On the Approval of Regulations on Entry and Stay of Warships and Government Ships of Foreign States in Klaipėda State Seaport, Regulations on Submission and Examination of Applications for Mooring of Lithuanian Navy Warships and Approval of the List of Be


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Official translation
GOVERNMENT OF THE REPUBLIC OF LITHUANIA
 
RESOLUTION No 277
 
of 20 March 2006
 
ON the approVal of Regulations ON entry and stay OF warships and government ships of foreign states in Klaipėda State Seaport, Regulations On submission and examination of applications for MOORIng of Lithuanian Navy warships And approval of the list of berths situated in the Non-military territory of the port reserved for priority mooring and stay of Lithuanian navy warships on duty and for warships of foreign states
 
Vilnius
 
Acting pursuant to Paragraph 3 of Article 4 and Paragraph 4 of Article 8 of the Law on Klaipėda State Seaport of the Republic of Lithuania (Valstybės Žinios (Official Gazette), No 53-1245, 1996; No 75-2265; 2000, No 123-5519, 2002), and implementing Paragraph 3 of the Principles of Imposition of Klaipėda State Seaport Dues, approved by Resolution No 226 of the Government of the Republic of Lithuania of 13 February 2002 (Valstybės Žinios (Official Gazette), No 17-673, 2002), the Government of the Republic of Lithuania has  r e s o l v e d:
1. To approve annexed hereto:
1.1. Regulations on Entry and Stay of Warships and Government Ships of Foreign States in Klaipėda State Seaport;
1.2. Regulations on Submission and Examination of Applications for Mooring of Lithuanian Navy Warships;
1.3. List of Berths Situated in the Non-Military Territory of the Port Reserved for Priority Mooring and Stay of Lithuanian Navy Warships on Duty and for Warships of Foreign States.
2. To repeal:
2.1. Resolution No 1301 of the Government of the Republic of Lithuania of 4 October 1995 on the Entry of Foreign Warships and other State-Owned Non-commercial Vessels into the Klaipėda State Sea Port and Rules Regulating their Staying in it, and on the Approval of the Procedure of Permit Issuance to Foreign Ships Subject to the Right to Hold Permit (Valstybės Žinios (Official Gazette), No 83-1889, 1995);
2.2. Resolution No 1396 of the Government of the Republic of Lithuania of 13 December 1999 on the Partial Amendment of Resolution No 1301 the Government of the Republic of Lithuania of 4 October 1995 of on the Entry of Foreign Warships and other State-Owned Non-Commercial Vessels into the Klaipėda State Sea Port and Rules Regulating their Staying in it, and on the Approval of the Procedure of Permit Issuance to Foreign Ships Subject to the Right to Hold Permit (Valstybės Žinios (Official Gazette), No 107-3115, 1999);
2.3. Resolution No 183 of the Government of the Republic of Lithuania of 21 February 2001 on the Approval of the List of Berths Reserved for Mooring and Staying of Lithuanian Navy Warships on Duty and for Warships of Foreign States and Procedure for Submission of Applications for Mooring of Warships, Supply of Services and Provisions for Payment of Levies (Valstybės Žinios (Official Gazette), No 18-545; 2003, No 52-2327, 2001);
2.4. Resolution No 757 of the Government of the Republic of Lithuania of 20 June 2001 Amending Resolution No 1301 of the Government of the Republic of Lithuania of 4 October 1995 on the Entry of Foreign Warships and other State-Owned Non-commercial Vessels into the Klaipėda State Sea Port and Rules Regulating their Staying in it, and on the Approval of the Procedure of Permit Issuance to Foreign Ships Subject to the Right to Hold Permit (Valstybės Žinios (Official Gazette), No 53-1889, 2001);
2.5. Paragraphs 1 and 4 of Resolution No 651 of the Government of the Republic of Lithuania of 27 May 2003 Amending and Repealing Certain Resolutions of the Government of the Republic of Lithuania“ (Valstybės Žinios (Official Gazette), No 52-2327, 2003).
 
 
 
Prime Minister                                                                                     Algirdas Brazauskas
 
 
Minister of National Defence                                                                         Gediminas Kirkilas
 
 
 
Approved
by Resolution No 277 of the Government of the Republic of Lithuania
of 20 March 2006
 
Regulations ON entry and stay of THE foreign
warships and government ships in Klaipėda State Seaport
 
I. GENERAL PROVISIONS
 
1. Regulations on Entry and Stay of Warships and Government Ships of Foreign States in Klaipėda State Seaport (hereinafter – these Regulations) shall set the procedure for entry into the Klaipėda State Seaport (hereinafter – the port) of foreign warships and other government ships operated for non-commercial purposes (hereinafter – government ships, or ships when referred to both types), submission and examination of applications for mooring of foreign warships and other requirements related to their stay in the port.
2. For the purposes of these Regulations the following definitions shall apply:
Unit of warships of NATO Member Countries (hereinafter – the NATO unit) shall mean a unit of warships, consisting of warships of more than one NATO Member Country, bearing external marks distinguishing subordination of such ships to the NATO unit, under the command of an officer duly commissioned by a NATO institution.
Forced entry – shall mean an entry into the port of a ship in case of emergency, namely an accident, a natural disaster, other threats to ship safety, towage of damaged ships, as well as emergency medical aid, delivery of rescued persons or for other compelling grounds;
Category A and B official guests of the Republic of Lithuania (hereinafter – official guests) shall have the meaning defined in the Regulations on the Reception of Official Guests in the Republic of Lithuania, approved by Resolution No 1485 of the Government of the Republic of Lithuania of 27 November 2003 (Valstybės Žinios (Official Gazette) No 113-5077, 2003).
3. Other terms used in these Regulations shall be understood as defined in the Law on Klaipėda State Seaport of the Republic of Lithuania (Valstybės Žinios (Official Gazette), No 53-1245, 1996).
 
II. ENTRY INTO PORT AND ISSUE OF PermitS for entRY INTO the PORT
4. Ships may enter into the port only subject to the permit of the Ministry of Foreign Affairs of the Republic of Lithuania (hereinafter – the Ministry of Foreign Affairs) with exceptions set forth in paragraphs 9 and 13 of these Regulations.
5. The application for the permit shall be submitted to the Ministry of Foreign Affairs by an institution of the foreign state (hereinafter – the applicant) through the diplomatic mission at least 30 working days prior to the expected date of a ship’s entry into the port; in case of the visit of official guests it shall be submitted at least 7 working days prior to the expected date of a ship’s entry into the port.
6. Not later than on the next working day after the date of receipt of the application, the Ministry of Foreign Affairs shall forward the application for the permit for entry into the port to a ministry competent to deal with the issues directly connected with the purpose of the visit or a functional purpose of a specific ship, also to the Ministry of National Defence, the Ministry of Transport and Communications, the Ministry of the Interior and, if necessary, to other public authorities and municipal institutions (hereinafter – institutions), which, within at least 5 working days from the date of receipt of the application from the Ministry of Foreign Affairs, shall submit their conclusions on the permit for entry into the port; in case of a visit of official guests conclusions shall be submitted not later than within the next working day after the date of receipt of the application from the Ministry of Foreign Affairs. Having assessed the received conclusions, the Ministry of Foreign Affairs shall make the final decision on the permit for entry into the port.
7. While considering the application for entry into the port, institutions shall evaluate the purpose of a ship entering into the port, interests of foreign policy of the Republic of Lithuania, security of the State and other national interests.
8. The Ministry of Foreign Affairs shall notify the diplomatic mission and institutions of the applicant’s state that were consulted on the permit for entry into the port on its final decision within at least 20 working days from the date of receipt of the application; in case of a visit of official guests the notice shall be given within at least 5 working days from the date of receipt of the application.
9. Permits for entry into the port of foreign ships arriving for international operations, international exercises and other military co-operation events in the territory of the Republic of Lithuania (hereinafter – the ships arriving for the purpose of military co-operation) shall be issued by the Commander of the Lithuanian Naval Forces of the Lithuanian Armed Forces (hereinafter – Lithuanian Naval Forces) within at least 10 working days from the date of receipt of the application when, according to the procedure set forth in the Law on International Operations, Military Exercises and other Military Events of the Republic of Lithuania (Valstybės Žinios (Official Gazette), No 58-1133, 1994; No 13-465, 2002) authorisation for arrival of foreign military units, servicemen and civil servants assigned to the armed forces in such international operations, military exercises and other military events in the territory of the Republic of Lithuania is granted. Not later than on the next working day after the date of issue of the permit for entry into the port, the Lithuanian Naval Forces shall inform the State Enterprise Klaipėda State Seaport Authority (hereinafter – the Port Authority), the Coast Guard Brigade of the State Border Guard Service at the Ministry of the Interior (hereinafter – the Coast Guard Brigade) and the person who submitted the application for the permit for entry into the port.
10. The application for the permit for entry into the port of a ship arriving for the purpose of military co-operation shall be submitted to the Commander of the Lithuanian Naval Forces by a defence attaché or another diplomatic agent of the diplomatic mission of the foreign state to which the ship belongs or the Commander of the Naval Forces of that state or his authorized person; the application for the permit for entry into the port of the NATO unit shall be submitted by the commander of the NATO unit or his authorized person or by a NATO institution, to which this NATO unit is subordinate at least 30 working days prior to the expected date of a ship’s entry into the port.
11. The application for the permit for entry of the government ships into the port shall include:
11.1. the number of ships, the type, name and main particulars (displacement, gross tonnage, length, width, maximum draught) of each ship;
11.2. the purpose of a visit (in case of a visit of an official guest, the guest’s name and position, and the type of a visit shall be given);
11.3. the date and time of arrival and departure;
11.4. the name of the master and the total number of other crew members of each ship;
11.5. the service requested.
12. The application for the permit for entry of foreign warships into the port should include:
12.1. the number of warships; the class (type), name, side numbers, and the main particulars (displacement, gross tonnage, length, width, maximum draught), type of the main propulsion, and armament of each ship;
12.2. the purpose of a visit (in case of a visit of an official guest, the guest’s name and position, and the type of a visit shall be given);
12.3. the date and time of arrival and departure;
12.4. the name and rank of the commander (master) of each warship and of the commander of the unit of warships;
12.5. names, ranks and/or position of crew members, and other servicemen and civil servants assigned to the armed forces on-board;
12.6. the power of ships’ radio stations and frequencies intended to be used during the stay in the port;
12.7. the service requested.
13. A decision to authorise the forced entry of a ship into the port shall be made by the Lithuanian Maritime Safety Administration with the approval of the Commander of the Lithuanian Naval Forces who shall immediately present his conclusion on the authorisation of the forced entry to the Lithuanian Maritime Safety Administration. Having received the decision of the Lithuanian Maritime Safety Administration to authorise the forced entry of a ship into port, the Port Authority, following the procedure set forth in legal acts, shall decide on the mooring location (berth) assigned to a ship, and set the duration of the stay of a ship in the port (normally not exceeding 5 working days), which may be extended, if required. In case of the forced entry, the commander (master) of a ship shall transmit a report message addressed to the Lithuanian Maritime Safety Administration, the Port Authority and Commander of the Lithuanian Naval Forces that shall include specific information on the causes for the forced entry and on the assistance required.
14. The Lithuanian Maritime Safety Administration shall inform the Ministry of Foreign Affairs on the decision to authorise the forced entry of a ship into the port and on the departure of a ship at the expiry of the permit for its stay in the port on the grounds of the forced entry. The Lithuanian Maritime Safety Administration shall also inform the Coast Guard Brigade on the decision to permit the entry of a ship that is forced to enter the port, the mooring location (berth) of this ship and on its departure at the expiry of the permit for its stay in the port on the grounds of forced entry.
15. The duration of the stay of ships in the port shall not exceed 5 working days, unless it is otherwise specified in the issued permit. Before the departure from the port, the commander (master) of a ship shall notify the Lithuanian Maritime Safety Administration, the Port Authority and the Commander of the Lithuanian Naval Forces thereof.
 
III. SUBMISSION AND EXAMINATION OF APPLICATIONS FOR MOORING of FOREIGN WARSHIPS
 
16. The mooring location of foreign warships in the port shall be agreed on between the Port Authority and an authorized person from a ministry competent to deal with the issues directly connected with the purpose of a visit or a functional purpose of a specific foreign ship, while the mooring location of a ship arriving for the purpose of military co-operation in the port shall be agreed on between the Port Authority and the Commander of the Lithuanian Naval Forces or his authorized person.
17. A person authorized by a ministry competent to deal with the issues directly connected with the purpose of a visit or a functional purpose of a specific ship, shall submit to the Port Authority an application for mooring of foreign warships at berths, included into the list of berths situated in the non-military territory of the port reserved for priority mooring and stay of Lithuanian navy warships on duty (hereinafter – the list) along with the copy of the application for the permit for entry into the port not later than on the next working day from the date of receipt of information on the issued permit for entry into the port following the procedure set forth in paragraph 8 of these Regulations; in case of a visit of official guests – not later than on the next working day from the date of receipt of information on the application for the permit for entry into the port following the procedure set forth in paragraph 6 of these Regulations. The Commander of the Lithuanian Naval Forces or his authorized person shall submit to Port Authority an application for mooring of foreign warships holding the permit for entry the port issued following the procedure set forth in paragraph 9 of these Regulations at berths included into the list; the application shall be accompanied by the copy of the application for the permit for entry into the port not later than on the next working following the date of issue of the permit for entry into the port.
18. Having submitted the application for the permit for stay in the port following the procedure set forth in paragraph 14 of these Regulations, the commander (master) of a ship shall submit to the Port Authority a copy of the above-mentioned application accompanied by an application for mooring of a foreign warship at berths included into the list not later than 4 working days prior to the expiry of the permit for stay in the port on the grounds of the forced entry.
19. The Port Authority shall consider the application for mooring of foreign warships and at least within 3 working days shall give a written notice which shall include numbers of the berths allocated for mooring of a foreign warship, depth at the berths and information on possible port services for warships moored at these berths. 
20. When a foreign warship could not be moored at berths included into the list, the Port Authority shall allocate another berth available for mooring.
21. When a specific berth will be vacant (no cargo ships will be moored) for more than 48 hours, the port land operator must notify the Port Authority thereof. The Port Authority shall have the right to use the vacant berth for handling of other ships (warships, government ships, cruise and passenger ships) subject to approval of the port land operator.
 
IV. OTHER REQUIREMENT RELATED TO the STAY OF SHIPS IN the PORT
 
22. Supply to ships shall be organised and other issues related to the stay of ships in the port shall be coordinated by authorized persons of the ministry competent to deal with the issues directly connected with the purpose of a visit or a functional purpose of a specific ship.
23. Supply to ships shall be organised and other issues related to the stay of ships arriving for the purpose of military co-operation in the port shall be coordinated by the Commander of the Lithuanian Naval Forces or his authorized person.
24. Ships used by foreign military units, servicemen and civil servants assigned to the armed forces that according to the procedure prescribed in the Law on International Operations, Military Exercises and other Military Events of the Republic of Lithuania are authorised to arrive to the Republic of Lithuania shall be exempt from port dues.
25.  For the provided services and supply to ships foreign states shall pay to service providers.
26. Supply to ships arriving for the purpose of military co-operation as well as other services may be provided and/or financed from the State Budget appropriations to the Ministry of National Defence by decision of the Minister of National Defence or according to the provisions of arrangements between the Ministry of National Defence or Lithuanian Armed Forces and institutions of international organizations or foreign states.
27. Crew members and other persons on board may disembark according to the procedure established by laws and other legal acts of the Republic of Lithuania establishing the legal regulations of the State border crossing.
28. The procedure for permitting the crew of the warship, as well as its other servicemen and civil servants assigned to the armed forces to disembark (the number of people, their leave and return time, etc.) shall be agreed on between the commander (master) of a ship and the Commander of the Lithuanian Naval Forces. Armed troops may disembark to participate in grand ceremonies only subject to an authorisation by the Commander of the Lithuanian Naval Forces.
29. Customs control for crew members and other persons on board of ships, ships and goods on board of ships shall be carried out following the procedure established by laws and other legal acts of the Republic of Lithuania.
30. Value added tax and excise duty exemptions with respect to goods and services to be used by military units, servicemen and civil servants assigned to the armed forces of NATO Countries shall be applied following the procedure established by laws and other legal acts of the Republic of Lithuania.
31. The artillery salute shall be agreed with the Commander of the Lithuanian Naval Forces.
32. While staying in port ships shall be prohibited from:
32.1. carrying out scientific research, unless this is agreed on following the procedure established by legal acts;
32.2. organizing armed manoeuvres and training, unless this is agreed on following the procedure established by legal acts;
32.3. using radiolocation, other radio equipment, and hydroacoustics devices, unless this is necessary for the safety of a ship and is agreed on following the procedure established by legal acts;
32.4. descending divers into water and carrying out activities underwater, except when in case of necessity to observe or repair the underwater parts of a ship the commander (master) of a ship has obtained a consent of the Commander of the Lithuanian Naval Forces and Port Authority.
 
V. FINAL PROVISIONS
 
33. When a ship violates laws and other legal acts of the Republic of Lithuania, measures shall be taken following the procedure established by legal acts to cease illegal acts and to proceed against guilty persons. If necessary, the Commander of the Lithuanian Naval Forces shall demand the commander (master) of a ship to cease illegal acts. When this demand is disregarded, the institution that issued the permit for entry into the port or stay in the port may deny the entry of a ship into the port or may oblige a ship to leave the port within a set period of time; institutions of the state owning a ship that have the right to apply for the permit for entry into the port shall be informed thereof.
 
 
––––––––––––––––
 
Approved
by Resolution No 277 of the Government of the Republic of Lithuania
of 20 March 2006
 
 
REGULATIONS on SUBMISSION AND EXAMINATION OF APPLICATIONS FOR MOORING of LITHUANIAN NAVY WARSHIPS
 
 
1. The Regulations on Submission and Examination of Applications for Mooring of Lithuanian Navy Warships (hereinafter – the Regulations) shall establish the procedure for submission and examination of applications for mooring of Lithuanian navy warships (hereinafter – warships) at berths in the non-military territory of the port.
2. Commander of the Lithuanian Naval Forces or his authorized person shall submit an application to the State Enterprise Klaipėda State Seaport Authority (hereinafter – the Port Authority) for mooring of warships at berths, included into the list of berth situated in the non-military territory of the port reserved for priority mooring and stay of Lithuanian navy warships on duty (hereinafter – the list) 10 working days prior the expected day of mooring at these berths.
 
3. The application shall include:
3.1. the purpose of stay of the warship(s);
3.2. the number of warships, class (type) and name (side number) of each warship;
3.3. the main particulars on each warship (gross tonnage, length, width, draught);
3.4. ranks and names of the commander and crew members of each warship;
3.5. duration of stay of each warship at these berths;
3.6. the services requested.
4. The Port Authority shall examine the received application and at least within 3 working days shall submit a written notice to the Commander of the Lithuanian Naval Forces or his authorized person, which shall include:
4.1. numbers of the berths allocated for mooring of the warship(s), depth at these berths;
4.2. information on possible services for ships at these berths. 
5. In case of the forced entry into the port the Commander of the Lithuanian Naval Forces or his authorized person shall submit an application to the Port Authority for mooring of warships, which shall immediately take the decision on the allocation of a berth for mooring.
6. In certain cases when a warship may not be moored at berths included into the list the Port Authority shall allocate another berth for mooring.
___________________
 
Approved
by Resolution No 277 of the Government of the Republic of Lithuania
of 20 March 2006
 
 
 
berths situated in the Non-military territory of the port, reserved for priority mooring and stay of Lithuanian navy warships on duty, and for warships of foreign states
 
 
 
  Numbers of berth
  Length of berth (meters)
  Maximum allowed draught at the berth (in meters)
  28
  57
  8,5
  29
  57
  8,5
  30
  57
  8,5
  31
  57
  8,5
  32
  57
  8,5
  33
  57
  8,5
  73
  141
  6
   
  483 (total)
   
 
 
 
 
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