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Notification and communication of ships

Original Language Title: Regeling meldingen en communicatie scheepvaart

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Regulation of the Minister of Infrastructure and the Environment, of 27 April 2012, No IENM/BSK-2012/60134, laying down detailed rules for shipping and organisations and persons not participating in the shipping traffic concerning notifications and communications (Scheme notifications and communication shipping)

The Minister for Infrastructure and the Environment,

Having regard to Directive No 2010/65 /EU of the European Parliament and of the Council of 20 October 2010 on reporting formalities for ships arriving in and/or departing from ports of the Member States and repealing Directive 2002 /6/EC (PbEU L 283), Chapter V, Reg. 19-1, of the Convention for the Safety of Life at Sea (Trb), established in London on 1 November 1974. 157), and the binding protocols, appendices and annexes thereto (SOLAS Convention), annexed to that Convention, Directive No 2000 /59/EC from the European Parliament and the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (PbEG L 332), Directive No 2002 /59/EC of the European Parliament and of the Council of 27 June 2002 on the introduction of a Community vessel traffic monitoring and information system and to the repeal of Directive 93 /75/EEC of the Council (PbEG L 131), Regulation (EC) 725/2004 of the European Parliament and of the Council of 31 March 2004 on the improvement of the security of ships and port facilities (PbEU L 129), Directive No 2005 /44/EC from the European Parliament and the Council of 7 September 2005 on harmonised River Information Services (RIS) on inland waterways in the Community (PbEU L 255), Directive No 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Rearrangement) (PbEU L 131), and the Article 4 of the Combating Accidents Act , 29 and 30 of the Port State Control Act , 12 and 12a of the Law on the prevention of pollution from ships , 1 , 2 , 3 , 4 , 10, 1st Member , 11 , 12 , 16 , 21, third member , and 22 of the Decision reporting formalities and data processing operations , 9.07 of the Inland Navigation Police , 9 of the LoodspLight Decision 1995 , 21 , 29 and 38, van de Scheepvaartreglement Eemsmonding , 5 of the Scheepvaartreglement Territorial Sea , 2, second paragraph, part a, below 1 °, of the Scheepvaartreglement for the English Channel from Ghent to Terneuzen , 51 of the Scheepvaartreglement Westerschelde , 5 of the Commit to the European Parliament's Police Regulations ;

Decision:

Chapter 1. General provisions

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Article 1. Definitions

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For the purposes of this arrangement:

  • - Run-in area: Rundown area specified in Annex 1, belonging to Article 2, part d, of the Territorial Sea ;

  • - Decision: Notification of reporting formalities and data processing operations ;

  • - IFCD: Interface and Functionalities Control Document, referred to in Annex III, Part 2, of the marine traffic monitoring and information system Directive;

  • - Port Receipt Directive: Directive No 2000 /59/EC from the European Parliament and the Council of 27 November 2000 on port reception facilities for ship-generated waste and cargo residues (PbEG L 332);

  • - Port State Control Directive: Directive No 2009 /16/EC of the European Parliament and of the Council of 23 April 2009 on port State control (Rearrangement) (PbEU L 131);

  • - sea vessel carrying certain dangerous or harmful substances: any cargo ship, any oil, chemical or gas tanker, or passenger ship, carrying a dangerous substance as referred to in Article 3 (g) or a harmful substance as referred to in Article 3 (h) of the monitoring and surveillance directive; traffic information system is being transported.


Article 1a. Setting-up

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This scheme is also based on the Articles 5, first and second members , and 17, first and third paragraphs, of the Combating Maritime Accident Law .


Article 2. Competent authorities and local competent authorities

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  • 2 For the application of the Decision shall be designated as the local competent authority, named in Annex 2 This scheme.

Chapter 2. Community maritime transport formalities

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Article 3. Arrival and departure reports

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  • 1 Of a seagoing vessel shall be sent to the reporting formalities for the purpose of which: Article 2 of the Decision , to the competent authority of the site:

    • a. To which a gross tonnage ship as intended in the Measurement letter law 1981 of 300 or more, on the road, the data referred to in Annex I (1) of the Maritime Monitoring and Information System Directive,

    • b. to which a seagoing vessel carrying certain hazardous or harmful substances is on the road, the data referred to in Annex I, point 3, of the Maritime Transport Monitoring and Information System Directive; or

    • c. from which a sea vessel carrying certain dangerous or harmful substances departs, the data referred to in Annex I, point 3, of the Maritime Transport Monitoring and Information System Directive.

  • 2 The first paragraph shall not apply to a ship as referred to in Article 2 (2), second paragraph, in conjunction with Article 6a of the Maritime Navigation Directive.

  • 3 A competent authority may exempt a ship from two ports situated in the Netherlands or between a port located in the Netherlands and a port located in another State from a notification formality intended for the purpose of the operation of the competent authority. First paragraph, if the requirements referred to in Article 15, first paragraph, of the Maritime Monitoring and Information System Directive are met. For the purposes of the first sentence, port shall also be understood as the anchorage, the terminal or a loading or unloading establishment situated in the Dutch territorial sea. A waiver shall be withdrawn if the requirements attached thereto are no longer met


Article 4. Security Notification

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A ship referred to in Annex 1, Regulation 2, first paragraph, of the Regulation on ship and port security shall be submitted to the notification formality specified in Annex 1 to this Regulation. Article 3 of the Decision , to the competent authority of the port to which the ship is on its way, the data referred to in the Appendix to the notification formalities Directive.


Article 5. Notification for port State control

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From a ship as intended Article 4 of the Decision , shall be addressed to the port manager. Article 1 of the Port State Control Act The competent authority of the port to which the ship is on the road has been designated, the data referred to in Annex III of the Port State Control Directive.


Article 6. Ship Trap Notification

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From a ship as intended Article 12a, 1st paragraph, of the Prevention of Pollution from Ships Law shall be sent to the port manager, Article 1 in conjunction with Article 6 of that Act , from the port to which the ship is on its way and which is mentioned in the Annex to Article 10 of the arrangements for port reception facilities , the data referred to in Annex II to the Port Receipt Facility Directive.


Article 7. Exemption from reporting formalities by local competent authorities

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A local competent authority may, for a vessel that is on a scheduled shipping service:

  • (a) on behalf of a competent authority, exempt from a reporting obligation as intended Article 3, third paragraph , if and for as long as that vessel's vessel is satisfied by that vessel;

  • (b) exempt on behalf of the competent authority the notification formality specified in: Article 4 , if and for as long as it is satisfied that Article 7 of the Regulation on ship and port security is fulfilled by that vessel;

  • c. to grant exemption from the notification formality provided for by the Minister, Article 6 , if and for as long as is fulfilled Article 35a of the Prevention of Pollution from Ships Law .


Article 8. Notification Time

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  • 1 The messages referred to in the Articles 3, first paragraph, parts a and b , 4 and 6 shall be:

    • 1 °. at least 24 hours prior to arrival; or

    • 2 °. if the destination was known at the departure from the previous port and the journey time is less than 24 hours, at the latest at the time when the ship leaves the previous port; or

    • 3 °. if the destination at the exit from the previous port was not yet known or changed during the trip, as soon as it is known.

  • 2 The notification referred to in Article 5 , shall be at least 72 hours before the expected arrival at the port, or prior to departure from the previous port, if the journey is expected to take less than 72 hours.


Article 9. Transmission of changes to the reported data

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Amendments to the provisions of the Articles 3 to 6 reported data and changes of more than 30 minutes in the previously reported arrival or departure time will be immediately passed until the time of arrival.


Article 10. Notification mode

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The notifications referred to in the Articles 3 , 4 and 6 the recipients of the data referred to in those Articles shall, from 1 June 2015, be electronically supplied via an electronic portal through which a standardised supply of information from industry to the public authorities and the public multiple uses of such information by that government are designed to make the flow of data between business and government more efficient, and to reduce administrative and supervisory burdens.

  • 2 The notifications referred to in Article 5 , if possible, electronic means, via the portal referred to in paragraph 1 or a local authority of the port to which the ship is on the move, shall be made available in an alternative way.

  • 3 By way of derogation from the first paragraph, the master, operator or agent of a ship en route to a port located in the Netherlands shall inform himself of any alternative manner known by the relevant recipient of the data if the ship is is en route to a port that is not connected to the portal referred to in paragraph 1.

  • 4 By way of derogation from the first paragraph, the master of a ship en route to a port situated in the Netherlands shall inform himself of an alternative method known by the relevant recipient of information if electronic notification of the vessel is not available to him In the absence of any suitable communication equipment on board, it may be requested that it is not reasonable to require that an operator or agent on shore carries out this notification for him.

  • 5 The relevant recipient of information shall ensure that the methods of reporting referred to in this Article are made known to shipping.

Chapter 3. Other reports marine navigation

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Paragraph 1. Notifications for the purpose of oodling

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Article 11. Reporting in need of call-up

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Notification referred to in Article 9 of the Loodsplichtdecision 1995 , shall provide the master of a vessel with the following information:

  • a. Name, call sign, IMO identification number and MMSI number of the ship;

  • b. The name, address and telephone number of the agent, captain or operator of the ship;

  • c. the port of destination and the estimated time of arrival at the pilot station if the ship is travelling from the sea to a port of the Netherlands or if the ship leaves from a port, the time at which and the location where the pilot is located expected; and

  • d. all other data relating to the ship and travel relevant for the purpose of loading the ship concerned.


Article 12. Time and manner notification for the purpose of iiification

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  • 1 The notification referred to in Article 9 of the Loodsplichtdecision 1995 For the purpose of a ship wishing to enter a port to enter a port, it shall be:

    • 1 °. at least 24 hours prior to arrival; or

    • 2 °. if the destination was known at the departure from the previous port and the journey time is less than 24 hours, at the latest at the time when the ship leaves the previous port; or

    • 3 °. if the destination at the exit from the previous port was not yet known or changed during the trip, as soon as it is known.

  • 2 The notification referred to in Article 9 of the Loodsplichtdecision 1995 In the case of a ship departing from the sea, at least 24 hours before departure, or if the voyage was not foreseen at that time, at least 12 hours before departure.

  • 3 In all cases other than those referred to in paragraphs 1 and 2, the notification shall be made at least 6 hours before the ship's arrival or departure.

  • 4 The notifications referred to in this Article shall be made electronically or in an alternative manner, if possible, by or on behalf of the respective Regional Lead Corporation.


Article 13. Pilot reports on the Westerschelde

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By way of derogation from the Articles 11 and 12 , the notification shall be made in accordance with Article 9 of the Loodsplichtdecision 1995 , for ships which are lead-splily during navigation on the ships ' vessels referred to in point IV of the Annex to Article 10 of the Maritime Traffic Act In accordance with Articles 13 and 14 of the Scheldereglement and the provisions which are based thereon.


Article 14. Transmission of changes to the reported data

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Changes in the land Article 11 Data provided and changes of more than 30 minutes in the previously notified arrival or departure time shall be transmitted immediately.


Section 2. Incident reports to the Coastal Waits

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Article 15. Accident report at the Coastal Waits

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  • 2 A notification referred to in paragraph 1 shall, in any event, contain the information referred to in Article 17 (2) of the Maritime Monitoring and Information System Directive.


Article 15a. Other incidents to Coastal Waits

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Notification of the loss or discharge of fishing gear referred to in Regulation 10.6 of Annex V to the International Convention for the Prevention of Pollution from Ships with Protocols and Annexes to the International Convention on the Prevention of Pollution from London on 2 November 1973 Appendices (Trb. The Protocol annexed to the Treaty establishing the European Community, 1975, 147, and the Protocol annexed to the Treaty on 17 February 1978, with Annex and Appendices (Trb). 1978, 188), is being done at the Coastal Guard Centre in Den Helder.

Chapter 4. International exchange of shipping data

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Article 16. Designation NCA-SafeSeaNet and RIS authority

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The Director-General of Rijkswaterstaat is designated NCA-SafeSeaNet and also as RIS authority, intended to Article 10, first paragraph, of the Decision .


Article 17. Mode of forward to SSN

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  • 1 The in Article 12 of the Decision data shall be provided by the relevant local competent authority on behalf of the data recipients referred to in Article 12 of the Decision and the port manager, as referred to in Article 12 of the Decision. Article 5 , in accordance with the requirements of SafeSeaNet, as specified in the IFCD.

  • 2 Without prejudice to the first paragraph, the exchange of information shall be effected by Articles 12 , 13 and 16 of the Decision , in accordance with the terms of the IFCD, between the Minister of Infrastructure and the Environment and the relevant local authority, as agreed in writing.

Chapter 5. Provisions relating to the river information services Directive

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Article 18. RIS services for which 11.5a Telecommunications Law does not apply

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For the application of Article 21, third paragraph, of the Decision , by way of derogation from Article 11.5a of the Telecommunication Act the following RIS services offered:

  • a. Services to prevent nuisances and to increase safety in the shipping lanes such as traffic management in general, and in particular after incidents and accidents, in cases of unambiguous situations and in the event of accidents; Nodes of fairways; and

  • b. Services designed to facilitate the smooth passage of the shipping traffic in the case of locks and the operation of bridges at the gates of the shipping industry.

Chapter 6. Provisions relating to the lrit

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Article 19. Directions for the benefit of LRIT

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For the application of Chapter 6 of the Decision shall be designated as:

  • a. LRIT Data Centre: the European Union Long Range Identification and Tracking Data Centre (EU-LRIT-DC);

  • b. application service provider: Collecte Localisation Satellites;

  • c. organisation responsible for reporting data to the LRIT Data Centre: the Coastal Guard Centre in Den Helder, also in its capacity as the Search and Rescue service provided for in Article 24, second paragraph, of the Decision ;

  • d. organisation which is empowered to indicate the intervals to which reporting data will be transmitted by the LRIT: the Coastal Guard Centre in Den Helder;

  • e. organization to whom it is reported that the LRIT is disabled: the Coastal Guard Centre in Den Helder.

Chapter 7. Listening and communication

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Article 20. Communications in the context of traffic participation

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  • 1 Listening, communication by and with traffic participants with regard to nautical or safety traffic and the making of arrangements between traffic participants shall take place only on the relevant competent authority of the shipping known marifoonic channels.

  • 2 The English language shall preferably be used for the communication and arrangements referred to in the first paragraph. The use of the Dutch or any other language is permitted if it is customary on the spot.

Chapter 8. Adjustment, slot and transitional provisions

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Article 21. Amendment Designation of competent authorities Inland waterway police

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Article 22. Amendment Designation of competent authority Ship crossing Parliament Channel from Ghent to Terneuzen

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Article 23. Amendment Territorial Sea Designation Decision

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Article 24. Amendment Port State Control Scheme 2011

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Article 25. Amendment Communication on the control of national waterways

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Article 26. Transitional Provision [ Expired by 01-06-2015]

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Article 27. Withdrawal arrangements

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The following arrangements shall be repealed:


Article 28. Definition for the benefit of: Article 17

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Following the entry into force of this scheme, the Article 3, second paragraph, of the Provision of Data Shipping 2007 or the Article 2 (2) of the Conditions of Employment of Shipping , by the Minister of Infrastructure and the Environment and the relevant authority, agreed upon, on Article 17, second paragraph -From this arrangement.


Article 29. Citation Title

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This arrangement is cited as: Arrangement notifications and communication shipping.


Article 30. Entry of

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This arrangement will be set out in the Official Journal.

The

Minister

of Infrastructure and the Environment,

M.H. Schultz van Haegen-Maas Geesteranus


Annex 1

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Competent authorities referred to in Article 2, first paragraph , are:

  • I.

    • 1. for seagoing vessels en route to anchorages, or loading or unloading facilities situated in the Dutch territorial sea:

      • a. for the start-up area Scheldemonden: the Rijkshavenmeester Westerschelde, intended in Article 2, second paragraph, part a, of the Scheepvaartreglement Westerschelde 1990 ;

      • b. for the Rotterdam start-up area: the port master of Rotterdam, working at the Havenbedrijf Rotterdam N.V.

      • c. for the start-up Scheveningen area: the person responsible for the duties of the port master for the port of Scheveningen;

      • d. for the IJmuiden start-up area, the Director of the Central Nautical Management of North Sea Canal Area;

      • e. for the attack site Den Helder: the Commander of the Maritime Resources of the Royal Navy in Den Helder;

      • f. for the start-up area Brandaris and the start-up area Eemsmonding: the director of the port Groningen Seaports;

      • g. for the territorial sea, subject to the run-in areas: the Director Coast Guard.

    • 2. for seagoing vessels en route to the first port of destination in the Netherlands, or an inland port of destination of destination in the Netherlands:

      • a. the port master of the port service of the port or municipality in which the anchorage is located, but

      • b. As regards Terneuzen, the port master employed in Zeeland Seaports N.V.,

      • c. de Westerschelde, with regard to anchor coming ships: the Rijkshavenmeester Westerschelde, intended in Article 2, second paragraph, part a, of the Scheepvaartreglement Westerschelde 1990 ;

      • d. for Vlissingen, the port master employed in Zeeland Seaports N.V.,

      • e. as regards the Canal from Ghent to Terneuzen: the Rijkshavenmeester Westerschelde, intended to Article 2, second paragraph, part a, of the Scheepvaartreglement Westerschelde 1990 but for the present side channels the port master employed in Zeeland Seaports N.V.,

      • f. in relation to Dordrecht, the port master of Rotterdam, employed at the Havenbedrijf Rotterdam N.V.,

      • g. in relation to Moerdijk: the port master of Rotterdam, working at Havenbedrijf Rotterdam N.V. and also a member of the management of the Port Authority of Moerdijk;

      • h. In respect of the North Sea lice and the Rijkstranshipment site for Explosives, the Director of the Central Nautical Management of North Sea Canal Area;

      • i. for IJmuiden: for the port of Tata Steel, the 1 °, 2 ° and 3 ° Rijksinland port, the quay of the Gelder paper mill and for the Fishing port, IJmondhaven and the Haringhaven: the Director of the Central Nautical Management North Sea Canal Area;

      • j. the Wadden Sea, with respect to anchor ships:

      • k. in regards to Delfzijl and Eemshaven: the director of the harbour Groningen Seaports.

  • II. Those who are at or under the Interior Police Regulations , Rhine police , Shipping Parliament Eemsmonding , Shipwrecklement Westerschelde , Navigability regulations for the canal from Ghent to Terneuzen or the Navigability regulations common Maas , as competent authority.


Annex 2

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Local competent authority as referred to in Article 2 , second paragraph, are:

  • a. The Director of the Port Groningen Seaports: for ships en route to or from the ports of Delfzijl and Eemshaven, and for the anchorages, loading or unloading facilities located in the Dutch territorial sea, for the landing area Arsear and the Eemsmonding start-up area;

  • b. The person in charge of the task of port master for the port of Harlingen: for ships en route to or from the port of Harlingen;

  • (c) The person responsible for the task of port master for the port of Den Helder: for ships en route to or from the port of Den Helder and the anchorages, loading or unloading facilities situated in the Dutch territorial sea, for the purpose of the the Den Helder tread area;

  • d. The person responsible for the task of harbourmaster at the Havenbedrijf Amsterdam N.V. is also the Director of the Central Nautical Management North Sea area: for ships en route to or from the ports of Amsterdam, Zaandam, Beverwijk, IJmuiden and Velsen and for the anchorages, loading or unloading facilities located in the Dutch territorial sea, for the tread area IJmuiden;

  • e. the person in charge of the task of port master for the port of Scheveningen: for ships en route to or from the port of Scheveningen and for the anchorages, loading or unloading facilities located in the Dutch territorial sea, 'Scheveningen' attack area;

  • f. the person employed by the port company Rotterdam NV and entrusted with the task of port master: for ships en route to or from the ports of Rotterdam, Schiedam, Vlaardingen, Maassluis, Dordrecht and Moerdijk and for the in Dutch territorial sea anchorages, loading or unloading facilities for the Rotterdam start-up area;

  • g. the Director of Zeeland Seaports N.V.: for ships en route to or from the ports of Vlissingen, Terneuzen, Sas van Gent and Sluiskil and for the anchorages, loading or unloading locations situated in the Dutch territorial sea, for ships 'Scheldemonden' rundown area;

  • (h) the person entrusted as Rijksharbour master Westerschelde with the tasks of the port master: for ships en route to or from the ports of Hansweert and Breskens and the Everingen and Put of Terneuzen anchorages; and

  • i. the Director Coast Guard: for ships en route to or from anchorages, loading or unloading operations situated in the Dutch territorial sea with the exception of those located in the adjacent areas of landing, loading or unloading areas. unloading devices.