At Pivdenny seaport the departure of vessel was banned at request of the State Environmental Inspectorate
05 July 2019, 11:12
From July, 2 to 4 the vessel was under loading at TIS terminal.
Basing on the claims submitted by the State Environmental Inspectorate of the Crimea and Chernomorsk District (Госэкоинспекция) the Acting Harbour Master of Pivdenny sea port appointed by the Maritime Administration banned Anangel Happiness vessel (with Greece flag) from leaving the port. It was stated in the Harbour Master’s order available to the Ports of Ukraine website.
Within 2-4 July the vessel was under loading at TIS terminal and at present the final loading has nearly finished at the SE ‘Pivdenny Sea Trade Port’
‘Pursuant to the request of the State Environmental Inspectorate of the Crimea and Chernomorsk District No. 53 concerning prohibition of the vessel’s departure from sea port due to environmental harm and failure to pay fines or claims for violation of environmental legislation as well as being guided by Article 91 of the Merchant Shipping Code of Ukraine, I hereby prohibit exit of Anangel Happiness vessel (IMO 9470923) from the water area of Pivdenny Sea Port’ the document says.
This order was signed by the Acting Head of the Department of Navigation Safety Control for Maritime and River Transport at Pivdenny Sea Port, the Harbour Master of Pivdenny Sea Port M.O. Salenko. Whereas according to the information provided on website of the Ukrainian Sea Ports Administration the Harbour Master is Viktor Shigotskii.
At present the Harbour Masters are under pressure and in order to avoid problems they either flee on a sick leave or agree to ban departure of vessels from the ports at the request of ‘environmental inspectors’.
According to the letter of Anangel Happiness vessel’s agent, Portinvest Logistics Company, addressed to Dmitrii Petrenko, Head of the Maritime Administration and Viktor Shigotskii, the Harbour Master of Pivdenny Sea Port, on 2 July inspectors of the State Environmental Inspectorate posing as agents entered the port area and selected surface water samples in the water areas as well as boarded the vessel. On the basis of the ‘environmental impact assessment’ a damage to the amount of USD 58,378.32 was calculated for the alleged pollution of inland marine waters.
‘At the same time no procedure for sampling and accruing losses has been established. Collection of samples on vessels and in territorial waters has been temporarily banned for the State Environmental Inspectorate by the Resolution of the CMU No.367 dated 27 March 2019’ as indicated in the letter. Therefore, the agency company emphasizes that the Harbour Master of Pivdenny Sea Port has no legitimate grounds for rejection to issue a permit for leaving the port by the vessel.
Earlier the Odessa Regional Administrative Court withdrew a fine imposed by the State Environmental Inspectorate of the Crimea and Chernomorsk District (Gosekoinspektsiia) to Gertrude Oldendorff vessel (with Portuguese flag) which had been accused by the Ukrainian environmental experts in polluting the port water areas by hauling isolated ballast in July 2018.
In March 2019 the Primorskiy District Court of Odessa delivered a judgement regarding unlawful detention of Manzanillo vessel at Chernomorsk sea port by employees of the State Environmental Inspectorate of the Crimea and Chernomorsk District in January 2019 and imposing a fine for alleged environmental pollution.
In April 2019 Vladimir Groisman, the Prime Minister, signed Resolution of the Cabinet of Ministers of Ukraine No. 367 dated March 27, 2019 ‘Some Issues of Deregulation of Economic Activity’. The Resolution, inter alia, abolished control of the isolated ballast as well as coordination of the overload technology for each type of cargo with the State Inspectorate, and the procedure for detecting discharges of pollutants from vessels was brought into conformity with the requirements of MARPOL 73/78. In addition, the Resolution establishes that inspections of waters on the vessels shall not be carried out by the State Environmental Inspectorate until the procedure for conducting inspections, taking water samples and analysing them comes into effect.
‘The government's decision taken with support of the Prime Minister of Ukraine, Vladimir Groisman, will not only resolve one of the most problematic issues in the relationship between business and representatives of the State Environmental Inspectorate, but will also bring operating rules at the Ukrainian ports into line with international conventions which Ukraine has previously joined in. I am grateful to the government for balanced position on further deregulation and increasing investment attractiveness of our ports’, commented on the event Mr Raivis Veckagans, Acting Chairman of the USPA.
According to the preliminary assessment of representatives of the maritime business community, due to the unresolved issues with the State Environmental Inspectorate which for the past 16 months has caused downtime of the vessels in sea ports the total amount of losses may reach USD 200 million annually in the form of uncreated GDP and under-received state and business profits.