Comments and clarification on existing Russian legislation and regulations for navigation on the NSR. Possible regulatory updates in nearest future.

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1 The Arctic 2030 Project: Feasibility and Reliability of Shipping on the Northern Sea Route and Modeling of an Arctic Marine Transportation & Logistics System 1-st Industry Seminar: NSR s Legislation, Tariff System & Insurance Comments and clarification on existing Russian legislation and regulations for navigation on the NSR. Possible regulatory updates in nearest future. Mr. Sergey Balmasov, Head of CHNL s NSR Information Office (sergey@chnl.no) Thursday 25 June, 2015, Oslo.

2 Current legislation structure United Nations Convention on the Law of the Sea 1982 Article 234, Ice-covered areas IMO Polar Code & other conventions Russian Regulations for Navigation on the Seaways of the NSR,1990 New Rules of navigation on the water area of the NSR Registered April 12, 2013 Rates for services of the icebreaker fleet on the NSR, New tariff system for icebreaker services Federal Law No132-FZ "On Amendments to Certain Legislative Acts of the Russian Federation regarding state regulation of merchant shipping in the waters of the NSR Guidelines for Radio communication in Arctic,

3 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ "Closeness" of routes of the Northern Sea Route according to the existing legislation of the USSR caused that these routes were practically never used for the international navigation. The Soviet legislation was the only objectively developed source of legal regulation of navigation through the Northern Sea Route. The convention dated 1982 gives the chance to observe national interests of the Russian Federation and to ensure safety of vessels navigation through the Northern Sea Route. The Rules of sailing through the Northern Sea Route existing till 2013 were approved as early as in 1990 by the Council of ministers of the USSR quite appropriately reflected norms of international law.

4 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ The resolution of the CEC dated 1926 has relation neither to the mode of sea spaces, nor to navigation in the Arctic. Therefore when developing the draft of the new law on Northern Sea Route it wasn't mentioned The Polar Code is rather important document which is developed by International Maritime Organization. This document will impose only technical requirements to vessels. It doesn't regulate territoriality or sailing in any special water areas. The only thing that it will regulate is that water area on which it extends. This document is in many respects conformable to those requirements which are imposed to vessels according to the Russian rules. In the law on the NSR the concept "Routes or Tracks of Northern Sea Route" is replaced with the concept "water area". In the law NSR borders are precisely established. It was decided not to expand geographical borders of the water area of NSR on all areas covered with ice for more than 6 months, for example on the water area of eastern part of the Barents Sea from the straits of Novaya Zemlya to a meridian of the Peninsula Kanin Nos.

5 FEDERAL LAW NO. 132-FZ The status of the Northern Sea Route. Federal Law No. 132-FZ The international convention prevails over the national legislation owing to the Constitution of the Russian Federation. The convention of the UN on a marine law establishes that the exclusive economic zone is a zone of navigation freedom. There can be no restrictions regarding navigation in this zone, any vessel has the right of peaceful transit. Another thing is that article 234 of the Convention of the UN on a marine law dated 1982 gives the chance, to establish the special rules of sailing on a non-discriminatory basis directed only on one thing protection of the marine environment against pollution from vessels.

6 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ July 28, On Amendments to Certain Legislative Acts of the RF Concerning State Regulation of Merchant Shipping on the Water Area of the NSR Federal Law N 147-FZ On Natural Monopolies, dated August 17, Federal Law No. 81-FZ Merchant Marine Code of the RF, dated April 30, Federal Law N 155-FZ On Internal Sea Waters, Territorial Sea and Adjacent Zone of the RF, dated July 31, 1998

7 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law On Natural Monopolies Icebreaker assistance Ice pilotage Federal Law On Internal Sea Waters, Territorial Sea & Adjacent Zone Status of the NSR Federal Law Merchant Marine Code of the RF Definition of geographical limits of the NSR Functions of the New NSR Administration Content of new Navigational Rules Insurance requirements

8 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law On Natural Monopolies Icebreaker assistance and ice pilotage services included under the sphere of Natural Monopolies of Russian Federation. The amount of payment is determined based on vessel s GRT, ice class, distance (number of NSR zones) and navigation season. Payments effected only based on the amount of services actually delivered.

9 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law On Internal Sea Waters, Territorial Sea & Adjacent Zone Status of the NSR. "Clause 14. Navigation in the water area of the NSR «Navigation in the water area of the Northern Sea Route, the historically emerged national transportation route of the Russian Federation, shall be performed according to the commonly accepted principles and norms of the international law, international agreements of the Russian Federation, this Federal Law, other Federal Laws and other regulatory legal documents issued in relation with the above».

10 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law Merchant Marine Code of the RF Functions of the New NSR Administration: receipt of applications for permits for navigation and issuance of permits monitoring of hydro-meteorological, ice and navigation conditions approval of navigation equipment installation and areas for hydrographic survey delivery of information services related to navigation on the NSR development of recommendations for navigation routes and use of icebreakers facilitation of arrangement of SAR operations in the NSR issuance of certificates to Ice Pilots

11 New NSR Administration established on March 15, 2013.

12 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law Merchant Marine Code of the RF Content of Rules of Navigation : organization procedures for navigation in the NSR rules of icebreaker support for vessels in the NSR rules of ice pilotage services for vessels in the NSR rules of vessels pilotage on the recommended lines in the NSR regulations of navigation, hydrographic and hydro-meteorological support rules of radio communication other regulations related to organization of navigation in the NSR

13 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ Main changes Federal Law Merchant Marine Code of the RF Definition of geographical limits of the NSR: The area of the Northern Sea Route means a water area adjoining the northern coast of the Russian Federation, including internal sea waters, territorial sea, contiguous zone and exclusive economic zone of the Russian Federation, and limited in the East by the line delimitating the sea areas with the United States of America and by the parallel of the Dezhnev Cape in the Bering Strait; in the West, by the meridian of the Cape Zhelania to the Novaya Zemlya archipelago, by the east coastal line of the Novaya Zemlya archipelago and the western limits of the Matochkin Shar, Kara Gates, Yugorski Shar Straits.

14 Definition of geographical limits of the NSR:

15 FEDERAL LAW NO. 132-FZ Federal Law No. 132-FZ ANSR is created in the form of federal state institution. Division of functions of public administration and economic activity is carried out. ANSR doesn't charge any fees. Refusal of introduction of an obligatory Arctic vessel fee. Expenses on ANSR are decided to be financed from the state budget. Fund raising for covering of infrastructure expenses isn't provided (navigation and hydrographic, meteorological, costs of execution of emergency and rescue readiness). The law didn't include offers from AARI on obligatory specialized hydrometeorological service. Either contract for icebreaking service, or for hydrometeorological service. It turns out that the budget of the Russian Federation indirectly subsidizes transit transportations through NSR. Other states can use it.

16 Summary The issue of integrated management of NSR isn't resolved. The infrastructure of NSR is under authority of various state organizations. The Administration of NSR was created as solely administrative body. Today transit actually isn't interesting to Russia, but the question needs to be raised alternatively. What kind of service Russia can render to transit vessels, what services can bring the income from transit.

17 RULES OF NAVIGATION Rules of navigation in the water area of the NSR registered April 12, Rules were developed in compliance with Code of commercial navigation of the RF, Federal Law No. 132-FZ and other national and international legislation. Permit-based procedure is established for navigation in the Northern Sea Route water area. Granting permit is effected by the NSR Administration. Rules regulate following aspects in the NSR water area: - organization of navigation - rules of the icebreaker assistance - rules of the ice pilotage - navigational, hydrographic and hydrometeorological support - rules of the radio communication - requirements to ships in relation to the safety of navigation - protection of the marine environment against the pollution

18 RULES OF NAVIGATION Main changes in new NSR Navigation Rules NSR Regulations 1990 NSR Regulations 2013 Every vessel intending to navigate through the NSR shall obtain a Permit from NSR Administration Every vessel intending to navigate through the NSR shall obtain a Permit from NSR Administration Master or person replacing him shall be experienced in operating а vessel in ice Master or person replacing him shall be experienced in operating а vessel in ice Obligatory requirements to have Civil Liability Certificate for oil pollution Obligatory requirements to have Civil Liability Certificate for oil pollution

19 RULES OF NAVIGATION Main changes in new NSR Navigation Rules NSR Regulations 1990 NSR Regulations 2013 Vessel must have at least Arc4 or 1-A ice class (for transit) Flexible system. Admittance criteria depend on season, ice class, NSR area and actual ice conditions Mandatory ship s inspection Inspection not needed, only documents. E- mail communication. Mandatory icebreaker assistance Information on the need of icebreaker assistance indicated in the Permission

20 RULES OF NAVIGATION Main changes in new NSR Navigation Rules NSR Regulations 1990 NSR Regulations 2013 Ship owners intending tо use the NSR (in forthcoming navigational period) should, at least 4 months in advance, submit а request tо the Administration of the NSR The application with the documents attached in compliance with present Rules is to be sent to the NSR Administration via not earlier than 120 calendar and not later than 15 working days before the intended date of the entering of ship into the NSR water area.

21 Admittance criteria for navigation in the NSR (navigation from July to November 15) Ice class No Ice1 (1D) Ice navigation mode IN IS IN IS The Kara Sea The Laptev Sea East-Siberian Sea West East West East West East Chukchi Sea S M L S M L S M L S M L S M L S M L S M L Ice2 (1C) Ice3 (1B) Arc4 (1A) Arc5 (1A Super) Arc6 Arc7 Arc8 Arc9 IN IS IN IS IN IS IN IS IN IS IN IS IN IS IN IS Source: Atomflot IN Independent navigation, IS with icebreaker support S severe ice conditions, M moderate, L Easy

22 1990 Rules & Regulations For ships proceeding toward the NSR from Russian ports Inspection of the ship: In order to determine the compliance of ships with the established requirements the survey of ships is carried out before their exit to the Northern Sea Route. Survey of ships is carried out by sea port masters each time ship is leaving a port when proceeding towards the NSR. NSR Administration issue a Permit based on the inspection results Deficiencies found should be eliminated Permit specify validity period, route and permitted activities

23 1990 Rules & Regulations For ships proceeding toward the NSR from Russian ports

24 1990 Rules & Regulations Voyage implementation Coordination with Marine Operations Headquarters: Master or ice Pilot should get pre-voyage briefing in Marine Operation Headquarters in Atomflot. According to terms & conditions stipulated in the contract with FSUE Atomflot Master of the vessel should notify MOH of the ETA to NSR area. (it can be 10, 5 and 2 days before arrival). The MOH confirms receipt оf vessel notification and inform Master about route to follow up. The point and procedure of meeting an icebreaker are determined by the MOH. The vessel shall maintain communication with the MOH and follow recommendations on the route. All instructions of the MOH are given in accordance with the Russian nautical charts and navigational publications. The MOH regularly transfers to the vessel, ship-owner and charterer data on weather and ice conditions, recommendations on the route and other information relevant for the vessel.

25 1990 Rules & Regulations Regulations for Navigation on the Seaways of the NSR,1990 Order оf navigation: Navigational period is determined by the Administration of the NSR Vessel shall keep tracks recommended by the Marine Operations Headquarters (MOH) Mandatory icebreaker guiding in Lapteva Vil kitskogo, Shokal'skogo & Sannikova straits

26 1990 Rules & Regulations Regulations for Icebreaker and Pilot guiding Order оf navigation: Icebreaker fleet and Marine Operations Headquarters (MOH) ensure safe navigation on the NSR. Administration of the NSR (ANSR) coordinates the work of the MOH. Guiding of а vessel through the NSR means that vessel is constantly controlled by the MOH.

27 1990 Rules & Regulations Requirement for the Design, Equipment and Supplies Machinery plants: The propellers must have at least 4 blades and must be produced from stainless steel or high-strength bronze. The time it takes to reverse the main propulsion engine from "full speed ahead" to "full speed astern" must not exceed 45 seconds. When ship is following the icebreaker alone or in an ice convoy the power plant of ship should be prepared to immediately change the mode of ship movement.

28 1990 Rules & Regulations Requirement for the Design, Equipment and Supplies Systems and devices: Other requirements: Waste water system Stability must be verified with potential icing Bilge water separator Pumping equipment Heating system During the period from November to December and from January to June ballast tanks adjoining external side above operating waterline should be heated. VНF station of MHz. for communications with airplanes, helicopters, and vessels traveling in а convoy In case of transit navigation along the NSR, the stores оf fuel and lubricants must be sufficient for 30 days Amount of fuel, fresh water and provision on ship should be sufficient for the navigation in the water area of the Northern Sea Route without replenishment taking into consideration maximum possible duration of navigation.

29 1990 Rules & Regulations 4151B Guide to navigating through the NSR ; Ship when navigating the water area of the Northern Sea Route should have aboard: 1) Rules 2013; 2) Sea nautical charts and manuals along the entire route of movement through the water area of the Northern Sea Route. Russian Pilot books

30 1990 Rules & Regulations Requirement for the Design, Equipment and Supplies Provisions and emergency facilities: Additional equipment onboard 1. Pulleys and notch blocks for raising a damaged detachable propeller, or damaged blades, to the deck. 2. Portable gas-welding equipment for welding and cutting (not on tankers). 3. Searchlight with a set of spare bulbs for illuminating the channel. 4. Portable electric submersible pump with delivery 100 t/hr, including a set of hoses. 5. Sets of warm clothing Characteristic Quantity Set 1 Set Weight around 30 kg At least 2 kw Number of crew members +3 Supplementary emergency equipment: During the polar night 1 searchlight with power of at least two kw with a set of spare lamps which can be installed in the fore body of ship or at one of the wings of conning bridge; Per one set of warm clothes for each person on board and in addition to the above amount of warm clothes three spare sets; Hydrosuits in a number matching maximum admissible number of persons who can be on board during the navigation. 6. Hydrothermal suite (recommended) Number of crew and passengers

31 Functions of monitoring hydrometeorological, ice and navigational conditions in are performed by the NSR Administration. On the basis of information received from Roshydromet the NSR Administration daily allocates on the official web site hydrometeorological and ice analysis as well as hydrometeorological and ice forecast for 72 hours in relation to the water area of the NSR.

32 Three-days updates of the forecast of types of ice conditions (forecast of 20/09/2013) Kara Sea Laptev Sea East-Siberian Sea The official long-term ice forecast and subsequent updates are an essential aspect for the organization of navigation on the NSR. Permission to sail through various sub-areas of the NSR and the need for icebreaker support is determined on the basis of the ice conditions. Source: NSR Administration

33 Actual data on ice conditions Kara Sea Laptev Sea East-Siberian Sea Source: NSR Administration

34 Daily hydrometeorological information METAREA XX SECURITY WEATHER BULLETIN FOR METAREA XX ISSUED BY THE ARCTIC AND ANTARCTIC RESEARCH INSTITUTE ST PETERSBURG ON THE 18 JUNE 2015 AT 0600UTC PART 1 AT UTC WARNING NIL SYNOPSIS AT UTC, LOW 996 HPA 77N 045E MOVING W 20 KMH FILLING, LOW 993 HPA 75N 088E MOVING W 10 KMH FILLING..

35 Long-term ice forecasts

36 Search and rescue, Prevention of pollution by oil

37 RULES OF NAVIGATION Summary Simplified administrative procedures: smooth application processing, no need for vessel s physical inspection. Flexible ice-class admittance criteria for ships to enter the NSR. Large size cargo ships with 1B, 1C ice class can do NSR transit in Easy ice conditions. No mandatory icebreaker support for all vessels. (the need for icebreaker services is indicated in the Permit). It is possible to operate independently in Western part of the NSR (Kara Sea) in summer-autumn period. For full transit passage ice-breaker support required in most of the cases. Fee for icebreaker support is determined based on vessel s GRT, ice-class, distance, and navigation period. Transparent tariff system will make it possible to have long-term business planning. Simplified definition for ice conditions (L-M-S Light-Moderate-Sever) does not work properly when new ice is rapidly forming in October-November.

38 Thank you