Νόμος 3950/2011

Άρθρο 23

AGREEMENT ON MARITIME TRANSPORT BETWEEN

THE GOVERNMENT OF THE HELLENIC REPUBLIC

AND

THE GOVERNMENT OF THE KINGDOM OF BAHRAIN

The Government of the Hellenic Republic and the Government of the Kingdom of Bahrain (hereinafter referred to as the two Contracting Parties).

Desirous of developing cooperation in the field of merchant shipping between the two countries and with a view to contributing to the development of international shipping on the basis of the principles of the freedom of merchant navigation.

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

Have decided to conclude the present Agreement.

ARTICLE 1

For the purpose of this Agreement;

(1) The term "vessel of the Contracting Party" shall mean any vessel registered in the Shipping Register of that 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, and

(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 transhipped directly or indirectly at the ports of either of the Contracting 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 carry through tickets.

(4) The term "international maritime transport" shall mean any transport by a vessel, except when the vessel is operated solely between places situated in the territory of a Contracting Party.

ARTICLE 2

1 he Contracting Parties shall base the development of their shipping relations, on the principles of free and fair competition and freedom of navigation and they shall refrain from any action that could adversely affect the international maritime nansport 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 the territory of the other Contracting Party.

ARTICLE 3

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

2. The term "competent Authority" shall mean:

- in the Hellenic Republic the Ministry of Merchant Marine; and

- in the Kingdom of Bahrain the Ministry of Finance

I Will¹

ΦΕΚ 76

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

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 cooperation between their shipping and related enterprises and organizations.

ARTICLE 5

1. The Contracting Parties 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 Kingdom of Bahrain in the sea transport of goods and passengers between the ports of the Contracting Parties.

-(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) ίο 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.

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 taking the appropriate steps for ensuring the free participation of their merchant fleets in international trade on a commercially competitive basis.

ARTICLE 6

The vessels of each of the two Contracting Parties when calling at a port of the other 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 winch 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 of the two Contracting Parties may call at one or more ports of the other Party for loading all or part of their cargo destined for foreign ports, without payment of dues other than those levied in similar cases by the other contracting Party on its vessels.

ARTICLE 7

1. Each Contracting Party shall afford to the-vessels of the other Contracting Party die same ^treatment as it affords to its own vessels engaged in international voyages in respect of free access to ports, allocation of berths and full 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 tin's 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 of the Contracting Parties 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 Contracting Party 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 to the transportation of immigrants.

ARTICLE 8

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

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

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 \iessels, 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

The documents certifying the nationality of vessels as well as any other ships' documents issued or recognized by one of the two Contracting Parties, shall be recognized by the other Party. As far as the safety sector is concerned, the Contracting Parties 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.

The vessels of each of the Contracting Parties which are equipped with Tonnage Measurement Certificates shall not be subject to re-measurement in the ports of the other 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 Party without presentation of a certificate, issued by the competent Authorities from which the vessels originate, stating that the vessels have been written off the Registry of that Party.

ARTICLE U

1.

issued by the ι competent Authorities of the other Party for members of the crew who are nationals of this Party, and grant to the persons who possess these identity documents the rights mentioned in Articles 12 and 13 of this Agreement, on the conditions specified in them. These identity documents are;

in the case of the Hellenic Republic the Greek Seaman's book or the Greek passport

in the case of the Kingdom of Bahrain the Bahrain Seaman's book.

2.

person who is not a national of either of the Contracting Parties but possesses an identity document in conformity with the provisions of the Convention on Facilitation of International Maritime Traffic (1965), and the

Annex thereto, or which has been issued in accordance with Convention No 108 of the International Labour Organization (1958), concerning seafarer's national identity documents.

3.

possible, apply to any person who is not a national of the Hellenic Republic or a national of the Kingdom of Bahrain and possesses an identity document other than those referred to in paragraph 2 of this Article.

ARTICLE 12

1.

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. While going ashore and returning to the vessels the persons mentioned above are subject to frontier and customs control in force in that port.

ARTICLE 13

1.

Agreement are permitted to enter or leave the territory of the other 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 Party.

2.

corresponding visas of the other Contracting Party which shall be granted by the competent Authorities within the-shortest possible time.

ARTICLE 14

1. Subject to the provisions of Articles 11-13 of this Agreement, the national regulations of the Parties in respect of entry, stay and departure of foreigners are kept fully in force in the territories of the Contracting Parties.

2.

stay in its territory to seamen whom it considers undesirable.

3.

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 15

1.

vessels flying the flag of the Contracting Parties, seafarers, nationals of the other Party, in accordance with the national legislation of the Party whose flag the vessel is flying.

2.

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 Parties and the Seamen's Federation of the other Party, or the public Authority at the other Party.

3.

the other Party, or are sailing into the territorial or the internal waters of such other Party, this Party should facilitate seamen employed on board these vessels in their replacement as well as in their repatriation.

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

ARTICLE 16

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

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

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

(c) the prosecution is necessary for the suppression ot 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.

1 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 will be applied.

3. (a) In the cases of paragraph 1 and 2 a prior notification shall be given to the competent diplomatic or consular officials of the Party whose flag the vessel is flying, before any action is taken by-the Authority of the Coastal Party.

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

<e) The provisions of paragraph I of this Article, shall not affect the right of the Authorities of the Contracting Parties to excereise 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 sailing of the vessel on the submission of a guarantee.

ARTICLE 17

The juridical and/or adminisfrative Authorities of either of the two Contracting Parties, shall not undertake any civil proceedings related to a contract of employment •f a crew member of a vessel of the second Party, unless they are so requested by the competent diplomatic or consular officials of the Party whose flag the vessel is Hying.

ARTICLE 18

1.

aground, is cast ashore or suffers any other accident off the coast of the other Party, the vessel and the cargo shall enjoy in the territory of the latter 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 they are not delivered for use or consumption in the territory of the other Party, shall not be liable to any customs duties.

4.

accessories and all appliances, riggings, 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 the 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 Party, to ask from the other Party, or from those authorised by this second 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.

ΦΕΚ 76

ARTICLE 19

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

ARTICLE 20

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

1. To ensure the implementation of this Agreement and for consultations on principal problems of mutual relations in the field of maritime transport the Contracting Parties shall establish a Joint Committee which shall meet at the request of both Parties.

Apart from the work of supervising the application of this Agreement, the Committee will have the right to make recommendations towards the competent Authorities of the Contracting Parties.

2. The representatives constituting the above mentioned Joint Committee as well as the matters which shall be discussed will be agreed between the competent Authorities of the Contracting Parties.

ARTICLE 22

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

ARTICLE 23

This Agreement shall enter into force on the 30^th day after the Contracting Parties have notified each other through diplomatic channels to the effect that the constitutional requirements for its entry into force have been complied with.

This Agreement shall remain in force until terminated by a Contracting Party. Either Contracting Party may at any time terminate this Agreement through diplomatic channels, by giving 12 months written notice.

BST WITNESS WHEREOF, the undersigned being duly authorized thereto by their respective Governments, have signed this Agreement.

Done in duplicate in Manama, on May 2006, in the Greek, Arabic and English Ihnguages, all the three texts being equally authentic. In the event of conflict of

FOR THE GOVERNMENT OF THE KINGDOM OF BAHRAIN

H.E. SHEIKH AHMED BIN MOHAMMED AL KHALIFA MINISTER OF FINANCE

interpretation, the English text will prevail.

FOR THE GOVERNMENT OF THE HELLENIC REPUBLIC

MARINE

Άρθρο δεύτερο

Η ισχύς του παρόντος νόμου αρχίζει από τη δημοσίευση του στην Εφημερίδα της Κυβερνήσεως και της Συμφωνίας που κυρώνεται από την ολοκλήρωση των προϋποθέσεων του άρθρου 23 παράγραφος 1 αυτής.

Παραγγέλλομε τη δημοσίευση του παρόντος στην Εφημερίδα της Κυβερνήσεως και την εκτέλεσή του ως νόμου του Κράτους.

Αθήνα, 7 Απριλίου 2011

Ο ΠΡΟΕΔΡΟΣ ΤΗΣ ΔΗΜΟΚΡΑΤΙΑΣ

ΚΑΡΟΛΟΣ ΓΡ. ΠΑΠΟΥΛΙΑΣ

ΟΙΚΟΝΟΜΙΚΩΝ

ΓΕΩΡΓΙΟΣ ΠΑΠΑΚΩΝΣΤΑΝΤΙΝΟΥ

ΠΡΟΣΤΑΣΙΑΣ ΤΟΥ ΠΟΛΙΤΗ

ΧΡΗΣΤΟΣ ΠΑΠΟΥΤΣΗΣ

ΟΙ ΥΠΟΥΡΓΟΙ ΕΞΩΤΕΡΙΚΩΝ

ΔΗΜΗΤΡΙΟΣ ΔΡΟΥΤΣΑΣ

ΔΙΚΑΙΟΣΥΝΗΣ, ΔΙΑΦΑΝΕΙΑΣ ΚΑΙ ΑΝΘΡΩΠΙΝΩΝ ΔΙΚΑΙΩΜΑΤΩΝ

ΧΑΡΑΛΑΜΠΟΣ ΚΑΣΤΑΝΙΔΗΣ

ΘΑΛΑΣΣΙΩΝ ΥΠΟΘΕΣΕΩΝ, ΝΗΣΩΝ ΚΑΙ ΑΛΙΕΙΑΣ

ΙΩΑΝΝΗΣ ΔΙΑΜΑΝΤΙΔΗΣ

Θεωρήθηκε και τέθηκε η Μεγάλη Σφραγίδα του Κράτους.

Αθήνα, 8 Απριλίου 2011 Ο ΕΠΙ ΤΗΣ ΔΙΚΑΙΟΣΥΝΗΣ ΥΠΟΥΡΓΟΣ ΧΑΡΑΛΑΜΠΟΣ ΚΑΣΤΑΝΙΔΗΣ

ΕΘΝΙΚΟ ΤΥΠΟΓΡΑΦΕΙΟ

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