Νόμος 3591/2007

ΝΟΜΟΣ ΥΠ' ΑΡΙΘ. 3591

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

Άρθρο πρώτο

AGREEMENT BETWEEN

THE GOVERNMENT OF THE HELLENIC REPUBLIC

AND

THE GOVERNMENT OF THE FEDERAL REPUBLIC OF NIGERIA

r Q Κ MARITIME TRANSPORT

PREAMBLE _ ^a

The Government. t?f .the Hellenic Republic and the /Oovernment of the Federal Republic of Nigeria (hereinafter referred to as the Contracting Parties).

Desirous of developing the cooperation in the field of Maritime Transport between the two countries and with a yiew to contributing to the development of international maritime transport oh the basis of the principles of the freedom of merchant navigation. ·' \- . ^: _vr

Bearing in mind the principles laid down in international law and particularly in international shipping conventions of which both Parties are members.

Have decided to conclude the present Agreement.

ARTICLE 1 DEFINITIONS

For the purpose of this Agreement: (1) The term "vessel of the Contracting Party" shall mean any vessel registered in the Shipping Registry of this Contracting Party and flying its flag.

This term shall not, however, include:

(a) warships and auxiliary ships of the Navy;

(b) vessels, which are performing exclusively administrative or state functions

(c) scientific research vessels;

(d) fishing vessels.

(2) The term "member of the crew" shall mean the master and any person employed on board a vessel in duties and services connected with the running of the vessel and included in the crew list

(3) The term "cabotage" shall mean transport of goods and passengers between the ports of one of the Contracting Parties. The term "cabotage" includes any transport of goods which although accompanied by a through bill of lading and no matter what their origin or. destination is, are transshipped directly or indirectly at the ports of either of the Contractmg Parties in order to be carried to another port of the same Contracting Party.The^-same provisions shall apply in the case of the passengers even if they cany through tickets.

(4) The term "international rn^une.tra^port" shall mean .any transport by a vessel, except when the vessel issop^tedjplely berween^plftcfs situated in the territory of a Contracting Party* ~ " * ' J . ^s

'ARTICLE 2 FREE AND FAIR COMPETITION

The Contracting Parties shall base the development of their shipping relations, on the principles of free and fair competition and the ' freedom of navigation and they shall refrain from any action that could adversely affect the international maritime transport and trade. The principle of non discrimination will apply to the commercial activities of nationals or legal entities operating ships under the flag of one Contracting Party in me territory of the other Contracting Party.

ARTICLE 3 COOPERATION

1. The Contracting Parties, within the limits of the respective national legislation, shall continue their efforts to maintain and develop a permanent cooperation between the competent authorities of their countries. In particular, the two Contracting Parties agree to consult and exchange information between their competent authorities on maritime affairs.

2. The term "competent authority" shall mean:

- in the Hellenic Republic the Ministry of Mercantile Marine;

- in the Federal Republic of Nigeria the Federal Ministry of Transport.

3. In case of any changes concerning the names or functions of the competent authorities, the Contracting Parties shall make the necessary notifications through diplomatic channels.

ARTICLE 4 TECHNICAL ASSISTANCE

The Contracting Parties agree to^provide one another, within the limits of their ability, with technical assistance for the development of maritime transport For this purpose, the Contracting Parties will promote and encourage development of contacts and cooperatipny^t^ enterprises and

organizations. F ■ .*·■■* ¹¹ *^r ' ARTICLE 5 \ 'Λί

PRINCIPLES OF MARITIME TRANSPORT

1. The Contracting* Parties a; agree-to follow in .international maritime transport the principles of free and fair competition and in particular:

(a) to ensure the unrestricted access of vessels of the Hellenic Republic and the Federal Republic of Nigeria in the sea transport of goods and passengers between the ports of the Contracting Parties as well as between their ports and those of third countries; " * -— · .

(b) to ensure that their vessels shall be free to provide international sea - river services in accordance with the national legislation of the Contracting Parties;

(c) to cooperate between themselves in the elimination of obstacles which might hamper the development of sea trade between the ports of the Contracting Parties;

(d) to abstain from measures which may prevent the participation of the vessels of the Contracting Parties in the sea trade between the ports of the Contracting Parties and the ports of third countries;

(e) to abolish any unilateral restrictions in respect of the international maritime transport of goods and passengers which are reserved in whole or in part for the vessels of the Contracting Parties;

(f) to abolish any cargo sharing arrangements, where such arrangements are included in the existing bilateral"arrangements of the Contracting Parties.

I Will¹

ΦΕΚ 160

2. The provisions of paragraph 1 of this Article shall not affect the right of vessels of third countries to participate in the sea trade between ports of the Contracting Parties.

3. Nothing in this Article shall prevent the Contracting Parties to take the appropriate steps for ensuring the free participation of their merchant fleets in international trade on a commercially competitive basis.

ARTICLE 6 ACCESS TO PORTS

The vessels of each Contracting Party, when calling at a port of the other Contracting Party for discharging part of their cargo, may, after complying with the laws and regulations of this country, keep aboard the part of their cargo which is destined for another port, either in the same or another country, or transfer it to another vessel without payment of any extra dues, apart from those levied in similar cases, by the other Contracting Party on its vessels. In the same way, vessels of each Contracting Party may call at one or more ports of the other Contracting Party for loading all or part of their cargo destined for foreign ports, without payment of dues other man those levied in similar cases by this other Contracting Party on its vessels.

ARTICLE 7 ACCESS TO PORT FACILITIES

1. Each Contracting Party shall afford to the vessels of the other Contracting Party the same treatment as it affords to its own vessels engaged in international voyages in respect of free access to ports, allocation of berth and frill use of port facilities, loading and unloading cargoes, transhipment, embarking and disembarking of passengers, payment of any dues and charges, use of services intended for navigation and exercising other normal commercial operations.

2. The provisions of paragraph 1 of this Article:

(a) shall not apply to ports not open to the entry of foreign vessels;

(b) shall not affect the regulations concerning entry and stay of foreigners;

(c) shall not apply to activities reserved by each Contracting Party for their national flag vessels or enterprises and organizations, including,in particular, cabotage, sea fishing, pilotage, towage, salvage and maritime assistance;

(d) shall not oblige either of the Contracting Parties to extend to vessels of the other Contracting Party exemption from compulsory pilotage requirements granted to its own vessels;

(e) shall not apply to immigration and transportation of immigrants.

ARTICLE 8 MOST FAVOURED NATION STATUS

1. Subject to any Article of this Agreement otherwise providing, the Contracting Parties shall grant to each other a treatment same to that of the most favoured nation in all other matters related to shipping.

2. The provisions of paragraph 1 of this Article shall not apply to advantages resulting from the participation of each Contracting Party to an Economic Integration Agreement of any kind.

ARTICLE 9 PREVENTION OF DELAYS

The Contracting Parties shall adopt, within the limits of their legislation and port regulations, as well as of their obligations under international law, all necessary measures to facilitate and expedite maritime traffic, to prevent unnecessary delays to vessels and to expedite and simplify, as much as possible, the carrying out of customs, sanitary, police and port formalities and other formalities applicable to ports.

ARTICLE 10 RECOGNITION OF VESSELS CERTIFICATES

1. The documents certifying the nationality of vessels, as well as any other ships' documents issued or recognized by one of the Contracting Parties, shall be recognized by the other Party. As far as the safety sector is concerned, the Contracting States shall recognize the relevant certificates of their vessels provided by them, on condition that these certificates are in accordance with the relevant international conventions in force.

2. The vessels of each Contracting Party which are equipped with Tonnage Measurement Certificates shall not be subject to re-measurement in the ports of the other Contracting Party and the figures noted in the Certificate shall be taken as the

basis for the calculation of port dues of any kind or nature, on the condition that the above mentioned documents have been issued in accordance with the International Convention on Tonnage Measurement in force. The Tonnage Certificate of vessels below 24 meters issued in accordance with national legislation will be mutually recognized.

Especially for environment friendly oil tankers with segregated ballast tanks(SBT) or double hulls, the port's and pilotage fees shall be reduced:

(a) by deducting the capacity of the SBT or double hull spaces from the total gross tonnage of the vessel,in accordance with IMO Resolution [A 747(18)];or

(b) by making a discount in proportion to the percentage which the capacity of the SBT or double hull spaces represents in the total gross tonnage of the vessel.

3. Apart from a forced sale resulting from a decision of the Courts, the vessels of either of the two Contracting Parties cannot be registered in the Registry of the other Contracting Party without presentation of a certificate, issued by the competent authorities from which the vessels originate, stipulating that the vessels have been written off the Registry of this Contracting Party.

ARTICLE 11 CREW IDENTITY DOCUMENTS

1. The Contracting Parties shall mutually recognize the seafarers' identity documents issued by the relevant authorities of the other Contracting Party.

2. These identity documents shall be in the case of the Hellenic Republic the "Seaman's Book" and the "Greek Passport" and in the case of the Federal Republic of Nigeria the "Seaman's Certificate of Identity" and the "Nigerian Passport".

3. Should the Convention (2003) N. 185 of the International Labour Organization be ratified by the respective Contracting Parties, paragraph 2 of this Article shall not be valid and from that time the identity document is "Seafarer's Identification Document" issued by the competent authorities of either Contracting Party in accordance with the aforementioned Convention.

4. The provisions of Articles 12 and 13 apply to any person who is not a national of either Contracting Party but who possesses identity documents pursuant to the provisions of the relevant International Conventions in force. Such identity documents shall be issued by a country, which is a party to the aforementioned conventions, and the Contracting Parties shall grant to the holder of the identity documents the right to return to the issuing country.

ARTICLE 12 TEMPORARY SHORE LEAVE OF CREW

L Members of the crew of the vessels of one of the two Contracting Parties possessing the seamen's identity documents specified in Article 11 of this Agreement are permitted to stay for temporary shore leave without visas during the stay of the vessels in the ports of the other Contracting Party, provided that the masters submit a crew list to the competent authorities in accordance with the regulations in force in that port

2. Subject to the provisions of Article 12 (1) above, while going ashore and returning to the vessels the persons mentioned in the said Article are subject to frontier and customs control in force in that port- ARTICLE 13 SEAMEN IN TRANSIT

1. Holders of the seaman's identity documents specified in Article Π of this Agreement are permitted to enter or leave the territory of the other Contracting Party as passengers by any means of transport for the purpose of joining their vessel or transferring to another vessel, passing in transit to join their vessel in another country or for repatriation or in a case of emergency or for any other purpose approved by the authorities of this other Contracting Party.

2. In all the cases specified in paragraph 1 of this Article the seamen must have corresponding visas of the other Contracting Party which shall be granted by the competent authorities within the shortest possible time.

ARTICLE 14 IMMIGRATION LEGISLATION

1. Subject to the provisions of Articles 11-13 of this Agreement, the Immigration laws and regulations of one Contracting Partiy in respect of entry, stay and departure of foreigners shall apply in the territory of that Contracting Party.

2. Each Contracting Party reserves the right to deny entry to and/or stay in its territory to seamen whom it considers undesirable.

3. The provisions of Articles 12 and 13 of this Agreement shall apply to persons on board the vessels of the Contracting Parties who are neither crew members nor

included in the crew list but engaged in duties related to the service or the work of the vessel during her voyage and they are included in a special list

ARTICLE IS EMPLOYMENT OF SEAMEN

1. Shipowners of each Contracting Party, may employ on board their vessels flying the flag of the Contracting Parties, seafarers, nationals of the other Contracting Party, in accordance with the national legislation of the Contracting Party whose flag the vessel is flying.

2. Conditions of employment are freely agreed between the shipowners and the seafarers and they are included in the contract of employment Conditions of employment, may be determined by collective agreements signed between a Union of Shipowners of one of the Contracting Parties and die Seamen's Federation of the other Contracting Party, or the public authority of this other Contracting Party.

3. When vessels, flying the flag of a Contracting Parry, call at the ports of the other Contracting Party or sail into the territorial or the internal waters of the other Contracting Party, the other Contracting Party shall facilitate the replacement as well as the repatriation of seamen employed on board these vessels.

4. In case of any disputes arising out of the contract of employment, the applicable legislation and the exercised jurisdiction, will be the ones of the Contracting Party whose flag the vessel is flying.

ARTICLE 16 OFFENCES COMMITED BY SEAMEN

1. If a member of the crew of a vessel of one of the two Contracting Parties commits an offence on board the vessel while the vessel is within the internal waters of the other Contracting Party, the authorities of this Contracting Party shall not prosecute him without the consent of the competent diplomatic or consular officials of the first Contracting Party unless:

(a) the consequences of the offence extend to the territory of the second Contracting Party; or

(b) the offence is of a kind to disturb the peace, the public order and security of the other Contracting Party; or

(c) the prosecution is necessary for the suppression of illicit drug traffic (in narcotic drugs); or

(d) the master of the vessel has asked for the prosecution of the perpetrator; or

(e) the offence is committed against any person other than a member of the crew of that vessel.

2. In case of an offence committed on board a vessel flying the flag of one of the Contracting Parties, passing through the territorial sea of the other Contracting Party, and as far as the criminal jurisdiction is concerned, the provisions of the article 27 of the United Nations Convention on the Law of the Sea (1982) will apply.

3. (a) In me cases of paragraphs 1 and 2, a prior notification shall be given to the competent diplomatic or consular officials of the Contracting Party whose flag the vessel is flying, before any action is taken by the authority of the other Contracting Party.

(b) In case of emergency, the above mentioned notification, may be exercised at the time when the said measures are taken.

(c) The provisions of paragraph 1 of this Article, shall not affect the right of the authorities of the Contracting Parties to excercise any inspection or any investigation, according to their national legislation. .

4. In exercising their penal, civil and disciplinary jurisdiction, each Contracting Party shall take all necessary measures to avoid the detention of the vessels of the other Contracting Party. If such detention is absolutely necessary, the Contracting Parties shall limit the detention to the minimum or they shall permit the sail of the vessel on the submission of a guarantee.

ARTICLE 17

CIVIL PROCEEDINGS WITH RESPECT TO SEAMEN'S

EMPLOYMENT

The juridical and/or administrative authorities of either of the two Contracting Parties shall not undertake any civil proceedings related to a contract of employment of a crew member of a vessel of the other Contracting Party, unless they are so requested by the competent diplomatic or consular officials of the state whose the flag the vessel is flying.

ARTICLE 18 ASSISTANCE DURING EMERGENCIES

1. If a vessel of one of the two Contracting Parties suffers shipwreck, runs aground, is cast ashore or suffers any other accident off the coast of the other Contracting Party, the vessel and the cargo shall enjoy in the territory of the latter Contracting Party, the same treatment which is accorded to its national vessels and cargoes.

2. The vessel, its crew, passengers and cargo shall .be granted, at any time, help and assistance to the same extent as in case of a national vessel.

3. The cargo and articles unloaded or saved from the vessel specified in paragraph 1 of this Article, provided that they are not delivered for use or consumption in the territory of the other Contracting Party, shall not be liable to any customs duties.

4. The vessel so stranded or wrecked as well as all in its parts, debris, or accessories and all appliances, rigging, provisions and goods salvaged, including those jettisoned by such vessels or by vessels in distress,or the proceeds thereof if sold, as well as all documents found aboard the stranded or wrecked vessel or belonging to it, shall be delivered to tiie owner or his representatives when claimed by them.

5. The provisions of this Article, do not affect the rights of one of the Contracting Parties or of those authorised by this Contracting Party, to ask from the other Contracting Party, or from those authorised by the other Contracting Party, the corresponding compensation for any actions taken for the salvage of the vessel or any assistance provided to the vessel, the crew, the passengers and the cargo.

ARTICLE 19 RETENTION OF SOVEREIGNTY

The provisions of this Agreement do not affect the rights and obligations of the Contracting Parties, arising from International Conventions and agreements in force, related to maritime matters .

ARTICLE 20 TAXATION OF PROFITS

1. Profits derived from the operation or sale of vessels in international traffic shall be taxable only in the Contracting Party in which the vessels are registered or by which they are documented.

2, The provisions of paragraph 1, shall also apply to profits from the participation in a pool, a joint business or in an international operating agency.

3. Income from the operation of ships includes income derived from the use, maintenance or rental of containers (including trailers and related equipment for the transport of containers) in connection with the transport of goods or merchandise in international traffic.

ARTICLE 21 SETTLEMENT OF DISPUTES

Any differences concerning the interpretation or implementation of this Agreement shall be settled by negotiations set through diplomatic channels.

ARTICLE 22 , TENURE AND TERMINATION

1. The present Agreement shall be concluded for an unlimited period.

2. Each Contracting Party shall notify the other Contracting Party upon completion of their respective internal requirements for the entry into force of this Agreement.

3. Such entry into force shall be effective after the thirtieth day from the date of the last notification.

4. Each one of the Contracting Parties shall have the right to denounce this Agreement in writing, such denounciation being effective twelve months as from the date of its notification to the Other Contracting Party.

In WITNESS WHEREOF, the undersigned being duly authorized by their respective governments have signed this Agreement.

ΣΥΜΦΩΝΙΑ ΜΕΤΑΞΥ

ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ ΤΗΣ ΕΛΛΗΝΙΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΚΑΙ

ΤΗΣ ΚΥΒΕΡΝΗΣΕΩΣ ΤΗΣ ΟΜΟΣΠΟΝΔΙΑΚΗΣ ΔΗΜΟΚΡΑΤΙΑΣ ΤΗΣ ΝΙΓΗΡΙΑΣ ΓΙΑ ΤΙΣ ΘΑΛΑΣΣΙΕΣ ΜΕΤΑΦΟΡΕΣ

ΠΡΟΟΙΜΙΟ

Η Κυβέρνηση της Ελληνικής Δημοκρατίας και η Κυβέρνηση της Ομοσπονδιακής Δημοκρατίας της Νιγηρίας (που στη συνέχεια θα ονομάζονται Συμβαλλόμενα Μέρη).

Επιθυμώντας να αναπτύξουν την συνεργασία μεταξύ των δύο χωρών στον τομέα της Εμπορικής Ναυτιλίας και με σκοπό να συμβάλλουν στην ανάπτυξη της διεθνούς Ναυτιλίας με βάση τις αρχές της ελευθερίας της εμπορικής ναυτιλίας.

Έχοντας υπόψη τις αρχές, που τέθηκαν από το Διεθνές Δίκαιο και ειδικότερα από τις Διεθνείς Ναυτιλιακές Συμβάσεις στις οποίες τα δύο Μέρη είναι μέλη.

Αποφάσισαν την σύναψη της παρούσας Συμφωνίας.