. REQUIRED DOCUMENTATION FOR DANGEROUS AND/OR CONTAMINATING GOODS Goods handlers must be in possession of documents or publications that contain information about the dangerous and/or contaminating goods stored and to be handled and the measures to be taken in case of emergency.

Article 4.2. 2. PACKAGING REQUIREMENTS FOR DANGEROUS AND/OR CONTAMINATING GOODS Packaged dangerous goods must be packaged in accordance with the standards prescribed by the IMDG code or, where appropriate, the standards prescribed in the ADR, the ADN or the RID.

Article 4.2. 3. INTERNAL EMERGENCY RESPONSE PLAN + PI All non-SEVESO companies where dangerous or contaminating goods, as defined in article 1.1.1, are received or stored on site or where seagoing vessels or barges carrying dangerous and/or contaminating goods may be berthed, must have an internal emergency response plan approved the HMO.

Article 4.2. 4. DECLARATION OF DANGEROUS AND/OR CONTAMINATING GOODS + PI 1. Dangerous and/or contaminating goods may only be handled in the port if a prior electronic

declaration has been submitted to the HMO. 2. The declaration must be submitted by a forwarder or a shipping agent, depending on the

means of transport used and the required handling. 3. The declaration must reach the HMO no later than 24 hours before the scheduled handling

time. 4. For ships arriving at the port from the sea, the declaration must reach the HMO no later than

6 hours before arrival at the sea pilot station. 5. This declaration requirement also applies to dangerous and/or contaminating goods that

remain on board.

ARTICLE 4.2.4.1 TRAINING REQUIREMENT + PI Persons submitting a declaration must be in possession of a training certificate 'port regulations for dangerous goods'.

ARTICLE 4.2.4.2 TASKS OF SHIPPING AGENT If no local forwarder has been appointed for the loading or unloading of dangerous goods in the port, by land or by barge, the shipping agent shall take over all of the forwarder's tasks.


Article 4.2. 5. PACKAGED DANGEROUS GOODS + PI Unless expressly specified otherwise in the environmental permit (or environmental permit for the operation of a classified establishment or activity), packaged dangerous products must always be handled directly if:

1. They belong to a group of dangerous goods that are subject to special conditions; 2. compressed, liquefied or pressure-dissolved gases are flammable, toxic or corrosive; 3. Liquids

• have a flash point of below 23°C (closed cup), • contain solid components that are explosive in dry state or when inadequately

impregnated, • ignite instantaneously on contact with air, • are adequately impregnated with another specified liquid or in the presence of a

sufficient quantity of phlegmatiser, or under specified temperature conditions, • pose a risk of contamination;

4. Solids • are mixed with a liquid whose flash point below 23°C (closed cup), • are explosive in dry state or when inadequately impregnated, • ignite instantaneously on contact with air, • may be transported only if they are adequately impregnated with a specified

liquid or in the presence of a sufficient quantity of phlegmatiser or inert substance, or under specified temperature conditions,

• pose a risk of contamination. All dangerous goods that do not have the properties referred to in 1, 2.3 or 4 and are not subject to special conditions, may stay in the port for 10 calendar days maximum. They must be stored at a suitable location compatible with their nature, quality and dangerous properties. These goods must be kept away from foodstuffs and general merchandise, as well as from work areas and premises where persons are present. The handling of dangerous goods is based on the assigned UN number.

Article 4.2. 6. MAXIMUM ALLOWED QUANTITIES Unless the goods are assigned to a group to which special conditions apply, the following maximum allowed quantities apply packaged dangerous goods on board of ships in the port:

1. Flammable liquids with flash point less than 23°C “Closed cup” Location Toxic / Non-toxic Max. quantity per vessel Below Quay N° 100 Non-toxic 50 tonnes Toxic Prohibited Above Quay N° 100 Non-toxic Unlimited Toxic 200 tonnes


2. Technically pure ammonium nitrate and equivalent mixtures (see article 4.5)

Technically pure ammonium nitrate 4,000 tonnes Granulated fertiliser as sole cargo without any other cargo.

10,000 tonnes

Ammonium nitrate fertiliser benefitting from exemption.

unlimited

3. Highly toxic gases: 60 tonnes (see article 4.6)

4. Explosives: the maximum allowed quantities are determined in relation to the berth and the

type of explosives (see article 4.8). The maximum allowed quantities for other dangerous goods are in principle unlimited except that the HMO reserves the right to set a limit in specific circumstances.

Article 4.2. 7. DEVIATIONS, EXCEPTIONS + PI 1. The HMO may exceptionally grant deviations from the provisions of articles 4.2.5 and 4.2.6

provided they do not conflict with the applicable national and regional regulations, unless approval has been obtained from the competent authority.

2. The HMO may exceptionally extend the storage time for IMDG goods to maximum 30 days.

Article 4.2. 8. SAFETY MEASURES 1. The HMO may impose additional precautions and safety measures at any time. 2. The shipping agent(s) or forwarder(s) are responsible for the appointment of a fire watch, if

imposed by the HMO.

Article 4.2. 9. SEGREGATION REGULATIONS FOR PACKAGED DANGEROUS GOODS + PI When unloading packaged dangerous goods on front quays and at transit storage facilities in the port, the segregation regulations shall apply.

Article 4.2. 10. RECOGNISED CONTAINER TERMINALS The recognition is granted by the HMO. Recognised container terminals may be used for the storage of packaged dangerous goods, which, pursuant to article 4.2.5. must be handled directly, but to which no special conditions apply, if loaded in containers, for a maximum period of 10 calendar days. This exception also applies to dangerous and/or contaminating goods loaded in tank containers.


4.3 PARTICULAR CONDITIONS FOR THE HANDLING OF DANGEROUS GOODS AND

CONTAMINATED GOODS ON FRONT QUAYS

Article 4.3. 1. SHORT-TIME STORAGE ON FRONT QUAYS + PI Front quays may under certain conditions be used for the short-time storage of dangerous and/or contaminating goods. Goods other than dangerous and/or contaminating goods, may be stored on the front quays for 6 months at most, unless permission has been obtained from the Harbourmaster.

Article 4.3. 2. REPORTING FOR GOODS ON FORE-QUAYS + PI The stevedore operating the front quay must report to the HMO the types of dangerous and/or polluting goods present on the front quay.


4.4 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND

CONTAMINATING GOODS AT TRANSIT STORAGE FACILITIES IN BACK AREAS

Article 4.4. 1. CFS ACCREDITATION The operation of a CFS is permitted only if the operator holds a written recognition from the harbourmaster.

Article 4.4. 2. REPORTING FOR CONTAINER FREIGHT STATIONS + PI The operator of the CFS must report to the HMO on which dangerous and/or polluting goods are present.

Article 4.4. 3. TRANSIT STORAGE LOCATIONS IN BACK AREAS OTHER THAN CFS A transit storage facility located in a back area other than CFS may be operated only once an environmental permit has been obtained (or environmental permit for the operation of a classified establishment or activity).

Article 4.4. 4. CONDITIONS FOR TRANSIT STORAGE FACILITIES IN BACK AREAS OTHER THAN CFS + PI The conditions for operating these transit storage facilities are determined by the HMO.

Article 4.4. 5. REPORTING FOR BACK AREAS OTHER THAN CFS + PI An overall inventory of the dangerous and/or contaminating goods present and a layout plan of the site must be available at all times for inspection by the HMO.


4.5 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF TECHNICALLY PURE

AMMONIUM NITRATE AND EQUIVALENT MIXTURES

Article 4.5. 1. TYPES OF AMMONIUM NITRATE + PI In addition to the general conditions for the handling of technically pure ammonium nitrate and equivalent mixtures, the special conditions as set out in this article shall apply. Types of technically pure ammonium nitrate:

1. Ammonium nitrate fertilisers containing between 80 and 100% by weight of ammonium nitrate.

2. Equivalent mixtures: • mixtures of ammonium sulphate + ammonium nitrate, if the mixture contains more than

40% by weight of ammonium nitrate (or more than 43% by weight for the double salt ammonium sulphate-nitrate which does not contain free nitrate);

• mixtures of ammonium nitrate with substances that do not affect the explosiveness of these mixtures, which contain more than 65% by weight of ammonium nitrate.

However, each such product shall not contain more than 0.4% by weight of flammable substances.

Article 4.5. 2. MAXIMUM ALLOWED QUANTITIES For the handling of technically pure ammonium nitrate or equivalent mixtures, the following requirements apply:

1. A seagoing vessel may have maximum 4,000 tonnes on board, in authorised packaging, subject to compliance with the combined loading prohibition as set out in art. 4.5.4.

2. An inland vessel may have maximum 500 tonnes on board. This maximum quantity is increased to 1,000 tonnes for inland vessels sailing on the Lower Scheldt.

3. A vessel may have maximum 10,000 tonnes of ammonium nitrate-based granular fertiliser on board, subject to prior submission of an application stating that: • the vessel's cargo consists exclusively of the said fertiliser; • the nitrogen content does not exceed 33.5%; • the percentage by weight of combustible material measured as carbon does not exceed

0.2; • the chlorine content does not exceed 0.02% by weight; • the pH of a solution of 10 g fertiliser in 100 ml water is at least 4.5; • not more than 5% by weight of the fertiliser passes through a 1 mm mesh sieve and not

more than 3% by weight passes through a 0.5 mm mesh sieve 4. The transport of bulk technically pure ammonium nitrate and/or equivalent mixtures is

prohibited, unless permission has been obtained from the HMO.


Article 4.5. 3. DIRECT HANDLING 1. Technically pure ammonium nitrate or equivalent mixtures must always be handled directly. 2. If technically pure ammonium nitrate or equivalent mixtures, packaged in containers, are

handled on a recognised container terminal, they may remain at the terminal for 10 calendar days.

Article 4.5. 4. NO COMBINED LOADING Pursuant to the RD of 3 September 1958 regulating the transport, storage and sale of ammonium nitrate or mixtures thereof, no explosives, chlorates, flammable/oxidisable substances shall be transported in holds loaded with ammonium nitrate nor in adjacent holds.

Article 4.5. 5. ADDITIONAL SEGREGATION PROVISIONS FOR CONTAINERS 1. In addition to compliance with the general segregation provisions as set out in art. 4.2.8.,

containers loaded with technically pure ammonium nitrate and/or equivalent mixtures must be accessible at all times.

2. Container doors shall be accessible and containers shall not be stacked on top of each other. 3. Containers with technically pure ammonium nitrate and/or equivalent mixtures shall, during

their stay in the port, be kept separate from other containers with dangerous products by a distance of at least 20 m.

Article 4.5. 6. MANDATORY FIRE WATCH SERVICE + PI During loading, unloading or the keeping on board of ammonium nitrate fertilisers or equivalent mixtures, a fire watch is required whenever the quantity of technically pure ammonium nitrate or equivalent mixtures on board exceeds 10 tonnes.

This fire watch service may only be provided by firms recognised by the HMO.

Article 4.5. 7. DUTY TO NOTIFY THE CENTRAL EXPLOSIVES DEPARTMENT For the handling of technically pure ammonium nitrate or equivalent mixtures, the shipping agent or forwarder shall notify the Explosives Department in writing 24 hours prior to the scheduled handling.

Article 4.5. 8. STORAGE OF AMMONIUM NITRATE FERTILISERS AND EQUIVALENT MIXTURES The storage of technically pure ammonium nitrate or its mixtures requires the possession of an environmental and explosives permit.

Article 4.5. 9. AMMONIUM NITRATES BENEFITING FROM EXEMPTION 1. For the handling of ammonium nitrate fertilisers benefiting from exemption as provided for in the

RD of 3 September 1958: • no maximum allowed quantities apply, • bulk transport is permitted, • a fire watch is not required.

2. The other special provisions continue to apply. 3. For declarations, as set out in art. 4.2.4., the name and address of the producer, the name of the

fertiliser and the nitrogen percentage must also be specified.


4.6 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF HIGHLY TOXIC GASES

Article 4.6. 1. HIGHLY TOXIC GASES + PI A number of gases fall into the category of high toxic gases because of their properties.

Article 4.6. 2. MAXIMUM ALLOWED QUANTITIES Throughout the duration of her stay in the port, a ship shall at no time have more than 60 tonnes net of highly toxic gases on board.

Article 4.6. 3. DIRECT HANDLING Highly toxic gases must always be handled directly.

Article 4.6. 4. BERTH RESTRICTION Highly toxic gases shall not be handled at quay numbers below 100/101.

Article 4.6. 5. LOADING OR UNLOADING OF MORE THAN 100 KG NET + PI For shipping more than 100 kg net of highly toxic gases, the following additional requirements apply:

1. Regardless of the relevant declaration to be submitted to the HMO by the forwarder/shipping agent, when loading or unloading highly toxic gases, the HMO and the fire brigade shall be notified at least 2 hours in advance of the exact time of the operation.

2. This notification must be drawn up in accordance with the prescribed form. 3. The forwarder/shipping agent shall also ensure that a gas expert is present during

loading/unloading. The gas expert shall see to it that shipping is performed with due care and shall, upon the slightest irregularity, raise the alarm signal, thereby initiating the internal emergency plan. The gas expert shall designate a safety zone in consultation with the representative of the stevedore.

4. The forwarder/shipping agent shall ensure that during shipping all required protective equipment is available at the place of shipping.

5. The stevedore shall himself determine the time of handling as a function of the activities, endeavouring to apply the principle "first discharged/last loaded" wherever possible.

6. A representative of the stevedore shall be on site when loading/unloading highly toxic gases. Upon the slightest irregularity, he shall, on instruction of the gas expert, immediately notify the emergency services and initiate the company's internal emergency plan.

7. Loading or unloading shall not be started before the HMO has ascertained on site the presence of the gas expert, the representative of the stevedore, the warning signal and all required protective equipment. Further instructions from the HMO in this respect shall be complied with.

Article 4.6. 6. NO PUMPING OVER OF HIGHLY TOXIC GASES Pumping over of highly toxic gases is prohibited.

Article 4.6. 7. STORAGE OF HIGHLY TOXIC GASES Highly toxic gases may be stored only in storage facilities in possession of an environmental permit (or environmental permit for the operation of a classified establishment or activity).


4.7 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF RADIOACTIVE

SUBSTANCES

Article 4.7. 1. TRANSPORT AUTHORISATION 1. The transport of radioactive substances is always subject to a transport authorisation issued by

the Federal Agency for Nuclear Control (FANC). 2. Declarations for the handling of radioactive substances in the port must always include the

number of the transport authorisation. Article 4.7. 2. DIRECT HANDLING Radioactive substances may only be directly unloaded or loaded without staying on quay, rail or truck. Article 4.7. 3. STORAGE OF RADIOACTIVE SUBSTANCES Storage of radioactive substances in the port is prohibited unless the legally required permits have been issued.


4.8 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF EXPLOSIVES

Article 4.8. 1. MAXIMUM ALLOWED QUANTITIES OF EXPLOSIVES + PI 1. A ship staying in the port shall at no time have more explosives on board than the maximum

allowed quantities specified in art. 150 of the RD of 23 September 1958. 2. The Ministerial Orders of 30 July 1998, 8 November 2005 and 31 May 2016 provide for a number

of deviations for specific quays in the port. Quantities larger than those specified in point 1 may be handled In the Delwaide Dock, the Verrebroek Dock, the Deurganck Dock, and at the Europa terminal and the Noordzee terminal, complying with the mentioned Ministerial Orders.

Article 4.8. 2. DUTY TO NOTIFY THE EXPLOSIVES DEPARTMENT 1. All handling of explosives for which a transport authorisation is required, must be notified by the

permit holder to the inspectors of the Explosives department no later than 24 hours before the scheduled handling.

2. For nitrocellulose of Belgian class A6, the date of handling and the assigned berth in the port shall be communicated in writing no later than 24 hours before the scheduled handling to the inspectors of the Explosives department.

Article 4.8. 3. TRANSPORT AUTHORISATION The transport of explosives shall be subject to a transport authorisation issued by the Central Explosives Department in Brussels. No such transport authorisation shall be required for fireworks other than spectacle fireworks, or safety ammunition (Belgian classification B6). Declarations for the handling of explosives in the port must always include the number of the transport authorisation.

Article 4.8. 4. DIRECT HANDLING 1. Explosives may only be directly unloaded or loaded without staying on quay, rail or truck. 2. Exceptions to direct handling are possible in the following cases:

Explosives with UN numbers 0431, 0432, 0503 and 3268 may stay for 10 days at a container terminal recognised by the HMO, if the goods were loaded in a container. This 10-day period cannot be extended.


4.9 SPECIAL CONDITIONS FOR THE HANDLING OF SECOND HAND VEHICLES

Article 4.9. 1. PERMISSION FOR PLACING VEHICLES ON THE QUAY Prior to placing second hand vehicles on the quay, the stevedore must have obtained permission from the HMO.

Article 4.9. 2. LAY-OUT CONDITIONS FOR NEW TERMINALS FOR SECOND HAND VEHICLES

1. For the application of this terminal a “new terminal for second hand vehicles” means a terminal for second hand vehicles built on an existing terminal, whose pavement is to be renewed after the entry into force of this regulation. (with the exception of servicing, maintenance and repair works).

2. Vehicles may be stored only on sites equipped with waterproof hard surface, duly certified as such by the contractor who installed the surface.

All rainwater, whether or not mixed with other liquids, that ends up on the hard surface must be collected in a properly sized leak-proof drainage system.

The drainage system must be connected to a sufficient dimensioned hydrocarbon separator in relation to the connected surface area. The hydrocarbon separator may be connected via a system that collects most of the contamination flushed along with the first rainwater ("first flush").

The correct dimensioning of the drainage system, the hydrocarbon separator(s) and, where appropriate, the first flush system, must be certified by an independent expert.

The proper operation of the hydrocarbon separator must be demonstrated annually by a maintenance contract and a quarterly inspection. A logbook of the inspections must be kept at the disposal of the authorised inspectors.

Vehicles that cause or threaten to cause contamination shall be stored at a dedicated area on the terminal that

• Complies with Article 5.15.0.7 of Title II of the VLAREM • is large enough to store all rejected vehicles, with a minimum of 100m² • is fenced and locked

Article 4.9. 3. ORGANISATIONAL MEASURES AGAINST SURFACE WATER CONTAMINATION

The operator shall take maximum measures to prevent surface water contamination:

• The terminal must have a supply of absorbent materials suitable for clean-up of mineral oil spills at all times, at least sufficient to clean up 100 m2 of contaminated area, i.e. to absorb 100 l of oil.


• The terminal must have means to cover rainwater manholes in the event of a spill. The required quantity shall depend on the lay-out of the terminal.

• The terminal must have a procedure documenting at least the following aspects: · Storage location of absorbent materials and means and resources to cover the rainwater

manholes · Person responsible for applying the materials can be reached 24/7 (round the clock, year

round) · Procedure for application of the materials · The removal of absorbents used (suitable containers, storage, disposal) · Availability of absorbent materials (replacement after use, check for proper condition,

etc.) • Employees responsible for application of the absorbents receive appropriate instructions and

training

The terminal operator proves (via an action plan) that the measures taken are adequate. This action plan shall show that the lay-out and operation of the terminal enables the implementation of the organisational measures.

Article 4.9. 4. CHECKING OF CONDITIONS FOR SECOND HAND VEHICLES + PI The stevedore must check whether second hand vehicles meet the following conditions. Vehicles that do not meet these conditions must be rejected: 1. the vehicle must be drivable; 2. the vehicle must be capable of being towed safely; 3. the bonnet, the boot lid and the doors must be present; the front two doors, i.e. the driver's and

passenger's doors, must be in working order and capable of being opened; 4. the vehicle must not leak (e.g. fuel, oil, battery fluid, coolant); 5. the driver's seat must be present and should be completely free, as should be the passenger's

seat; if no passenger's seat is present, the place provided for this seat should also be completely free;

6. the vehicle should not show visible traces that they have been cut into pieces and subsequently welded together again;

7. there should not be any visible signs present that could indicate that the structure of the vehicle has been damaged;

8. there should not be any signs of major fire, structural damage, such as sagging chassis plates, substantial damage to the bodywork, missing or flat tyres, loose parts, etc.

9. every tanker and/or tank truck should be empty and, if used for ADR goods, be accompanied by a cleaning certificate;

10.refrigerated trucks should not have used a cooling liquid containing CFCs;

Article 4.9. 5. INFORMATION SECOND HAND VEHICLES ON QUAY The following information has to be known to the terminal operator for every vehicle that is admitted to the terminal:


1. at the 6 last digits of the chassis number 2. name and address of the shipper or agent 3. company name of the carrier; and number plate of the delivery lorry/tractor unit 4. name and address of the forwarding agent, if applicable 5. name of the loading ship, if known 6. port of destination

Article 4.9. 6. DUTY OF TERMINAL OPERATOR The terminal operator must, upon request, submit to an authorised regulatory government service a list of the vehicles present at the terminal that have been approved for shipment. This list must contain the following information: 1. information defined in art. 4.9.5 2. date of delivery at the terminal 3. scheduled date of loading aboard ship, if available

Article 4.9. 7. REJECTED SECOND HAND VEHICLES + PI Vehicles that are rejected by the terminal operator according to the provisions of article 4.9.4 are not admitted to the terminal site and must be removed immediately, after consultation with the shipper. These vehicles must be reported to the HMO. Rejected vehicles may not be presented for shipment to any other terminal in the port unless their condition has been correctly amended in compliance with article 4.9.4., so that they do meet the acceptance criteria. Article 4.9. 8. CONTAMINATION BY SECOND HAND VEHICLES Any contamination must be cleaned up immediately in an appropriate and environment-friendly manner. If, despite the measures taken, mineral oil ends up in the surface water nonetheless, the terminal operator shall promptly notify the HMO in accordance with Article 2.1.3.

Article 4.9. 9. ADDITIONAL CARGO + PI Additional cargo is understood to mean all goods that are not part of the vehicle as such but which are shipped in or with the vehicle. Additional cargo shall only be allowed if it can easily be accessed and inspected. 1. The following criteria need to be strictly complied with:

• no additional cargo may be placed at the terminal • additional cargo must comply with all applicable national and international regulations • goods to be transported inside the vehicles must not appear on the list of prohibited items as

determined by the HMO • additional cargo placed in the rear of the vehicle must be secured so as not to impede the

movements of the driver.


• for every vehicle loaded with additional cargo, a detailed loading list shall be drawn up with indication of all of the additional cargo items; general descriptions such as “personal goods” are not acceptable.

• a vehicle that is visually inspected by the terminal operator and whose additional cargo is found not to comply with the aforementioned rules, shall be considered a non-compliant vehicle and needs to be rejected

Article 4.9. 10. MOBILISATION OF VEHICLE The terminal operator shall, upon request, immediately take all necessary action to mobilise the designated vehicle to allow all checks to be carried out. Article 4.9. 11. WEIGH BILL FOR + 3.5 TONNES Every lorry and/or vehicle of more than 3.5 tonnes including additional cargo must be accompanied by a weigh bill that is not older than 4 hours and includes the following information:

1. company that performed the weighing 2. date and time of the weighing 3. identification of the vehicle (including chassis number) 4. weight of the loaded vehicle

Article 4.9. 12. ACCESS FOR EMERGENCY SERVICES Vehicles must be positioned so that they are at all times accessible to the fire brigade.


4.10 SPECIAL CONDITIONS FOR THE FUMIGATION OF GOODS Article 4.10. 1. FUMIGATION AREA All container fumigation operations must be carried out in an area recognised by the harbourmaster, called the fumigation area. Article 4.10. 2. RECOGNITION + PI Prior to the operation of a fumigation area, permission must be requested in writing from the HMO. Article 4.10. 3. OPERATING CONDITIONS 1. The fumigation coordinator (or his representative) must at all times have access to a safety map. 2. This map contains at least the following information:

• Characteristics of the gases used (material safety data sheet or MSDS) • Prescribed start concentrations • Relevant legislation • Arrangements on emergency procedures, fumigation, release and blocking (fumigation

procedure) • Contact details of the responsible persons • Recognition from the harbourmaster

3. The fumigation coordinator must be able to submit, upon request, an update list of the containers fumigated in the fumigation area.

4. The fumigation coordinator ensures that the staff involved in the fumigation operations have received suitable training.

5. Fumigation may only be performed by a specially recognised user. 6. Stacking of containers in the fumigation area is prohibited. 7. Following each change relating to the operation of the fumigation area, the fumigation area

must again be submitted for recognition. 8. The fumigation area is only accessible to authorised persons.

Article 4.10. 4. FUMIGATION PROCEDURE + PI The fumigation procedure contains a number of requirements that must be met by the specially accredited user and the fumigation coordinator.


5 PUBLIC PORT SERVICES

5.1 PILOTAGE

5.1.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE PILOTAGE SERVICE ARTICLE 5.1.1.1. PUBLIC PORT SERVICE Pursuant to article 2, 3° of the Port Decree and in the general interest of maintaining public order, preserving a safe and optimal traffic flow to and from the port, and assuring a continuous, affordable and high quality pilotage service for the port users, the pilotage of seagoing vessels in the port and the associated service are considered public port services. ARTICLE 5.1.1.2. COMPETENT AUTHORITY Pursuant to article 4 §1 of the Port Decree, the Port Authority is solely authorised to organise this public port service within the port, subject to application of article 5 of the Pilotage Decree, under which the organisation of pilotage in the tidal areas of the port belongs to the authority of DAB Loodswezen. ARTICLE 5.1.1.3. ESTABLISHING THE FRAMEWORK Pursuant to article 17 of the Port Decree and based on the general interest objectives referred to in article 5.1.1.1., the Port Authority establishes the rules and conditions under which the pilotage service is to take place in the non-tidal areas of the port, including the public service requirements to be met by the entities and their pilots who are authorised to provide this pilotage service. ARTICLE 5.1.1.4. GENERAL AND SPECIAL CONDITIONS

1. The conditions imposed by the Port Authority on the service providers, as set out in article 5.1.1.3., consist of general and special conditions. • General conditions are conditions that apply at all times to the service providers and

their pilots in the non-tidal areas of the port regardless of the way in which they have been authorised by the Port Authority to provide pilotage services within the port.

• Special conditions are conditions related to the modalities of the service authorisation by the Port Authority, as set out in article 5.1.1.5 §§ 2 and 3. These conditions supplement or specify the general conditions.

2. The Port Authority establishes, by way of one or more regulations, the general and special conditions that are imposed on the authorised service providers.

3. The conditions in point 2 shall not affect the legal provisions to be complied with by the service providers. For the purpose of granting the authorisation as referred to in article 5.1.1.5 point 2, the Port Authority shall require service providers undertaking pilotage services within the port, to submit a declaration of honour stating that they meet the legal provisions.


If a competent authority finds that an authorised service provider does not comply with these legal provisions, the Port Authority may, at the request of that authority and after the positive opinion of the HMO/STM, revoke the authorisation.

4. The HMO/STM shall ensure that, during the provision of their services, authorised service providers comply at all times with the applicable conditions for provision of the service. If not, the HMO/STM shall issue instructions to ensure compliance with the conditions.

ARTICLE 5.1.1.5. AUTHORISATIONS

1. Pursuant to article 16 point 2 of the Port Decree, the Port Authority may either internally delegate pilotage in the non-tidal areas of the port or entrust the same, in whole or in part, to private or other public legal entities.

2. It is expressly prohibited for any natural person and any private or public legal entity to provide pilotage services in non-tidal areas of the port without prior authorisation by the Port Authority. To this end, a candidate service provider submits an application for authorisation in accordance with the procedure established by ordinance of the Port Authority. The Port Authority decides on the application for authorisation. For its decision the Port Authority seeks advice from the HMO/STM, in particular as regards compliance with the general and special conditions set out in the regulations referred to in article 5.1.1.4. point 2.

3. The authorisations referred to in point 2 may take the form of an exclusive concession, individual concession, internal procurement or public contract. The Port Authority provides justification for the system to be applied. Where necessary to ensure the general interest objectives as referred to in article 5.1.1.1, and the continuity of the service, the Port Authority may decide to change the original system and subsequently grant authorisations under a new system. The authorised service providers shall be immediately informed of the decisions taken by the Port Authority.

4. Without prejudice to article 5.1.1.4. point 4 and after the positive opinion of the HMO/STM, the Port Authority may revoke the authorisation of a service provider. The relevant service provider shall first be heard.

ARTICLE 5.1.1.6. OPERATIONAL PLANNING

1. The authorised towing service providers are responsible for the execution of the pilotage tasks and prepare an appropriate operational planning for this purpose. As stakeholders in an integrated nautical chain they are required to actively contribute to smooth and safe shipping traffic to, from and within the port. To this end they are required to register their operational planning and available current capacity based on the orders received, and to transparently communicate this information to the HMO/STM via the information system or communication channel imposed by the HMO/STM. The specific modalities for the use of the common work floor of the ACC and the digital planning environment are laid down in separate agreements between the Port Authority and the authorised service providers.

2. The authorised service providers each appoint a responsible person who, operating from the common work floor of the ACC, plans and coordinates the execution of pilotage services for his organisation and, where appropriate, adjusts the said planning, whether or not instructed by the HMO/STM, for the purpose of optimising supply and demand and ensuring the


optimal integration of the service within the nautical chain. These responsible persons also act as first point of contact for the HMO/STM for the tasks referred to in this article.

ARTICLE 5.1.1.7. COORDINATION ROLE OF THE HMO/STM

1. The HMO/STM is responsible for the supervision of the planning and the optimal coordination thus to be achieved between the demand for pilotage services and the supply of the authorised pilotage service providers, as well as for the supervision of the optimal integration of the pilotage services within the nautical chain. The HMO/STM may also issue procedures to promote the aforementioned coordination and integration.

2. Without prejudice to the provisions of articles 5.1.1.6. and 5.1.1.7, the HMO/STM may at any time substitute itself for the responsible person and issue the necessary instructions relating to the planning and the mandatory operational deployment of boatmen by the relevant authorised service provider in particular.

3. If an authorised service provider fails to comply with the instructions specified in point 2 or if, for some other reason, the general interest objectives as referred to in article 5.1.1.1. may be jeopardised, the harbourmaster may permit other authorised or unauthorised service providers holding the required qualifications, to carry out a well defined pilotage service. Such permission is limited in time and place to those actions that are directly related to the urgency of the situation.

5.1.2. SPECIAL PROVISIONS FOR SERVICE PROVIDERS ARTICLE 5.1.2.1. EXCLUSIVE SERVICE PROVIDER

1. To the extent that pilotage in non-tidal areas or part thereof is entrusted exclusively to one service provider, the special conditions under which the service is to be performed shall include at least the guaranteed permanent and general availability (24/7) to satisfy any demand for pilotage at tariffs previously approved by the Port Authority in accordance with the provisions of the Tariff Regulations.

2. If an exclusive concession is in force at the time of entry into force of these provisions, it shall be continued under the applicable conditions, until the moment of termination of the concession.

ARTICLE 5.1.2.2. PROHIBITION Without prejudice to article 5 § 1, 9° of the Pilotage Decree, it is expressly prohibited for masters and skippers to use, in non-tidal areas of the port, pilotage services provided, organised or offered by a natural person or private or public legal entity other than a body authorised by the Port Authority.


5.1.3. GENERAL PROVISIONS FOR PORT USERS ARTICLE 5.1.3.1. REQUIREMENT TO USE PILOTAGE SERVICES

1. For public safety reasons, assistance by pilots in non-tidal areas of the port is mandatory, except for movements along the quay when there is a permanent fore and aft connection between ship and shore, and for masters of dredgers used as such in the port, dredgers and vessels operated by the Flemish, federal or Dutch government.

2. In particular, assistance by pilots in non-tidal areas of the port shall be mandatory for: • seagoing vessels that are not required to use a tug • seagoing vessels carrying hazardous liquids or liquefied gases, as cargo, in bulk ((gas)

tankers) on board, or having been emptied of such cargo • exceptions can be granted under specific conditions by the Harbourmaster to tankers

used in the Port to supply liquid or gaseous fuel to other vessels 3. In addition, assistance by pilots in non-tidal areas of the port is shall be required at all times

if: • visibility is less than 1000 metres • the constant wind force exceeds 6 on the Beaufort scale The occurrence of these meteorological conditions shall be assessed by the HMO/STM and communicated to the port users via the information system or communication channel provided by the HMO/STM.

4. Pilotage services shall be used under the responsibility and at the expense of the piloted vessel. Port users shall comply with the conditions imposed by the Harbourmaster at all times.

5. Depending on the size of the vessel and the waterway, the HMO may impose additional pilotage requirements in non-tidal areas of the Port, at the expense and responsibility of the vessel.

ARTICLE 5.1.3.2. EXEMPTION FROM PILOTAGE REQUIREMENT + PI

1. Contrary tho the provisions of Article 5.1.3.1, the Harbourmaster may grant exemptions from the pilotage requirement, provided the conditions of the HMO are met.

2. The exemption granted may be immediately revoked without any recourse by the Harbourmaster, if so required for public safety.

ARTICLE 5.1.3.3. EXCEPTIONAL CIRCUMSTANCES Where urgently required for public safety reasons, the Harbourmaster may, contrary to the provisions of article 5.1.3.1, grant one-off exemptions from the pilotage requirement. If there are serious indications that no pilotage service can be provided within a reasonable period, the Harbourmaster may take all measures deemed appropriate and necessary, without prejudice to the provisions of article 5.1.1.7. § 3.


5.2 Mooring and unmooring

5.2.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE ARTICLE 5.2.1.1. PUBLIC PORT SERVICE Pursuant to article 2, 3° of the Port Decree and in the general interest of maintaining public order, preserving a safe and optimal traffic flow to and from the port, and assuring a continuous, affordable and high quality mooring and unmooring service for port users, the mooring and unmooring of vessels before and behind the lock complexes as referred to in Title I, article 1.1.1. of these Municipal Port Police Regulations, is considered a public port service. ARTICLE 5.2.1.2. COMPETENT AUTHORITY Pursuant to article 4 §1 of the Port Decree, the Port Authority is solely authorised to organise this public port service within the port. ARTICLE 5.2.1.3. ESTABLISHING THE FRAMEWORK Pursuant to article 17 of the Port Decree and based on the general interest objectives referred to in article 5.2.1.1., the Port Authority establishes the framework and the conditions under which mooring and unmooring before and behind the lock complexes is to take place, including the public service obligations to be met by the entities that provide the said service within the port. ARTICLE 5.2.1.4. GENERAL AND SPECIAL CONDITIONS

1. The conditions imposed by the Port Authority on the service providers, as set out in 5.2.1.3., consist of general and special conditions. • General conditions are conditions that equally apply to all service providers that provide

mooring and unmooring services before and behind the locks in the port. • Special conditions are conditions related to the modalities of the service authorisation by

the Port Authority, as set out in articles 5.2.2.1. and 5.2.2.2. These conditions supplement or specify the general conditions.

2. The Port Authority establishes, by way of one or more regulations, the general and special conditions that are imposed on the authorised service providers. These conditions can be changed by the Port Authority if necessary.

3. The conditions in point 2 shall not affect the legal provisions to be complied with by the service providers. For the purpose of granting the authorisation as referred to in article 5.2.1.5. point 2, the Port Authority shall require service providers undertaking mooring and unmooring services within the port, to submit a declaration of honour stating that they meet the legal provisions. If a competent authority finds that an authorised service provider does not comply with these legal provisions, the Port Authority may, at the request of that authority and after the positive opinion of the HMO/STM, revoke the authorisation.


4. The HMO/STM shall ensure that, during the provision of their services, authorised service providers comply at all times with the applicable conditions for provision of the service. If not, the HMO/STM shall issue instructions to ensure compliance with the conditions.

ARTICLE 5.2.1.5. AUTHORISATIONS

1. Pursuant to article 11 §2 of the Port Decree, the Port Authority may either internally delegate the execution of mooring and unmooring operations or entrust the same, in whole or in part, to private or other public legal entities.

2. It is expressly prohibited for any natural person and any private or public legal entity to provide mooring and unmooring services in the port without prior authorisation by the Port Authority. To this end, a candidate service provider submits an application for authorisation in accordance with the procedure established by ordinance of the Port Authority. The Port Authority decides on the application for authorisation. For its decision the Port Authority seeks advice from the HMO/STM, in particular as regards compliance with the general and special conditions set out in the regulations referred to in article 5.2.1.4. point 2.

3. The authorisations referred to in point 2 may take the form of an exclusive concession, individual concession, internal procurement or public contract. The Port Authority provides justification for the system to be applied. Where necessary to ensure the general interest objectives as referred to in article 5.2.1.1, and the continuity of the service, the Port Authority may decide to change the original system and subsequently grant authorisations under a new system. The authorised service providers shall be immediately informed of the decisions taken by the Port Authority. As from the date of such a decision, no new authorisations can be granted in accordance with the effective system.

4. To the extent that the decision referred to in point 3 relates to the replacement of a system with authorisations of indefinite duration, the authorisations then in force shall end no sooner than 1 year after the decision unless otherwise agreed in consultation with the service providers concerned, but in any case no later than on the day of entry into force of the new service authorisations granted by the Port Authority under the new system. To the extent that the decision relates to the replacement of a system with authorisations of limited duration, the authorisations shall remain force for the contractually stipulated duration unless otherwise agreed in consultation with the service provider concerned. New service authorisations granted by the Port Authority can only can only take effect after expiry of this term.


6. The authorisation to carry out mooring and unmooring operations before and behind the locks in the port shall not create any right or obligation on behalf of the authorised party to carry out mooring and unmooring operations in the locks.

ARTICLE 5.2.1.6. OPERATIONAL PLANNING

1. The authorised service providers are responsible for mooring and unmooring before and behind the locks in the port and prepare a suitable operational planning for this purpose. As


stakeholders in an integrated nautical chain they are required to actively contribute to smooth and safe shipping traffic to, from and within the port.

2. To this end they are required to register their operational planning and available current capacity based on the orders received, and to transparently communicate this information to the HMO/STM via the information system or communication channel imposed by the HMO/STM. The specific modalities for the use of the common work floor of the ACC and the digital planning environment are laid down in separate agreements between the Port Authority and the authorised service providers.

3. The authorised service providers each appoint a responsible person who, operating from the common work floor of the ACC, plans and coordinates the execution of unmooring and mooring services for his organisation and, where appropriate, adjusts the said planning, whether or not instructed by the HMO/STM, for the purpose of optimising supply and demand and ensuring the optimal integration of the service within the nautical chain. These responsible persons also act as first point of contact for the HMO/STM for the tasks referred to in this article.

ARTICLE 5.2.1.7. COORDINATION ROLE OF THE HMO/STM 1. The HMO/STM is responsible for the supervision of the planning and the optimal

coordination thus to be achieved between the demand for boatmen and the supply of the authorised service providers, as well as for the supervision of the optimal integration of mooring and unmooring within the nautical chain. The HMO/STM may also issue procedures to promote the aforementioned coordination and integration.

2. Without prejudice to the provisions of article 5.2.1.6., the HMO/STM may at any time substitute itself for the responsible person and issue the necessary instructions relating to the planning and the mandatory operational deployment of boatmen by the relevant authorised service provider in particular.

3. If an authorised service provider fails to comply with the instructions from the HMO/STM as specified in point 2 or if, for some other reason, the general interest objectives as defined in article 5.2.1.1. may be jeopardised, the harbourmaster may permit other authorised or unauthorised service providers holding the required qualifications, to carry out a well defined unmooring or mooring operation. Such permission is limited in time and place to those actions that are directly related to the urgency of the situation.

ARTICLE 5.2.1.8. BERTHS During unmooring and mooring operations, service providers are required to comply with the provisions of chapter 3.2. ("Berths") and article 2.1.14.


5.2.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE SERVICE

ARTICLE 5.2.2.1. EXCLUSIVE SERVICE PROVIDER 1. If the service is entrusted to an exclusive service provider, the special conditions under which

the service is to be provided shall include at least the guaranteed permanent and general availability (24/7) to satisfy any demand for boatmen at tariffs previously approved by the Port Authority in accordance with the provisions of the Tariff Regulation.

2. The authorisation of an exclusive service provider may be granted via an exclusive concession, a public contract or via internal procurement, taking into consideration the applicable legal provisions. The conditions applicable to exclusive service are equal regardless of whether the authorisation is granted via internal procurement, an exclusive concession or a public contract.

3. To the extent that the authorisation for exclusive service is granted via the award of an exclusive concession or public contract, the Port Authority shall take into account at least the legally prescribed guarantees when establishing the procedure. The Port Authority shall suitably publicise the procedure and any changes thereto.

4. If an exclusive concession is in force at the time of entry into force of these provisions, it shall be continued under the applicable conditions, until the moment of termination of the concession.

ARTICLE 5.2.2.2. SEVERAL SERVICE PROVIDERS 1. To the extent that the Port Authority decides to open up mooring and unmooring services to

several service providers, the authorisations to be granted shall take the form of a permit granted under a permit system.

2. A candidate permit holder can at any time apply for a permit to be granted under this system. The permits are in principle granted by the Port Authority for an indefinite period of time and take effect 30 days after the decision to grant the permit.

3. If, pursuant to article 5.2.1.5. point 3, the Port Authority decides to replace the permit system with another system referred to in said article, no more permits can be issued from the date of such decision. Any permits existing at such time shall expire no later than 1 year after the publication of the decision or at the time when the service permit granted by the Port Authority takes effect.

4. The special conditions imposed by the Port Authority upon the permit holders shall include at least a guaranteed joint supply of boatmen that meets the general interest objectives as set out in article 5.2.1.1. The special conditions that are imposed shall be identical for all permit holders.

5. A licence holder who, for any reason whatsoever, desires to waive the rights and obligations under the licence shall immediately notify the Port Authority thereof by registered mail. The licence holder shall continue to provide the service under the licence for a period of 6 months from the registered mail. Upon expiry of this 6-month period, the licence will be considered revoked.

6. In the event of revocation of a licence in accordance with point 5 or pursuant to article 5.2.1.5., point 4, the Port Authority is required to consult the remaining licence holders in the


navigation area for the purpose of examining whether the service can still be provided in accordance with the general interest objectives as set out in article 5.2.1.1.

To the extent that compliance with these objectives can be ensured by the remaining licence holders, the special licence conditions are adapted to the new situation. If not, art. 5.2.1.2., point 3, applies.

5.2.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS ARTICLE 5.2.3.1. ADDITIONAL INSTRUCTIONS In the interest of nautical safety or the optimisation of the chain operation (for some areas), the HMO/STM may issue additional instructions for the service providers.

5.2.4. GENERAL PROVISIONS FOR PORT USERS ARTICLE 5.2.4.1. AUTHORISED SERVICE PROVIDER Without prejudice to the provisions of article 5.2.4.2., it is expressly prohibited for masters and skippers in the port to use mooring and unmooring services provided, organised or offered by a natural person or private or public legal entity other than a body authorised by the Port Authority. The Port Authority shall publish the list of all authorised service providers and all changes thereto. ARTICLE 5.2.4.2. MOORING OR UNMOORING BY THE VESSEL'S CREW + PI Crew members are permitted to moor or unmoor their vessel themselves. ARTICLE 5.2.4.3. BERTHS During unmooring and mooring operations, port users are required to comply with the provisions of chapter 3.2. ("Berths") and article 2.1.14.


5.3 Towage + PI 5.3.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE

TOWAGE SERVICE

ARTICLE 5.3.1.1. PUBLIC PORT SERVICE Pursuant to article 2, 3° of the Port Decree and in the general interest of maintaining public order, preserving a safe and optimal traffic flow to and from the port, and assuring a continuous, affordable and high quality towage service for port users, towage as referred to in Title I, article 1.1.1. of these Municipal Port Police Regulations, is considered a public port service.

ARTICLE 5.3.1.2. COMPETENT AUTHORITY Pursuant to article 4 §1 of the Port Decree, the Port Authority is solely authorised to organise this public port service within the port.

ARTICLE 5.3.1.3.SCOPE OF APPLICATION Since the traffic planning of the Port Authority is paramount for the Common Nautical Authority in accordance with article 8.3 of the Treaty between the Flemish Region and the Kingdom of the Netherlands concerning the Common Nautical Management in the Scheldt area, the provisions in this section are intended to expedite an integrated traffic flow insofar as it involves the use of towage services for shipping traffic to and from the Port, without prejudice to the competencies of other authorities, including the Common Nautical Authority.

ARTICLE 5.3.1.4. ESTABLISHING THE FRAMEWORK Pursuant to article 17 of the Port Decree and based on the general interest objectives referred to in article 5.3.1.1., the Port Authority shall establish the conditions under which the towing service is to take place, including the public service requirements to be met by the entities that provide said service within the Port. These conditions imposed by the Port Authority, and their supervision by the HMO/STM, are aimed exclusively at meeting the demand for towage services of port users arriving in or departing from the port, taking into account the general interests referred to in 5.3.1.1.

ARTICLE 5.3.1.5. GENERAL AND PARTICULAR CONDITIONS 1. The conditions imposed by the Port Authority on the service providers, as set out in 5.3.1.4.,

comprise general and particular conditions. • general conditions apply equally to all towage service providers in the Port. • particular conditions pertain to service authorisation procedures of the Port

Authority, as set out in article 5.3.1.6. and detailed in subsection 5.3.2 of these regulations. These conditions supplement or elaborate on the general conditions.

2. The Port Authority shall, by way of one or more regulations, establish the general and particular conditions that are imposed on the authorised service providers.

3. The conditions set out in point 2 shall not affect the legal provisions applicable to the performance of towage activities, which must be fully complied with by the service


providers. For the purpose of granting the authorisation pursuant to article 5.3.1.6, the Port Authority shall require towage service providers in the port to submit a declaration on honour stating that they meet the legal provisions. If a competent authority finds that an authorised service provider does not comply with these legal provisions, the Port Authority may, at the request of that authority and after the positive opinion of the HMO/STM, revoke the authorisation.

4. The Port Authority shall at least once a year, on proposal of the HMO/STM, establish the expected required tugboat capacity for one of the navigation areas referred to in article 5.3.1.7. Where necessary to ensure the general interest objectives mentioned in article 5.3.1.1, this information may also be used to amend the conditions referred to in point 1 and point 2 by updating the regulations referred to in point 2.

Prior to making this decision, the Port Authority shall consult the authorised service providers that may be affected by the decision, as well as the users of the service. The results of this consultation shall be taken duly into account in the decision-making process.

The Port Authority shall provide reasonable periods for the authorised service providers to enable them to comply with the amended conditions.

5. The HMO/STM shall ensure that authorised service providers comply at all times with the applicable conditions for the provision of the service to the port users. Otherwise, the HMO/STM shall issue instructions to ensure compliance with the conditions.

ARTICLE 5.3.1.6. AUTHORISATIONS 1. Pursuant to article 16 §2 of the Port Decree, the Port Authority may either internally

delegate the execution of towing operations or entrust the same, in whole or in part, to private or other public legal entities.

2. It is expressly prohibited for any natural person and any private or public legal entity to provide tug assistance in the Port without prior authorisation by the Port Authority. To this end, a candidate service provider submits an application for authorisation in accordance with the procedure established by ordinance of the Port Authority.

3. The Port Authority decides on the application for authorisation. For its decision the Port Authority seeks advice from the HMO/STM, in particular as regards compliance with the general and special conditions set out in the regulations referred to in article 5.3.1.5. point 2. The authorisations referred to in point 2 may take the form of an exclusive concession, individual concession, internal procurement or public contract. The Port Authority shall determine and justify the applicable system for each navigation area as referred to in article 5.3.1.7. Where necessary to ensure the general interest objectives as referred to in article 5.3.1.1, and the continuity of the service, the Port Authority may decide to change the original system and subsequently grant authorisations under a new system. The authorised service providers within the relevant navigation area shall be immediately informed of the decisions taken by the Port Authority. As from the date of such a decision, no new authorisations can be granted in accordance with the effective system.


4. To the extent that the decision referred to in point 3 relates to the replacement of a system with authorisations of indefinite duration, the authorisations then in force in the relevant navigation area shall end no sooner than 1 year after the decision unless otherwise agreed in consultation with the service providers concerned, but in any case no later than on the day of entry into force of the new service authorisations granted by the Port Authority under the new system. To the extent that the decision relates to the replacement of a system with authorisations of limited duration, the authorisations shall remain force for the contractually stipulated duration unless otherwise agreed in consultation with the service provider concerned. New service authorisations granted by the Port Authority can only can only take effect the day after expiry of this term.


ARTICLE 5.3.1.7.NAVIGATION AREAS For the purpose of ensuring an optimal traffic flow within the port and the efficient deployment of resources for performance of the towage service in particular, two navigation areas are distinguished within the Port: the navigation area before the locks (tidal area) and the navigation area behind the locks (non-tidal area).

ARTICLE 5.3.1.8. SCOPE OF AUTHORISATIONS The authorisation as referred to in article 5.3.1.6. always relates to one navigation area. The authorisation to carry out towage operations in the navigation area before the locks does not create any right or obligation on behalf of the authorised service provider to carry out towage operations in the navigation area behind the locks and vice versa, without prejudice to the provisions of article 5.3.1.10. point 3.

ARTICLE 5.3.1.9. OPERATIONAL PLANNING The authorised towing service providers shall be responsible for the performance of towing tasks in accordance with the operational planning drawn up by the HMO/STIM. As stakeholders in an integrated nautical chain they are required to contribute actively to smooth and safe shipping traffic to, from and within the Port.

To this end, they are required to register their operational planning and available current capacity based on the orders received, and to communicate this information to the HMO/STM transparently and continuously via the information system or communication channel specified by the HMO/STM.

The authorised towing service providers can have themselves represented on the common work floor of the ACC.

ARTICLE 5.3.1.10. COORDINATION ROLE OF THE HMO/STM 1. The HMO/STM shall be responsible for establishing and supervising the implementation of

the operational planning and the optimal reconciliation between the demand for towage services and the supply by the authorised towage service providers, as well as the optimal integration of the towage services within the nautical chain. The HMO/STM may also issue


procedures to promote the aforementioned coordination and integration by means of Port Instructions.

2. Without prejudice to compliance with the availability requirements imposed on the service providers, if the demand for services should exceed the supply, the HMO/STM shall take whatever action is necessary to ensure smooth and safe shipping traffic. In such a case, the HMO/STM will ask the relevant authorised towage service provider(s) to meet this additonal demand as soon as possible.

3. Without prejudice to compliance with the availability requirements imposed on the authorised towage service provider concerned, if the latter is unable to comply with the instructions issued by the HMO/STM as referred to in point 2, the HMO/STM may, on a temporary basis and only for the emergency situation at hand, use other authorised towage service providers in the Port to provide the required towage service.

ARTICLE 5.3.1.11. DEROGATIONS In emergency situations, the harbourmaster may call on authorised towage service providers in the Port and also, by way of derogation from article 5.3.1.6 point 2, permit an unauthorised towage service provider to perform a well-defined towage service. This one-off permission is limited to the operations that are directly related in time and space to the emergency situation.

5.3.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE TOWAGE SERVICE

ARTICLE 5.3.2.1. EXCLUSIVE SERVICE PROVIDER 1. If the service is entrusted to an exclusive towage service provider, the special conditions

under which the service is provided shall include at least the materialisation of the general interest objective of ensuring an affordable service, alongside the guaranteed availability of a sufficient number of tugboats as well as adequate equipment and personnel in accordance with these requirements. For the purpose of ensuring an affordable towage service, the Port Authority also establishes tariff regulations for this exclusive service.

2. The authorisation of an exclusive towage service provider may be granted via an exclusive concession, a public contract or via internal procurement, taking into consideration the applicable legal provisions. The conditions applicable to exclusive towage service are equal regardless of whether the authorisation for exclusive towage service in a navigation area is granted via internal procurement, an exclusive concession or a public contract. The authorisations thus granted take effect 30 days after the decision to grant the authorisation.

3. To the extent that the authorisation for exclusive towage service is granted via the award of an exclusive concession or public contract, the Port Authority shall take into account at least the legally prescribed guarantees when establishing the procedure. The Port Authority shall suitably publicise the procedure and any changes thereto.


ARTICLE 5.3.2.2. SEVERAL SERVICE PROVIDERS 1. To the extent that the Port Authority decides to open up towage services within a navigation

area to several service providers, the authorisations to be granted shall take the form of a permit granted under a permit system.

2. A candidate permit holder can at any time apply for a towage permit to be granted under this system. The towage permits are in principle granted by the Port Authority for an indefinite period of time and take effect 30 days after the decision to grant the permit.

3. The special conditions imposed by the Port Authority upon the permit holders shall include at least a guaranteed joint supply of tugboat capacity that meets the general interest objectives as set out in article 5.3.1.1. The special conditions that are imposed shall be identical for all permit holders.

4. A permit holder who, for any reason whatsoever, desires to waive the rights and obligations under the permit shall immediately notify the Port Authority thereof by registered mail. The licence holder shall continue to provide the service under the towage permit for a period of 6 months from such notification. Upon expiry of this 6-month period, the towage permit shall be considered revoked.

5. In the event of revocation of a permit in accordance with point 4 or pursuant to article 5.3.1.6., point 4, the Port Authority is required to consult the remaining permit holders in the navigation area for the purpose of examining whether the towage service can still be provided in accordance with the general interest objectives as set out in article 5.3.1.1. To the extent that compliance with these objectives can be ensured by the remaining permit holders, the special permit conditions shall be adapted to the new situation, taking into account the provisions of article 5.3.1.5, point 4. If not, art. 5.3.1.6., point 3 shall apply.

5.3.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS

ARTICLE 5.3.3.1. ADDITIONAL INSTRUCTIONS FOR SERVICE PROVIDERS In the interest of nautical safety or the optimisation of the chain operation for some areas within the Port, the HMO/STM may issue additional instructions for the service providers. The HMO/STM may delineate specific navigation areas for this purpose.

5.3.4. GENERAL PROVISIONS FOR PORT USERS

ARTICLE 5.3.4.1. UNAUTHORISED SERVICE PROVIDERS It is expressly prohibited for masters to call on towing service providers for the execution of towing operations in the port that do not hold an authorisation as referred to in article 5.3.1.6. point 2, except for the deviations provided for in article 5.3.2.1. point 4 and article 5.3.2.2. point 7.

The Port Authority publishes the list of all authorised service providers and all changes thereto.


ARTICLE 5.3.4.2. REQUEST FOR AND USE OF TUGS 1. The master or his representative shall report each request for tug assistance by an

authorised service provider, simultaneously via the IT system or communication channel specified by the HMO/STM.

2. Each request must contain at least the following information: • the identity and capacity of the applicant; • the nationality and name of the vessel, plus, for seagoing ships the dimensions (overall

length and beam), and for inland craft and floating craft the tonnage (in metric tonnes); • the required number (0,1,…..) of tugs in a navigation area, possibly linked with data on

the required pulling force; • data on the special nature of the vessel and the cargo that may affect the normal

execution of the towage operation; • for a departing or shifting vessel, indication of the time when the vessel for which tug

assistance is requested, is ready to depart or shift; • for an arriving vessel, indication of the berth where the vessel will moor and of the

estimated time of arrival at the entry point.

3. If the application relates to tug assistance for an arriving, departing or shifting ship that moves in both navigation areas, the above information relates to the towage operations in both navigation areas.

4. The master or his representative shall report each tug order simultaneously via the IT system or communication channel specified by the HMO/STM.

5. Without prejudice to the provisions of article 5.3.4.3., decisions regarding the use of tugs in the navigation areas on the river and behind the locks as well as their number, shall be the responsibility of the master who shall always act with all due precaution in accordance with good seamanship. If the master leaves the ordering of the tugs to the pilot assigned for the navigation area, such a decision will be taken at the sole responsibility of the master and for the account of the ship.

6. In addition to further port instructions the following information requirements apply for the use of tugs in the navigation area on a river:

a. For a departing or shifting vessel on a single river section: the master, his representative or agent shall submit his request for tug assistance (for confirmation by the ACC), together with his departure or shifting request pursuant to Article 3.1.1 of the Port Instructions;

b. For a vessel departing or shifting from the navigation area behind the locks: the master or his representative shall announce his request for tug assistance together with his departure or shifting request pursuant to Article 3.1.1 of the Port Instructions. Requests for tug assistance are translated into tugboat tasks which in


the port information system are made visible to the service providers and are activated at the time of release of the lock through the plan of the allocated lock. The master or his representative must place a tug order no later than before the opening of the lock gates on the riverside of the allocated lock;

c. 1° For an arriving vessel from the Lower Zeeschelde and subject to compulsory pilotage in this navigation area: the master or his representative shall lodge his request for tug assistance no later than at the time of the pilotage order. The master or his representative must place the tug order no later than before the vessel passes buoy 35;

2° For an arriving vessel from the Lower Zeeschelde without pilotage: the master or his representative shall lodge his request no later than before the vessel passes Vlissingen Road. The master must place the tug order no later than before the vessel passes buoy 35;

d. For an arriving vessel from the Upper Scheldt: the master or his representative shall lodge his request no later than 6 hours prior to arriving in Antwerp Roads. The master or his representative must place the tug order at least 3 hours prior to arriving in Antwerp Roads.

7. For tug assistance in the navigation area behind the locks, the following requirements apply:

a. For a vessel shifting from the navigation area on the river: the master or his representative shall lodge his request for tug assistance together with his shifting request. Requests for tug assistance are translated into tugboat tasks which in the port information system are made visible to the service providers and are activated at the time of release of the lock through the plan of the allocated lock. The master or his representative must place a tug order no later than the closing of the lock gates on the riverside of the allocated lock;

b. For a vessel shifting from the navigation area behind the locks within the same shore area or for a vessel departing from a navigation area behind the locks: the master or his representative shall lodge the request for tug assistance simultaneously with the departure or shifting request. The master or his representative must place the tug order no later than 1 hour before the requested time of departure or shifting.

c. For an arriving vessel coming from the Lower Zeeschelde: the master or his representative shall lodge his request for tug assistance no later than at the time of the (dock) pilotage order. The master or his representative must place the tug order no later than before the vessel passes buoy 35;

d. For an arriving vessel from the Upper Scheldt: the master or his representative shall lodge his request no later than 6 hours prior to arriving in Antwerp Roads. The master or his representative must place the tug order at least 3 hours prior to arriving in Antwerp Roads;


8. A required time of arrival (RTA) at the coordination point or an authorised time of departure can only be specified by the ACC when all requirements of 5.4.3.2 are met.

9. For purposes of optimal traffic scheduling, towage service providers are required to ensure the correct and timely registration of the start and end times of all towage operations in the IT system or communication channel imposed by the HMO/STM.

10. All of the afore-mentioned towage operations can only be started after confirmation by the ACC.

ARTICLE 5.3.4.3. TUG REQUIREMENT 1. Tankers with length greater than 120 m must always be assisted by at least 1 tug.

The tug assistance requirement shall not apply if the tankers are equipped with a working bow and stern thruster or an laternative system, or with a working bow thruster or an alternative system, and their length is less than or equal to 150 m. The mandatory tug must not be attached near the working transverse thruster during sailing.

2. Tankers with length greater than 120 m, built and used for the transport of liquid gas, are always subject to tug assistance regardless of their equipment. If, in the opinion of the master, the tug assistance requirement upon arrival or departure does not apply due to the nature of the tanker's cargo, he must submit a reasoned request to the HMO/STM, which will make the final decision on case-by-case basis.

3. Pursuant to article 2.1.6, the use of a tug is mandatory when shifting in the docks, if due to the construction of the vessel or as a result of the goods carried as deck cargo, the view from the command bridge or from the wheelhouse of the inland craft is limited, unless the objects interfering with the view are removed.

4. Without prejudice to the provisions of § 1 to § 3, the HMO may, for nautical safety reasons, require the use of one or more tugs and thereby deviate from the tugboat capacity required by the master pursuant to article 5.3.4.2 § 2 or § 3.

ARTICLE 5.3.4.4. RESPONSIBILITIES OF THE MASTER 1. The use of a tug escort, i.e. a towage operation involving a number of vessels at a time,

belongs to the autonomous authority of the HMO/STM. The command over a tug escort, however, is the responsibility of the master of the ship that is closest to the tug.

2. The master shall ensure the safety of each tug used. He is responsible for it throughout the period during which it is placed at his disposal. This period commences from the time that the tug presents itself to the vessel until the time that it sails away from the vessel after having completed its task.

3. The master shall notify the tug whenever he activates the thruster of his vessel. This should never pose any hazard to the tug or any other vessel.

4. Regardless of the sound signals specified in the shipping regulations for the Lower Zeeschelde, the following sound signals can be given in the port by the assisted or towed vessel to the assisting tugs:


Three short blasts Tow me astern Long blast, two short blasts, long blast Tow me ahead Long blast, short blast, long blast I am going to move ahead with the machine Long blast The (fore) tug is requested not to enter the lock

Very short blast Stop the requested manoeuvre

ARTICLE 5.3.4.5. ADDITIONAL SERVICES Towage assistance can be requested:

− In case of fire on board a ship − In case of fire on a concession − For a sinking vessel − For installing, maintaining and removing a wreck buoy to delineate a sunken vessel or an

object that interferes with shipping, as set out in Article. 2.1.17. This enumeration is not exhaustive. Any other service for which a tug boat is required, is considered an additional service.

The tariffs for additional services by the exclusive service provider are included in a tariff regulation, as set out in Article 5.3.2.1.

5.3.5. SPECIFIC PROVISIONS FOR PORT USERS + PI

ARTICLE 5.3.5.1. ADDITIONAL INSTRUCTIONS FOR PORT USERS In the interest of nautical safety or the optimisation of the chain operation for some areas within the Port, the HMO/STM may issue additional instructions for the port users. To this end, the HMO/STM can delimit specific areas within which additional requirements can be imposed.

ARTICLE 5.3.5.2. PILOT In the navigation area behind the locks, the use of tug assistance is mandatorily linked with the use of a pilot.

ARTICLE 5.3.5.3. LILLO BRIDGE Ships with length greater than 300 m, breadth greater than 54 m or with draught of 15.5 m, require 2 pilots and 2 tugs when passing under the Lillo bridge. Max. wind force is 5 Beaufort (measured by the anemometer at the Boudewijn lock). The HMO/STM may impose additional conditions or measures at any time.

ARTICLE 5.3.5.4. ANTWERP GAS TERMINAL Gas tankers arriving at or departing from the Antwerp Gas Terminal are subject to the following tug requirements: - gas tankers with length less than 120 m: 1 tug - gas tankers with length greater than 120 m: 2 tugs


ARTICLE 5.3.5.5. SOUTHERN INLET BASIN Ships with draught greater than 11.5 m require 2 tugs at jetty 1117 in the southern inlet basin (LB).

ARTICLE 5.3.5.6. INLET BASIN 1 Seagoing ships whatever their dimensions or cargo require 1 tug at jetty 625A in inlet basin 1 (RB).

ARTICLE 5.3.5.7. DELWAIDE DOCK Ships with breadth greater than 45 m require at least one tug when going ahead to enter or leave the Delwaide Dock.

Ships for which it is not known in advance whether they can swing* and ships going astern to enter or leave the Delwaide Dock, are subject to the following requirements: - ships with length less than 180 m: no tug required - ships with length from 180 to 250 m: 1 tug required - ships with length greater than 250 m and with a properly working bow thruster: 1 tug required - all other cases: 2 tugs required - from wind force 6 all ships with length greater than 250 m are required to use two tugs

*By this is meant: - Arriving ships to be moored with bow in the western direction - Departing ships moored with bow eastern direction

5.3.6. TRANSITIONAL PROVISIONS

ARTICLE 5.3.6.1.TRANSITIONAL PROVISIONS 1. The entities that ensure the towage service in the Port at the time of entry into force of this

Port Police Regulations are required, at the first convenient opportunity and within a period of maximum 6 months from the date of entry into force of the regulations referred to in article 5.3.1.5 point 2, to undertake the necessary steps to obtain an authorisation in accordance with the system chosen for the relevant navigation area by the Port Authority.

2. By way of derogation from article 5.3.1.6 point 2, first paragraph, the entities referred to in point 1 are not required to hold an authorisation for the provision of towage services for the period commencing on the day of the entry into force of these Port Police Regulations until the day of the decision of the Port Authority relating to the authorisation(s) to be granted as referred to in points 1 and 3, increased by a period of 30 days.

3. If the entities referred to in point 1 fail to act in accordance with the provisions thereof, or if they are not granted an authorisation, the Port Authority shall be required to guarantee in any case the service in this navigation area, if necessary by

a. either granting authorisation via a system other than the system chosen in point 1, b. or examining with the service providers already authorised at that time whether the

towage service can be provided in accordance with the general interest objectives as set out in article 5.3.1.1. To the extent that compliance with the objectives referred to in article 5.3.1.1 can be guaranteed, the special conditions are adapted to the new circumstances, taking into account the provisions of article 5.3.1.5 § 4. If not, the Port Authority is required to take a decision in accordance with point 3a.

4. The Port Authority must take the decisions referred to in point 3a within a period of 12 months from the entry into force of the regulations referred to in article 5.3.1.5 point 2.


5.4 Oil spill control

5.4.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE ARTICLE 5.4.1.1. PUBLIC PORT SERVICE Pursuant to article 2, 3° of the Port Decree and for the purpose of optimal protection of the environment and the port's harbour infrastructure from harm and to ensure a safe and economically optimal traffic flow within the port, the service related to the containment and clean-up of oil spills (hereinafter called ‘oil calamity service’) is a public port service. ARTICLE 5.4.1.2. COMPETENT AUTHORITY Pursuant to article 4 §1 of the Port Decree, the Port Authority is in principle solely authorised to organise this public port service within the port. Considering the decision of the Flemish Region, pursuant to art. 16 § 1 of the Port Decree, to itself exercise its competency regarding the organisation of public port services, in this case oil spill control, in the tidal area of the port, the following regulation is however limited to the non-tidal area of the port and the Deurganck Dock. ARTICLE 5.4.1.3. ESTABLISHING THE FRAMEWORK Pursuant to article 17 of the Port Decree and based on the general interest objectives referred to in article 5.4.1.1., the Port Authority establishes the framework and the conditions under which the oil spill service is to take place in the non-tidal area of the Port and the Deurganck Dock, including the public service obligations to be met by the service provider(s) which is (are) authorised to provide this service.

5.4.2. GENERAL PROVISIONS FOR SERVICE PROVIDERS ARTICLE 5.4.2.1. AUTHORISATIONS From the entry into force of the contingency plan, It is expressly prohibited for any natural person and any private or public legal entity to provide oil spill services in the non-tidal area of the port and the Deurganck Dock without prior authorisation by the Port Authority. The authorisation to provide oil spill services in the non-tidal area of the Port and the Deurganck Dock is granted through the award of a public contract. Where necessary to ensure the general interest objectives referred to in article 5.4.1.1. and the continuity of the service, the Port Authority may, upon expiry of the contract, decide to organise the service in a manner other than through the award of a public contract to a service provider, notably through a concession or the introduction of a permit system. In that case the Port Authority shall establish a regulation laying down the procedure and the conditions to be imposed on the authorised service provider(s). For this, the Port Authority shall seek the advice of the HMO. The Port Authority shall publicise the list of authorised service provider(s).


5.4.3. GENERAL PROVISIONS FOR PORT USERS ARTICLE 5.4.3.1. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS PENDING THE ENTRY INTO FORCE OF THE OIL SPILL CONTINGENCY PLAN Without prejudice to the provisions of article 2.1.2., the polluter shall immediately take all appropriate measures to:

1. stop the leak or the source of the contamination; 2. contain and mitigate the pollution through the installation of a screen; 3. have clean-up work carried out on the ship, the port infrastructure and other contaminated

vessels, at its expense; 4. have the contamination of the dock water skimmed off or sucked off by an adequate

installation. After each intervention, the emulsion shall immediately be sent to a recognised disposal facility. Upon completion, the disposal and final destination certificates shall be submitted to the Port Authority.

5. contact a shipping expert recognised by the Court of Commerce in accordance with art. 2.1.2.;

6. immediately report all actions taken and changes.

If the polluter fails to take the aforementioned measures within a reasonable period, the HMO shall order these measures to be implemented at the expense and responsibility of the polluter. ARTICLE 5.4.3.2. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS + PI

1. All containment and clean-up works deemed necessary by the Port Authority from a nautical, safety and/or ecological viewpoint for clean-up of contaminated ships, surface water or port infrastructure, shall be carried out at the expense of the polluter by a service provider authorised by the Port Authority. It is expressly prohibited for masters or other port users to have work carried out in the non-tidal area of the port and the Deurganck Dock by oil spill service providers not in possession of an authorisation as referred to in article 5.4.2.1.

2. Without prejudice to the foregoing, the polluter or any other port user involved shall immediately and to the extent that it has access to the resources reasonably provided for this purpose and compliant with the relevant provisions of the code of good practice: a. stop the leak or the source of the contamination; b. take all protective measures, including the fitting of oil screens or the application of oil

absorbent materials, in order to contain or mitigate the pollution, pending further containment and clean-up work sub 1.

5.4.4. OTHER PROVISIONS FOR PORT USERS (POLLUTERS AND OTHER PORT USERS) ARTICLE 5.4.4.1. OTHER PROVISIONS FOR PORT USERS The general provisions of article 2.1.2 apply, in particular the prohibited use of detergents or dispersants and the possibility for the HMO to stop all work on the ship and all loading/unloading operations until completion of the clean-up works. Without prejudice to the provisions of article 2.1.2. sub 2 e and f on the duty of notification for masters or skippers and sub 8 on the duty of notification for port users as witness, the polluter or any other port user shall notify the oil spill forthwith.


Without prejudice to article 2.1.2. sub 7, the polluters and the other port users involved shall provide full assistance to the authorised service provider during the containment and clean-up works.


5.5.Bunkering ARTICLE 5.5.1. BUNKERING PERMITS + PI 1. Conventional: Within the port, companies are permitted to provide bunkering services, provided they hold a permit issued by the Port Authority. A candidate service provider may at any time submit an application in accordance with the procedure established by the Port Authority. The application must include the specific procedures for the relevant bunkering service. The permit may impose special conditions as depending on the procedures specified in the application. However, if certain changes occur, they must be communicated immediately to the Harbourmaster's Office. The latter will then decide whether the accreditation may or may not be maintained. The same applies for changes relating to certificates, tonnage certificates, calibration certificates or related documents. 2. LNG from a bunker ship: The request for a permit for bunkering via ship must reach the HMO at least 14 working days before the first bunker operations.

ARTICLE 5.5.2. COMPLIANCE WITH CONDITIONS The HMO/STM shall ensure that, during the provision of their services, permit holders comply at all times with the applicable conditions and safety regulations. If not, the HMO/STM shall issue instructions to ensure compliance. In case of non-compliance with the aforementioned instructions, the Port Authority may, upon the proposal of the HMO, revoke or temporarily suspend an authorisation after having heard the service provider. Without prejudice to the foregoing, the harbourmaster may at any time prohibit or stop a bunkering operation or impose another safety measures, if urgent required for public safety reasons. ARTICLE 5.5.3. SAFETY PROVISIONS Without prejudice to the provisions of article 5.5.1, the provisions set out in chapter 3.7 of these regulations shall be complied with during bunkering.


ARTICLE 5.5.4. CONDITIONS FOR BUNKERING OPERATIONS IN DEURGANCK DOCK Considering the specific location all bunkering activities must be performed with utmost care and professionalism to avoid any oil spills. If an oil spill should occur, the chief dockmaster quay 602 must immediately be informed.


6 PENAL AND FINAL PROVISIONS Article 6. 1. IMPLEMENTATION CONDITIONS 1.The harbourmaster is responsible for the enforcement of these regulations. 2.The guidelines and practical implementation of the procedures and requirements set out in these regulations are governed by the corresponding PORT INSTRUCTIONS, published on the website of the Port Authority. The numbering of the port instructions refers to the relevant articles of these regulations. 3.For special (temporary) situations, the HMO may establish regulations that are issued as nautical notices to the interested parties, and also published on the aforementioned website. Article 6. 2. LAW OF 5 MAY 1936 Any breach of the provisions of these regulations and/or orders, including oral orders from the harbourmaster, shall be punished as provided for in the law of 5 May 1936 establishing the status of harbourmasters, without prejudice to any civil recourse by the Port Authority for any possible damage caused. Article 6. 3. IMMEDIATE COLLECTION The harbourmaster is entitled to propose immediate collection in accordance with the law of 5 May 1936. Article 6. 4. ABOLITION AND TRANSITIONAL PROVISIONS The Municipal Port Police Regulations, approved by the Municipal Council of the City of Antwerp at the meeting of 21 February 2000 and amended by the Municipal Council at the meetings of 25 February 2002, 13 September 2004, 24 February 2014 and 15 December 2014 are withdrawn and replaced with these Municipal Port Police Regulations. The Regulations for the handling of second hand vehicles in the port, approved by the Municipal Council of the City of Antwerp at the meeting of 9 March 2012, is withdrawn and replaced with articles 4.9.1 up to and including 4.9.10 of these Municipal Port Police Regulations.

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MUNICIPAL PORT POLICE REGULATIONS - Port of … port... · MPPR – Antwerp Port AuthorityPage 1 MUNICIPAL PORT POLICE REGULATIONS Municipal council decision of 19 December 2016 •