municipal port police regulations · • amendment to municipal port police regulations •...

MPPR – Antwerp Port Authority

MUNICIPAL PORT POLICE REGULATIONS

Municipal council decision of 22 October 2018

• New municipal port police regulations

• Promulgated on 24 October 2018

• In force since 12 November 2018

MUNICIPAL PORT POLICE REGULATIONS

Municipal council decision of 19 December 2016


• Promulgated on 21 December 2016

• In force since 01 January 2017

Municipal council decision of 15 December 2014



• In force since 23 December 2014

Municipal council decision of 24 February 2014


• Promulgated on 04 March 2014

• In force since 09 March 2014

Municipal council decision of 13 September 2004

• Amendment to municipal port police regulations


• In force since 04 January 2005


• Amendment to municipal port police regulations

• Promulgated on 02 May 2002

• In force since 07 May 2002



• Promulgated on 13 March 2000

• In force since 18 March 2000


1 GENERAL PROVISIONS ....................................................................................................... 10

1.1 Definitions ....................................................................................................................... 10

Article 1.1.1. definitions ...................................................................................................................... 10

1.2 Scope + PI (*) ................................................................................................................... 16

Article 1.2. 1. regulations .................................................................................................................. 16

1.3 Competences of the harbourmaster .............................................................................. 17

Article 1.3. 1. orders .......................................................................................................................... 17

Article 1.3. 2. permits ........................................................................................................................ 17

2 PROVISIONS RELATING TO ORDER, SECURITY AND ENVIRONMENTAL PROTECTION .. 18

2.1 General provisions .......................................................................................................... 18

Article 2.1. 1. mandatory certificates + PI ....................................................................................... 18

Article 2.1. 2. duty of notification for masters ................................................................................ 18

Article 2.1. 3. duty of notification for port users............................................................................. 19

Article 2.1. 4. shipping safety ........................................................................................................... 19

Article 2.1. 5. master under the influence of alcohol ...................................................................... 19

Article 2.1. 6. view from the command bridge ................................................................................ 19

Article 2.1.6.1. inland navigation ........................................................................................................ 19

Article 2.1.6.2. seagoing vessels .......................................................................................................... 20

Article 2.1.6.3. seagoing vessels and barges ...................................................................................... 20

Article 2.1. 7. safe speed ................................................................................................................... 20

Article 2.1. 8. transverse thrust ........................................................................................................ 20

Article 2.1. 9. anchors........................................................................................................................ 20

Article 2.1. 10. propulsion ................................................................................................................ 20

Article 2.1. 11. mooring alongside other vessels ............................................................................ 21

Article 2.1. 12. cargo or objects hanging over board ...................................................................... 21

Article 2.1. 13. deck cargoes ............................................................................................................. 21

Article 2.1. 14. relative ship movements ......................................................................................... 21

Article 2.1. 15. heaving lines ............................................................................................................. 21

Article 2.1. 16. sunken and/or obstructing vessels or objects ....................................................... 21

Article 2.1. 17. Port Authority equipment ....................................................................................... 22

Article 2.1. 18. rescue equipment ..................................................................................................... 22

Article 2.1. 19. open fire .................................................................................................................... 22

Article 2.1. 20. fireworks ................................................................................................................... 22

Article 2.1. 21. overflow or discharge + PI ...................................................................................... 22

Article 2.1. 22. dangerous animals ................................................................................................... 23

Article 2.1. 23. escaping gases and vapours .................................................................................... 23

Article 2.1. 24. lay-up of vessels + PI ................................................................................................ 23

Article 2.1. 25. remotely piloted aircraft system (RPAS) + PI ........................................................ 23

Article 2.1. 26. fire fighting equipment ............................................................................................ 23


2.2 Access to the port and presence of persons and companies in the port area ............. 24

Article 2.2. 1. access to the work area of the locks + PI .................................................................. 24

Article 2.2. 2. access to vessels and quays ....................................................................................... 24

Article 2.2. 3. access for emergency services to companies in the port + PI ................................ 24

Article 2.2. 4. access to companies ................................................................................................... 25

Article 2.2.4.1 ISPS port facilities + PI ............................................................................................. 25

Article 2.2.4.2 Access measures + PI ................................................................................................ 25

Article 2.2.4.3 Unlawful access ......................................................................................................... 25

Article 2.2.4.4 Unauthorised access via ship ................................................................................... 25

Article 2.2.4.5 Reporting of breaches of access and ISPS measures .............................................. 25

Article 2.2. 5. waste dumping ........................................................................................................... 25

Article 2.2. 6. pollution of quays - grounds and buildings ............................................................. 25

Article 2.2. 7. snowfall or icing ......................................................................................................... 25

Article 2.2. 8. maintenance of adjacant strips/roads ..................................................................... 26

2.3 Various activities ............................................................................................................ 27

Article 2.3. 1. floating activities + PI ................................................................................................ 27

Article 2.3. 2. boat trips + PI ............................................................................................................. 27

Article 2.3. 3. water sports + PI ........................................................................................................ 27

Article 2.3. 4. fishing + PI .................................................................................................................. 27

Article 2.3. 5. ambulant trade ........................................................................................................... 27

3 PROVISIONS RELATED TO SHIPPING ................................................................................ 28

3.1 General provisions .......................................................................................................... 28

Article 3.1. 1. Notification of seagoing vessels + PI ........................................................................ 28

Article 3.1. 2. Notification of barges + PI ......................................................................................... 28

Article 3.1. 3. authority of the HMO/STM ........................................................................................ 28

Article 3.1. 4. mandatory VHF + PI ................................................................................................... 28

Article 3.1. 5. detection systems + PI ............................................................................................... 29

Article 3.1. 6. signals at locks + PI .................................................................................................... 29

Article 3.1. 7. priority rules .............................................................................................................. 29

Article 3.1. 8. precautionary areas + PI ........................................................................................... 30

3.2 Berths .............................................................................................................................. 31

Article 3.2. 1. berth allocation .......................................................................................................... 31

Article 3.2. 2. berthing in the vicinity of locks and bridges + PI .................................................... 31

Article 3.2. 3. proper berthing + PI .................................................................................................. 31

Article 3.2. 4. use of spud poles ....................................................................................................... 31

Article 3.2. 5. berthing instructions ................................................................................................. 31

Article 3.2. 6. maximum mooring width + PI .................................................................................. 31

Article 3.2. 7. safe mooring + PI ....................................................................................................... 31

Article 3.2. 8. manned at berth ......................................................................................................... 32

Article 3.2. 9. releasing mooring devices ......................................................................................... 32

Article 3.2. 10. safe boarding ............................................................................................................ 32

Article 3.2. 11. crew and passenger list + PI .................................................................................... 32

Article 3.2. 12. vessel lighting ........................................................................................................... 32


Article 3.2. 13. services ..................................................................................................................... 33

3.3 Locks (+ PI) ...................................................................................................................... 34

Article 3.3. 1. use of locks + PI .......................................................................................................... 34

Article 3.3. 2. priority at locks + PI ................................................................................................... 34

Article 3.3. 3. slots ............................................................................................................................. 34

3.4 Bridge channels .............................................................................................................. 35

Article 3.4. 1. bridge signals with exception of the Petroleum channel + PI ............................... 35

Article 3.4. 2. Petroleum channel signals ........................................................................................ 35

Article 3.4. 3. signals Lillo bridge, Noordkasteel bridges + PI ....................................................... 35

Article 3.4. 4. Passage restriction + PI ............................................................................................. 36

Article 3.4. 5. cargo projecting over the hull ................................................................................... 36

3.5 Mandatory use of AIS ...................................................................................................... 37

Article 3.5. 1. operational AIS ........................................................................................................... 37

3.6 Mandatory use of BTS ..................................................................................................... 38

Article 3.6. 1. BTS + PI ....................................................................................................................... 38

3.7 Safety requirements for the calibration of measuring equipment .............................. 39

Article 3.7.1. requirements for the calibration of measuring equipment onboard tankers .......... 39

3.8 Conditions for diving operations, repairs, blasting and painting work ...................... 40

Article 3.8.1. diving operations for inspection and/or repair of floating structures + PI .............. 40

Article 3.8.2. diving operations for inspection and/or repair of port infrastructure + PI ............. 40

Article 3.8.3.repairs on ships and above-water floating structures + PI ......................................... 40

Article 3.8.4. repairs on above-water port infrastructure + PI ........................................................ 40

Article 3.8.5. blasting work on steel structures on the quay + PI .................................................... 40

Article 3.8.6. immobilisation of vessels .............................................................................................. 40

Article 3.8.7. gas-free certificate ......................................................................................................... 40

3.9 Shore power supply ........................................................................................................ 41

Article 3.9.1 shore power + PI ............................................................................................................ 41

3.10 Waste collection ............................................................................................................ 42

Article 3.10.1.waste from barges + PI ................................................................................................ 42

Article 3.10.2.waste from seagoing ships + PI ................................................................................... 42

3.11 Discharge of ballast water ............................................................................................ 43

Article 3.11.1 ballast water of seagoing ships ................................................................................... 43

3.12 Conditions for fumigation of ships ............................................................................... 44

Article 3.12. 1. vermin control and disinfection operations on board + PI................................... 44

Article 3.12. 2. ships with fumigated bulk cargo ............................................................................. 44

3.13 Conditions for tankers and tank barges ...................................................................... 45

Article 3.13. 1. Tankers + PI .............................................................................................................. 45

Article 3.13. 2. Tank barges + PI ....................................................................................................... 45

Article 3.13. 3. floating equipment ................................................................................................... 45

Article 3.13. 4. access to Marshall dock + PI .................................................................................... 45

Article 3.13. 5. personnel on board .................................................................................................. 45

Article 3.13. 6. cargo of different classes ......................................................................................... 45

Article 3.13. 7. flame arrestors ......................................................................................................... 45

Article 3.13. 8. degassing .................................................................................................................. 45

Article 3.13. 9. activities on board of tankers + PI .......................................................................... 45


Article 3.13. 10. connection of pipelines .......................................................................................... 46

Article 3.13. 11. Direct transfer + PI ................................................................................................. 46

Article 3.13. 12. nature and weight of cargo ................................................................................... 46

Article 3.13. 13. Cargo operations on board of tankers and tanker barges not berthed at tanker

berths ................................................................................................................................. 46

4 PROVISIONS RELATING TO GOODS STORAGE AND HANDLING .................................. 47

4.1 General provisions + PI .................................................................................................. 47

Article 4.1. 1. environmental nuisance ............................................................................................ 47

Article 4.1. 2. Handling and storage of solids or liquids in bulk + PI ............................................ 47

Article 4.1. 3. Handling of solid bulk goods + PI ............................................................................. 47

Article 4.1. 4. Dangerous or troublesome bulk goods .................................................................... 47

Article 4.1. 5. classification documents ........................................................................................... 47

Article 4.1. 6. damaged packaging or containers + PI .................................................................... 48

4.2 General conditions for the handling and storage of dangerous and/or contaminating

goods + PI ................................................................................................................................. 49

Article 4.2. 1. required documentation for dangerous and/or contaminating goods ................. 49

Article 4.2. 2. packaging requirements for dangerous and/or contaminating goods .................. 49

Article 4.2. 3. submitting internal emergency response plan ........................................................ 49

Article 4.2. 4. declaration of dangerous and/or contaminating goods + PI .................................. 49

Article 4.2.4.1 training requirement + PI ........................................................................................... 49

Article 4.2.4.2 tasks of shipping agent................................................................................................ 49

Article 4.2. 5. packaged dangerous goods + PI ................................................................................ 50

Article 4.2. 6. maximum allowed quantities .................................................................................... 50

Article 4.2. 7. deviations, exceptions + PI ........................................................................................ 51

Article 4.2. 8. safety measures .......................................................................................................... 51

Article 4.2. 9. segregation regulations for packaged dangerous goods + PI ................................. 51

Article 4.2. 10. recognised container terminals +PI ....................................................................... 51

4.3 Particular conditions for the handling of dangerous goods and contaminated goods

on front quays.......................................................................................................................... 52

Article 4.3. 1. short-time storage on front quays + PI .................................................................... 52

Article 4.3. 2. reporting for goods on fore-quays + PI .................................................................... 52

4.4 particular conditions for the handling and storage of dangerous and contaminating

goods at transit storage facilities in back areas .................................................................... 53

Article 4.4. 1. CFS accreditation ....................................................................................................... 53

Article 4.4. 2. reporting for container freight stations + PI ............................................................ 53

Article 4.4. 3. transit storage locations in back areas other than CFS ........................................... 53

Article 4.4. 4. conditions for transit storage facilities in back areas other than CFS + PI ............ 53

Article 4.4. 5. reporting for back areas other than CFS + PI ........................................................... 53

4.5 Particular conditions for the handling and storage of technically pure ammonium

nitrate and equivalent mixtures ............................................................................................ 54

Article 4.5. 1. types of ammonium nitrate + PI ............................................................................... 54


Article 4.5. 3. direct handling ........................................................................................................... 55


Article 4.5. 4. no combined loading.................................................................................................. 55

Article 4.5. 5. additional segregation provisions for containers ................................................... 55

Article 4.5. 6. mandatory fire watch service + PI ............................................................................ 55

Article 4.5. 7. duty to notify the central explosives department ................................................... 55

Article 4.5. 8. storage of ammonium nitrate fertilisers and equivalent mixtures ........................ 55

Article 4.5. 9. ammonium nitrates benefiting from exemption ..................................................... 55

4.6 Special conditions for the handling and storage of highly toxic gases ........................ 56

Article 4.6. 1. highly toxic gases + PI ................................................................................................ 56


Article 4.6. 3. direct handling ........................................................................................................... 56

Article 4.6. 4. berth restriction ......................................................................................................... 56

Article 4.6. 5. loading or unloading of more than 100 kg net + PI ................................................. 56

Article 4.6. 6. no pumping over of highly toxic gases ..................................................................... 56

Article 4.6. 7. storage of highly toxic gases...................................................................................... 56

4.7 Special conditions for the handling and storage of class 7 goods ................................ 57

Article 4.7. 1. transport authorisation and recognition + PI .......................................................... 57

Article 4.7. 2. handling + PI ............................................................................................................... 57

Article 4.7. 3. storage of radioactive substances ............................................................................. 57

Article 4.7. 4. locations for the handling of class 7 goods + PI ....................................................... 57

4.8 Particular conditions for the handling and storage of explosives ............................... 58

Article 4.8. 1. maximum allowed quantities of explosives + PI ..................................................... 58

Article 4.8. 2. duty to notify the Explosives department ................................................................ 58

Article 4.8. 3. Transport authorisation ............................................................................................ 58

Article 4.8. 4. Direct handling ........................................................................................................... 58

4.9 Special conditions for the handling of second hand vehicles ...................................... 59

Article 4.9. 1. permission for placing vehicles on the quay ............................................................ 59

Article 4.9. 2. lay-out conditions for new terminals for second hand vehicles ............................ 59

Article 4.9. 3. organisational measures against surface water contamination ............................ 59

Article 4.9. 4. checking of conditions for second hand vehicles + PI ............................................. 60

Article 4.9. 5. information second hand vehicles on quay ............................................................. 60

Article 4.9. 6. duty of terminal operator .......................................................................................... 61

Article 4.9. 7. rejected second hand vehicles + PI ........................................................................... 61

Article 4.9. 8. contamination by second hand vehicles .................................................................. 61

Article 4.9. 9. additional cargo + PI .................................................................................................. 61

Article 4.9. 10. mobilisation of vehicle ............................................................................................. 62

Article 4.9. 11. weigh bill for + 3.5 tonnes ....................................................................................... 62

Article 4.9. 12. access for emergency services ................................................................................ 62

Article 4.9. 13. stay periods .............................................................................................................. 62

4.10 Special conditions for the fumigation of goods ........................................................... 63

Article 4.10. 1. fumigation area ........................................................................................................ 63

Article 4.10. 2. recognition + PI ........................................................................................................ 63

Article 4.10. 3. operating conditions ................................................................................................ 63

Article 4.10. 4. fumigation procedure + PI ...................................................................................... 63

5 PUBLIC PORT SERVICES AND OTHER PORT SERVICES ................................................ 64


5.1 Pilotage ............................................................................................................................ 64

5.1.1. General provisions for the qualification and organisation of the pilotage service ... 64

Article 5.1.1.1. public port service ...................................................................................................... 64

Article 5.1.1.2. competent authority ................................................................................................... 64

Article 5.1.1.3. establishing the framework ....................................................................................... 64

Article 5.1.1.4. general and special conditions .................................................................................. 64

Article 5.1.1.5. authorisations ............................................................................................................. 65

Article 5.1.1.6. operational planning .................................................................................................. 65

Article 5.1.1.7. coordination role of the HMO/STM .......................................................................... 66

5.1.2. Special provisions for service providers ..................................................................... 66

Article 5.1.2.1. exclusive service provider ........................................................................................ 66

Article 5.1.2.2. prohibition .................................................................................................................. 66

5.1.3. General provisions for port users ................................................................................ 67

Article 5.1.3.1. requirement to use pilotage services ........................................................................ 67

Article 5.1.3.2. exemption from pilotage requirement + PI .............................................................. 67

Article 5.1.3.3. exceptional circumstances ......................................................................................... 67

5.2 Mooring and unmooring................................................................................................. 68

5.2.1. General provisions for the qualification and organisation of the service ................. 68




Article 5.2.1.4. general and special conditions .................................................................................. 68



Article 5.2.1.7. coordination role of the HMO/STM .......................................................................... 70

Article 5.2.1.8. berths ........................................................................................................................... 70

5.2.2. Special provisions for the organisation of the service ................................................ 71

Article 5.2.2.1. exclusive service provider ......................................................................................... 71

Article 5.2.2.2. several service providers ........................................................................................... 71

5.2.3. Specific provisions for service providers .................................................................... 73

Article 5.2.3.1. additional instructions ............................................................................................... 73


Article 5.2.4.1. mandatory use of boatmen ........................................................................................ 73

Article 5.2.4.2. exemption from boatman requirement .................................................................... 73

Article 5.2.4.3. berths ........................................................................................................................... 73

5.3 Towage + PI ..................................................................................................................... 74

5.3.1. General provisions for the qualification and organisation of the towage service .... 74



Article 5.3.1.3.scope of application ..................................................................................................... 74


Article 5.3.1.5. general and particular conditions ............................................................................. 74


Article 5.3.1.7.navigation areas .......................................................................................................... 76

Article 5.3.1.8. scope of authorisations .............................................................................................. 76



Article 5.3.1.10. coordination role of the HMO/STM ........................................................................ 76

Article 5.3.1.11. derogations ............................................................................................................... 77

5.3.2. Special provisions for the organisation of the towage service ................................... 77

Article 5.3.2.1. exclusive service provider ......................................................................................... 77

Article 5.3.2.2. several service providers ........................................................................................... 77

5.3.3. Specific provisions for service providers .................................................................... 78

Article 5.3.3.1. additional instructions for service providers ........................................................... 78

5.3.3.2 Registration in information system ....................................................................................... 78


Article 5.3.4.1. unauthorised service providers ................................................................................ 78

Article 5.3.4.2. request for and use of tugs......................................................................................... 79

Article 5.3.4.3. Tug requirement ......................................................................................................... 81

Article 5.3.4.4. responsibilities of the master .................................................................................... 81

Article 5.3.4.5. additional services ...................................................................................................... 82

5.3.5. Specific provisions for port users + PI ......................................................................... 82

Article 5.3.5.1. additional instructions for port users ....................................................................... 82

5.3.6. Transitional provisions ................................................................................................ 82

Article 5.3.6.1.transitional provisions ................................................................................................ 82

5.4 Oil spill control ................................................................................................................ 84

5.4.1. General provisions for the qualification and organisation of the service ................. 84




5.4.2. General provisions for service providers .................................................................... 84



Article 5.4.3.1. provisions for containment and clean-up measures for oil spills pending the entry

into force of the oil spill contingency plan ......................................................................................... 85

Article 5.4.3.2. provisions for containment and clean-up measures for oil spills + PI ................... 85

5.4.4. Other provisions for port users (polluters and other port users) ............................. 86

Article 5.4.4.1. other provisions for port users ................................................................................. 86

5.5.Bunkering .......................................................................................................................... 87

5.5.1 Provisions for qualification and organisation of the service ...................................... 87

Article 5.5.1.1 Port service .................................................................................................................. 87

Article 5.5.1.2. Competent authority .................................................................................................. 87

Article 5.5.1.3. Establishing the framework....................................................................................... 87

Article 5.5.1.4 Licence .......................................................................................................................... 87

Article 5.5.1.5 Transfer of information .............................................................................................. 87

5.5.2. Provisions for service providers .................................................................................. 88

Article 5.5.2.1 Licence .......................................................................................................................... 88

Article 5.5.2.2 Licence conditions + PI ............................................................................................... 88

Article 5.5.2.3 Licence application ...................................................................................................... 88

Article 5.5.2.4. Revoking the licence at the service provider's request ........................................... 88

Article 5.5.2.5. Obligations as part of the bunkering operation ....................................................... 88


5.5.3 Provisions for port users ............................................................................................... 89

Article 5.5.3.1 Obligation to use a licensed service provider ........................................................... 89

Article 5.5.3.2 Obligations as part of the bunkering operation ........................................................ 89

5.5.4 Provisions for the service to be provided ..................................................................... 90

Article 5.5.4.1 Conditions for bunkering operation + PI ................................................................... 90

Article 5.5.4.2 Mobile bunkering + PI ................................................................................................. 90

Article 5.5.4.3. De-bunkering + PI ....................................................................................................... 90

Article 5.5. 4.4 Fuel check + PI ............................................................................................................ 90

Article 5.5.4.5 Simultaneous operations + PI..................................................................................... 90

Article 5.5.4.6 Bunkering checklist + PI ............................................................................................. 90

Article 5.5.4.7. Safe berthing alongside + PI ...................................................................................... 90

Article 5.5.4.8 Access to receiving vessel ........................................................................................... 91

Article 5.5.4.9 Mandatory notification + PI ....................................................................................... 91

Article 5.5.4.10 Monitoring and proper communication .................................................................. 91

5.5. 5 Transitional provisions ................................................................................................ 91

6 PENAL AND FINAL PROVISIONS ...................................................................................... 92

Article 6. 1. implementation conditions .......................................................................................... 92

Article 6. 2. law of 5 May 1936 ......................................................................................................... 92

Article 6. 3. immediate collection..................................................................................................... 92

Article 6. 4. abolition and transitional provisions .......................................................................... 92

(*) + PI = article with Port Instruction


1 GENERAL PROVISIONS

1.1 Definitions

ARTICLE 1.1.1. DEFINITIONS

1) “ACC”: Antwerp Coordination Centre: coordination centre where all actors involved in shipping

management services are accommodated. It is located at Potpolderweg, Antwerp;

2) “ADN”: European Agreement concerning the international carriage of dangerous goods by

inland waterways, signed in Geneva on 26 May 2000;

3) “ADR”: European Agreement concerning the international carriage of dangerous goods by road,

signed in Geneva on 30 September 1957;

4) "Air draft": vertical distance measured from the waterline to the vessel's highest point;

5) "AIS": Automatic Identification System: tracking system using onboard transponders to transmit

position and navigation information, thereby enabling automated identification;

6) "APCS": Antwerp Port Community System: port-wide partnership between the Port Authority

and Alfaport Antwerpen which offers a network of systems and solutions for electronic

communication with the aim of making supply chains using the Port of Antwerp more efficient,

transparent and reliable;

7) "APICS": Antwerp Port Information and Control System: system used, among other things, to

monitor ship movements from, to and within the port, tug activities, lock scheduling, berth

management, freight handling and registration of dangerous goods;

8) "ATA": Actual Time of Arrival. The actual time at which a vessel passes or moors at a location; 9) "ATD": Actual Time of Departure. The actual time at which a vessel departs from a location; 10) "Back area": any area other than the front quay;

11) "Cargo handling": all operations related to the pre-carriage, post-carriage, loading, unloading,

pumping, and transhipment of cargo;

12) “Barge (also called inland waterway vessel or inland vessel)": ship for the commercial transport

of goods and/or persons, intended solely for navigation on inland waterways;

13) "Barge Operators (BO)": all transport enterprises that are active in transport of containers by barge and that call at the port with barges and/or pusher convoys;

14) "Blocking document": document used to block a container, meaning it cannot be moved until a

gas release certificate is issued by a specially recognised user;

15) "Boatman": person who assists in the berthing and unberthing of vessels and who holds a licence

under the Pilotage Decree for this purpose;

16) "BTS": Barge Traffic System: central booking and monitoring system for container inland

navigation;

17) “BTS charter”: an accompanying set of rules that govern the handling of container barges within the Port of Antwerp;

18) "Bunkering": supplying a ship with fuel oil, lubricating oil or liquefied natural gas (LNG);

19) "Bunker”: a tanker used to provide other vessels with fuel-, or lubricating oil or natural gas.

20) "Captain": master of a seagoing vessel;


21) "Cargo operations (tankers)": transferring cargo, cleaning tanks, venting tanks and any other

operation involving a risk of escaping cargo or cargo vapours;

22) "Certified port facility": port facility that complies with the ISPS code and holds a port security

certificate issued by the National Authority for Maritime Security after approval by the

Ministerial Committee for Intelligence and Security.

23) “City port” (def. stadshaven NL)

24) "Class 7 goods": substances, including solutions and mixtures, classified by a consignor as

radioactive substances (class 7) according to the international regulations for the transport of

dangerous goods or classified into another hazard class, with class 7 being identified as subsidiary

risk and that have been assigned a UN number;

25) "CP": Coordination Point Antwerp

26) “Dangerous goods”:

a. goods as defined in the "International Maritime Dangerous Goods Code " (IMDG Code);

b. goods as defined in chapter 17 of the "International Code for the Construction and

Equipment of Ships Carrying Dangerous Chemicals in Bulk" (IBC Code)

c. goods as defined in chapter 19 of the "International Code for the Construction and

Equipment of Ships Carrying Liquefied Gases in Bulk" (IGC Code)

d. goods as defined in group B of the "International Maritime Solid Bulk Cargoes Code"

(IMSBC Code)

e. goods as defined in ADN, ADR or RID

27) "De-bunkering": the opposite of bunkering , i.e. unloading of fuel from ships;

28) "Direct transfer": transfer of goods from one means of transport to another;

29) "Environmental permit (environmental permit for the operation of a classified facility or

activity)”: a prior written permit from the competent authority to operate or alter an

establishment belonging to the first or second class, or the notification of an establishment

classified as third class, in accordance with article 4 of the Flemish decree of 28 June 1985

concerning the environmental permit (or article 6 of the Flemish decree of 25 April 2014

concering the environmental permit);

30) "Emergency rescue area": competent emergency rescue area of the fire brigades. For the port

this is either the Antwerp Area Fire Brigade or the Waasland emergency rescue area.

31) "Emergency towline": Steel cable of sufficient strength and length, one side of which is secured to the ship, the other side being provided with an eye that is secured one metre above the waterline with a breakable line.

32) "ETA": estimated time of arrival;

33) "Explosive": dangerous substance with explosive, deflagrating or pyrotechnic properties, as

defined in the Explosives Act of 28 May 1956 and the Royal Decree of 23 September 1958

containing general regulations concerning the manufacture, storage, possession, sale,

transportation and use of explosives;

34) "Fairway": part of the waterways located in the port that can be navigated by vessels;

35) "Front quay": operational area adjacent to a quay wall intended for transhipment, to which the

operator has access for the exclusive purpose of handling transit goods;

36) "Fumigation coordinator or his representative": person designated by the site operator as being

responsible for the coordination of all fumigation operations in the fumigation area and co-

responsible for compliance with the applicable regulations;


37) "Fumigation": all activities related to the application of poisonous gas for the purpose of

disinfecting goods and spaces, including inspection of the space to be fumigated, injection of

the fumigant, monitoring during fumigation, aeration, and release of the fumigated area;

38) "Fumigation area": effective work area for fumigation and venting of containers;

39) "Gas free certificate": document issued by a accredited gas expert in which te latter declares

the vessel or container to be gasfree;

40) "Gas free certificate": document issued by a Recognised gas expert stating that the ship or

container has been tested to be gas free;

41) "Goods handling": all operations relating to activities such as loading, unloading, handling,

receiving, inspecting, marking, delivering, storing, transporting, transhipment (direct transfer

between vessels), pumping over, inward and movements of goods. This enumeration is not

exhaustive.

42) “Harbourmaster”: individual whose authority is laid down in the law of 5 May 1936 establishing

the status of harbourmasters and in the port decree;

43) "Harbourmaster's Office (hereinafter called the HMO)": department, composed of the harbour

master and his representatives, which are responsible for taking all measures to safeguard public

order, peace, environmental integrity and security of the port activities, including:

• Regulation of handling, loading and unloading and storage of goods and embarkation and

disembarkation of passengers;

• Regulation of access to the port area and traffic handling in the port area;

• Safeguarding of the environment, integrity and security of the port area;

44) “Harbour pilot”: holder of a pilot's licence as referred to in the Pilotage Decree;

45) “Harbour pilotage”: navigation of a vessel by a pilot for the purpose of safely passing non-tidal

areas of the port;

46) "International Ship and Port facility Security” (ISPS) code: international code for the security of

ships and port facilities, transposed into European Regulation 725/2004 of 31 March 2004 on

enhancing ship and port facility security;

47) “Lay-up of a seagoing vessel”: a seagoing ship is laid up when it is not under repair and not in

active use.

48) "Maritime security": combination of preventive measures and human and material resources to

enhance the security of ships, port facilities and ports in the face of threats of security incidents

and intentional unlawful acts;

49) “Master”: individual who is entrusted with the command of the vessel or who actually

commands the vessel;

50) "Maximum allowed fumigation area": demarcated area in open air, other than the public road

or a public place, intended solely for fumigation and venting of containers. This area includes the

fumigation area and the safety area;

51) "Mooring width": largest distance or largest number of ships measured or counted

perpendicular to the quay, between the quay edge and the outermost edge on the side of the

fairway used by shipping;

52) "Mooring": berthing a vessel in the port in before of or behind the lock complexes and making it

fast to a quay, bollards, a buoy or alongside another vessel;

53) "Notice of fumigation": document announcing a fumigation. This document indicates that the

fumigation firm will carry out a fumigation in the fumigation zone;


54) "Obstructing shipping traffic": navigating in such a way as to impede the free passage of another

vessel or create danger of collision;

55) "Pleasure boat": vessel, other than a seagoing ship or barge, used or designed for boating, with

the exception of vessels used or designed for the transportation of more than 12 passengers;

56) "Polluting goods" are:

a. grades of oil as defined in Annex I of the Marpol Convention

b. harmful liquids as defined in Annex II of the Marpol Convention

c. harmful liquids as defined in Annex III of the Marpol Convention

d. any other good capable of causing an emission that has or may have direct or indirect

harmful effects on human health or the environment;

57) "Port Authority": The Havenbedrijf Antwerpen nv (Antwerp Port Authority), a limited company

incorporated under public law, with registered office at Zaha Hadidplein 1, 2030 Antwerp,

BE248.399.380;

58) "Port of Antwerp”: the area as defined by the Flemish Government, the areas along the River

Scheldt, intended for the construction of berthing facilities for seagoing vessels and barges, as

defined in art. 5, 1° of the law of June 19th 1978 concerning the management and exploitation of

the area on the left bank abreast of Antwerp and for the management and exploitation of the

port of Antwerp;

59) "Port Instruction": instruction with regard to the practical implementation of these regulations;

60) "Port user": any individual in the port area or making use of the port infrastructure;

61) "Precaution area": port navigation areas where vessels are required to navigate with special

caution due to specific traffic situations or heavy traffic

62) "Radioactive substance": dangerous substance classified in IMDG class 7 because of its

hazardous properties;

63) "Recognised container freight station (CFS)": open or covered transit storage facility where

dangerous goods awaiting further conveyance can be stored for stuffing or stripping a container,

and recognised by the harbourmaster;

64) "Recognised container terminal": terminal specifically designed for the handling of containerised

cargo and recognised by the harbourmaster for the handling of dangerous goods;

65) "Recognised gas expert": person holding at least a master's degree in chemistry, who has

successfully passed a test at the Fire Department and the HMO on specific knowledge of

degassing covering both technological and safety aspects of shipbuilding, and who is authorised

to issue gas free certificates;

66) "Release document": document instructing the release of a container for fumigation purposes;

67) "Responsible person of a vessel": shipping company, shipowner, charterer, master or person

acting as authorised representative of one of the aforementioned parties;

68) "RID": regulations concerning the international carriage of dangerous goods by rail, Annex C to

the Convention concerning international carriage by rail (COTIF), signed in Vilnius on 3 June 1999;

69) “RTA”: Requested Time of Arrival, required by the ACC;

70) "Safety folder": folder containing all relevant information on fumigation operations that can be

performed at a terminal;

71) "Scrubber water": water from a flue gas scrubber system on board of seagoing ships;

72) "SDS": Safety Data Sheet;


73) "Seagoing ship with dangerous cargo in bulk": seagoing ship, built or fitted for the bulk carriage

of dangerous goods, laden in whole or in part with such goods or empty but not yet freed of

dangerous residues and degassed;

74) "Seagoing vessel": ship, other than a barge, carrying or capable of carrying goods and/or persons

on the high seas for commercial purposes;

75) "Second hand vehicle": any vehicle that is able to be ridden and/or self-ridding and that is not new

and is not waste;

76) “SEVESO establishment": An establishment where hazardous substances are present, which

engages in operations involving these hazardous substances, and thus falls within the scope of

the Seveso Directive (Directive 2012/18/EU of 4 July 2012 transposed into Belgian legislation by

the Cooperation Agreement of 5 June 2015 – BOG: 20 August 2015);

77) "Shifting of a ship": moving a ship from one berth to another berth in the port;

78) "Shipping traffic management (hereinafter called: the HMO/STM)”: department acting on

behalf of and under the authority of the harbourmaster which is responsible for managing ship

and barge traffic to, from and in the port;

79) "Short-term storage on front quays": use of the front quay for the exclusive purpose, and no

longer than strictly necessary, for the storage of cargo unloaded or to be loaded via the port;

80) "Skipper": master of a barge or pleasure boat;

81) “Solid bulk cargo”: Any cargo, other than liquid or gaseous, made up of a combination of

particles, granules or larger pieces of material in a uniform composition, that is loaded directly

into the holds of a ship without any packaging or covering.

82) "Specially recognised user": individual recognised as such in accordance with the applicable

regulations and in possession of a special permit issued by the harbourmaster;

83) "Spud poles": vertical pipe construction with which vessels can anchor themselves in the

bottom;

84) "Stern-to mooring": mooring a vessel with its longitudinal axis at right angles to the quay;

85) "Tank barge": a barge built or modified for the transport of dangerous liquids and/or gases in

bulk, identified and included as such in the ADN, and carrying such goods or having one or more

cargo tanks on board that are empty but not cleaned;

86) "Tanker": a seagoing vessel designed fort he transport of liquid oil (products), chemicals or gas in

bulk;

87) "Tanker berth": berth recognised by HMO for mooring tankers and tank barges;

88) "Terminal Operators (TO)": all terminal operators that handle goods on their respective sites in

the port;

89) "Towing": assisting or pulling a vessel by means of one or more tugboats;

90) "Transit storage facility": facility for the temporary storage of goods, products or substances

prior to or after carriage;

91) “Tug order”: the confirmation of a request for tug assistance, whether changed or not changed

by the (ship)master or his representative;

92) "Unmooring": releasing a vessel from a quay, bollards or another vessel in beforeof or behind

the lock complexes, for the purpose of shifting it within the port or leaving the port;

93) "Vessel": any floating object or floating assembly which is or was used, or which is or was

capable of being used as a means of transport via/over water, including an object without

displacement and a seaplane;


94) “Waterproof hard surface”: non-porous hard surface, with no seams or with waterproof finished

seams (asphalt, concrete or equivalent).

95) "Water sports": both nautical sports (e.g. rowing, canoeing, kayaking, gondoliering, sailing,

surfing, skiing, tubing, pedaloing, water scootering) and swimming sports (e.g. swimming, diving,

snorkelling, water polo);


1.2 Scope + PI (*)

(*) PI: Port Instruction

Article 1.2. 1. REGULATIONS

1. These regulations apply in the port.

2. In addition, the provisions of the following laws, decrees and regulations apply:

• Regulation (EU) 2017/352 of the European Parliament and of the Council of 15

February 2017 establishing a framework for the provision of port services and

common rules on the financial transparency of ports

• law of 5 May 1936 establishing the official status of harbourmasters

• law of 11 April 1989 containing the approval and implementation of various

international Maritime Acts for shipping (Wrecks Act)

• law of 5 February 2007 concerning maritime security (ISPS)

• law of 19 June 1978 concerning the management of the Scheldt left bank area at

Antwerp and containing measures for management and operation of the Port of

Antwerp

• decree of 19 April 1995 concerning the organisation and operation of the pilotage

service of the Flemish Region and concerning the certification of harbour pilot and

boatswain (Pilotage Decree)

• decree of 2 March 1999 containing the policy and management of Flemish seaports

(Port Decree)

• decree of 17 March 2006 implementing Directive 2001/96/EC of the European

Parliament and of the Council of 4 December 2001 establishing harmonised

requirements and procedures for the safe loading and unloading of bulk carriers

• Royal Decree of 1 December 1975 containing general regulations on the road traffic

police

and the use of the public road (Highway Code)

• Royal Decree of 24 September 2006 containing general police regulations for

navigation on inland waterways (APSB)

• Royal Decree of 9 March 2007 containing crew requirements on waterways of the

Kingdom

• all other applicable laws, decrees, decisions, agreements, rules and regulations and

all subsequent supplements or amendments to the aforementioned laws, decrees,

decisions, agreements, rules and regulations

3. Unless specified otherwise in these regulations, the provisions of the following decrees also

apply in the port:

• Royal Decree of 23 September 1992 containing the police regulations of the Lower

Sea Scheldt

• Royal Decree of 23 September 1992 containing navigation regulations for the Lower

Sea Scheldt


4. Each port user is required to be familiar with and to adhere to these regulations and the

above-mentioned legislation. For the practical implementation conditions of these

regulations and the port instructions please refer to art. 6.1.

1.3 Competences of the harbourmaster

Article 1.3. 1. ORDERS

1. Without prejudice to the authority of the other officers or agents of the judicial police, the

HMO is responsible for safeguarding the safety of shipping in the port and maintaining the

provisions of these regulations, including:

• Regulation of handling, loading and unloading and storage of goods and embarkation

and disembarkation of passengers;

• Regulation of access to the port area and traffic handling in the port area;

• Safeguarding of the environment, integrity and security of the port area.

All orders and measures imposed by the HMO in this context, including oral ones, must be

strictly implemented and complied with.

2. Without prejudice to the authority of the harbourmaster as officer of the judicial police,

auxiliary officer of the Public Prosecutor's Office, and the legislation regarding searches, the

HMO is authorised to go on board of vessels and to enter all locations, buildings, warehouses

and vehicles located in the port.

3. The harbourmaster may prohibit vessels or other means of transport that are not used for

commercial operations or whose intended or actual use compromises or may compromise

the orderly, peaceful and safe conduct of the port business, or whose presence otherwise

interferes or may interfere with the efficient, smooth or normal operation of the port or

certain areas thereof, from staying in the port or certain areas thereof, or from entering or

exiting the port or certain areas thereof; the harbourmaster may also impose special

restrictions or conditions in this respect.

4. The harbourmaster is authorised to immediately seize any vessel or object obstructing

shipping, at the expense, risk and peril of the master, skipper, shipping company or

shipowner.

Article 1.3. 2. PERMITS

1. All oral or written permits granted under these regulations are issued by the Port Authority

or the HMO, and can be revoked at any time.

2. Each permit may be subject to certain conditions.

3. The permit application procedure is specified in the relevant port instruction.

4. Anyone acting in breach of or failing to comply with one or more of the applicable conditions,

will be considered as having acted without permission.

5. The holder of a written permit is required to show it to the HMO on request.

6. The Port Authority and/or the HMO cannot be held liable, directly or indirectly, for damage

caused by force majeure in the exercise of their duties.


2 PROVISIONS RELATING TO ORDER, SECURITY AND

ENVIRONMENTAL PROTECTION

2.1 General provisions

Article 2.1. 1. MANDATORY CERTIFICATES + PI

Any vessel or floating structure in the port or planning to call on the port, must be safe and suitable

for the purposes they are being used for. In this connection, HMO may at any time demand the

necessary certificates and evidence of adequate insurance and, where appropriate, impose

additional conditions or ban the vessel from the port until the required certificates and/or insurance

policy are presented to the HMO.

Article 2.1. 2. DUTY OF NOTIFICATION FOR MASTERS

1. Masters:

a. of vessels who had a fire on board during the voyage or during their stay in the port;

b. of vessels that sustained damage, which may or may not be visible or apparent, as a

result of collision, stranding or other danger at sea;

c. of vessels that caused damage to any part of the port facilities, equipment, vehicles,

and/or other vessels;

d. of vessels that have abnormally large angles of heel;

e. of vessels that have lost or risk losing cargo, fuel or objects;

f. who have detected an obstacle in the water

g. of vessels that were contaminated by a pollutant, regardless of nature or origin;

h. of vessels in danger of sinking;

i. of vessels that sustained hull, propeller or rudder damage in the port,

are required to immediately notify the HMO thereof. Such notification does not relieve the

master of the vessel concerned of the obligation to take himself the necessary measures on

board to fight the calamity; in case of loss of fuel, however, such measures are limited to

those set out in chapter 5.4. The use of detergents or dispersants for cleaning the hull, port

infrastructure or surface water is prohibited unless permission has been obtained from the

HMO.

2. Without prejudice to the other provisions of this article, masters must, whenever there is a

risk of danger for, damage or inconvenience to shipping, warn approaching shipping and take

measures to keep the fairway clear.

3. Entering locks, passing bridge channels, berthing or leaving their mooring at quays, buoys,

jetties or floats, is prohibited without prior permission of the HMO after any of the incidents

referred to in point 1, letters a; b; c; d; e; g; h and i. This prohibition can be lifted by the

HMO, without prejudice to the HMO's right to request a declaration by a shipping expert

recognised by the Court of Commerce, stating that the vessel in question can enter and leave

the docks and berth or leave a berth without any further danger or additional contamination.


The costs for such a declaration shall be borne by the vessel, the master, the owner or the

charterer. Permission to sail after inspection may be withheld until the costs have been paid

or a payment guarantee has been provided.

4. Work on the ship and all loading/unloading operations may, on instruction of the HMO, be

stopped until completion of the cleaning activities.

5. After notification of hull, propeller or rudder damage (point 1, letter i) to the HMO, the HMO

shall allocate the vessels involved a mandatory berth in the immediate vicinity of the location

where the alleged damage was incurred, which berth they may not leave until the HMO has

taken a statement from the master on board.

6. The master shall fully assist the HMO in their investigation into the possible cause and

circumstances, on board and in the immediate vicinity of the vessel, of the incidents referred

to in 1.

Article 2.1. 3. DUTY OF NOTIFICATION FOR PORT USERS

Each port user witnessing or causing an incident that causes or may cause hindrance, damage or

danger, must immediately notify the HMO thereof.

Article 2.1. 4. SHIPPING SAFETY

No one should compromise shipping safety or unnecessarily delay shipping traffic.

Article 2.1. 5. MASTER UNDER THE INFLUENCE OF ALCOHOL

The harbourmaster may impose any measures deemed necessary on vessels whose master is

allegedly drunk or in a similar state, caused by the use of intoxicating, stimulating or hallucinogenic

substances.

Article 2.1. 6. VIEW FROM THE COMMAND BRIDGE

ARTICLE 2.1.6.1. INLAND NAVIGATION

The skipper must load his vessel in such a way that the necessary view for proper and safe

control of the vessel is fully guaranteed. By "necessary view" is meant:

• The view from the conning position must be sufficiently unobstructed at all times;

• From a vertical point of view, this means that the distance from the bow to the point

where the helmsman has no unobstructed view on the surface of the water should

not exceed 350m

• From a horizontal viewpoint, this means that the horizontal field of unobstructed

vision at the helmsman's normal position shall be at least 240° of the horizon, with

at least 140° within the forward semicircle;

• Optical aids to reduce the area of obstructed vision may not be taken into

consideration;

• No window frames, supports or superstructures shall be located in the helmsman's

normal axis of vision;


• Where no sufficient unobstructed view to the aft is possible, fixed optical aids may

be used.

ARTICLE 2.1.6.2. SEAGOING VESSELS

The captain must load his vessel in such a way that the necessary view for proper and safe control of

the vessel is fully guaranteed. For a definition of unobstructed view please refer to the International

Solas Convention - chapter 5 Regulation 22 - view from the navigation bridge.

ARTICLE 2.1.6.3. SEAGOING VESSELS AND BARGES

When shifting within docks on the same shore (without use of a lock), the master must take

appropriate measures to ensure safe navigation, if the view from the bridge or from the wheelhouse

of a vessel is restricted due to the design of the vessel or the cargo.

By “appropriate measures" may be understood: the use of a tugboat, to be connected at the front, or

the removal of objects that impede the view.

Article 2.1. 7. SAFE SPEED

Masters must maintain a safe speed at all times, taking into account such factors as local

circumstances, weather conditions, shipping traffic and their cargo.

They are required to regulate the speed of their vessel in such a way that no damage can be caused

to other vessels, to their mooring equipment, their cargo or to harbour structures by suction, waves

or any other reason.

Masters must strictly observe any speed limits that may be imposed by the HMO.

Article 2.1. 8. TRANSVERSE THRUST

Masters must mitigate the use of means that cause transverse thrust at places where this may cause

danger to quay walls, jetties, mooring buoys, dolphins and floats, and/or other vessels.

Article 2.1. 9. ANCHORS

1. Anchors must be used or secured so that they will not damage other vessels or structures.

2. A dragging anchor may only be used for manoeuvring.

3. It is prohibited to drop anchor in bridge and lock channels, in locks or within 25 metres from

a mooring buoy or in the vicinity of underwater divers and/or cables and/or lines, the

location of which is indicated by signs or other means.

4. It is prohibited to signal anchors at the bottom of the dock without permission of the HMO.

Article 2.1. 10. PROPULSION

Masters of vessels moored at quays, jetties, mooring buoys, dolphins or floats, or in locks, may only

keep their engine(s) running if there is no thrust without any, unless permission has been obtained

from the HMO.


Article 2.1. 11. MOORING ALONGSIDE OTHER VESSELS

It is prohibited to moor a vessel to another vessel that is not properly moored.

Article 2.1. 12. CARGO OR OBJECTS HANGING OVER BOARD

1. Lines or other objects, with the exception of fenders and emergency towlines, may not be

hung over board.

2. Fenders may not touch the water during sailing.

3. Fenders must be in good condition and hanged properly.

4. In the locks, only fenders with positive buoyancy may be used.

Article 2.1. 13. DECK CARGOES

It is prohibited to release deck cargoes in the lock.

Article 2.1. 14. RELATIVE SHIP MOVEMENTS

1. A vessel following another vessel in the same direction and not wishing or being unable to

overtake her, should not approach the first vessel too close as notto hinder her in her

movements and/or cause damage to structures and/or other vessels. The following vessel

shall keep a sufficient distance between both vessels.

2. Ships should not pass each other if such passing may hinder another vessel and/or cause

damage to structures and/or the own vessel.

Article 2.1. 15. HEAVING LINES

1. The use of heaving lines, the end of which is weighted in such a way that throwing these lines

may cause danger and/or damage and/or injury, is prohibited.

2. When approaching the berth, a sufficient number of heaving lines and mooring lines must be

kept ready on the vessels, both at the bow and the stern.

3. When entering the locks, each mooring line must be provided with a heaving line.

Article 2.1. 16. SUNKEN AND/OR OBSTRUCTING VESSELS OR OBJECTS

1. The responsible person of a sunken vessel and the user, owner or responsible person of an

object that obstructs shipping is required to immediately notify HMO thereof, stating the

circumstances and an accurate designation of the location of the vessel or object.

2. The persons involved must, both by day and by night, place buoys above the sunken vessel

or above the object that obstructs shipping and monitor/guard it, in the manner

determined by the HMO.

3. In case of non-compliance with the requirement sub 2, HMO may automatically take

appropriate measures to place buoys and to have the sunken or obstructing object

monitored at the expense, risk and peril of the defaulting party(ies).

4. The persons sub 1 must ensure that the sunken vessel or the obstructing object is retrieved

and, if necessary removed from the port, within the time set by the harbourmaster and,


where applicable, in accordance with the procedure specified or other instructions issued by

the harbourmaster.

5. Each port user must immediately notify the HMO of any objects fallen into the dock water,

regardless of whether they hinder shipping.

Article 2.1. 17. PORT AUTHORITY EQUIPMENT

Equipment of the Port Authority may only be operated by persons appointed by the Port Authority or

with permission of HMO.

Article 2.1. 18. RESCUE EQUIPMENT

Rescue equipment may only be used for its intended purpose.

Article 2.1. 19. OPEN FIRE

The use of open fire and flame, grinding, soldering, burning, welding or any other work involving heat

or producing sparks, is prohibited unless prior permission is obtained from the HMO.

For the permit application procedure please refer to art. 3.8.

Article 2.1. 20. FIREWORKS

It is prohibited to light fireworks in the port without permission of the HMO.

Article 2.1. 21. OVERFLOW OR DISCHARGE + PI

1. Liquids or solids, whether or not mixed together or diluted with water, may not be

discharged into the water or onto the quay without prior permission from the HMO.

This prohibition shall not apply to:

discharges for which an environmental permit (or environmental permit for the

operation of a classified establishment or activity) has been issued or which were

exempted from the environmental permit requirement under the Surface Waters Act of

26 March 1971.

Discharges of waters from barges resulting from the washing of broom clean and vacuum

clean holds or drained cargo tanks. This also includes ballast water and rainwater

originating from these holds or cargo tanks. Disposing must be carried out in accordance

with the requirements of the discharge standards and the discharge and intake

regulations of Appendix III of Annex 2 of the CDNI. It is prohibited to throw objects into

the water without prior permission from the HMO.

2. For discharge of ballast water, cf. Article 3.11.

3. For ship waste, cf. Article 3.10.

4. For the provisions governing oil calamities, cf. section 5.4


Article 2.1. 22. DANGEROUS ANIMALS

It is prohibited to have animals roaming around freely when any danger or hinder is possible, both

ashore or on board.

Article 2.1. 23. ESCAPING GASES AND VAPOURS

It is prohibited to allow gases and/or vapours to escape that may cause a hazard or harm to human

health or the environment.

Cargo operations on board of tankers, under way, at anchor, or moored at a non-tanker berth or in a

lock, are prohibited.

Here cargo operations are defined as: tank cleaning, venting of tanks, cargo transfer and every other

operation which can lead to escape of cargo and/or cargo vapors, independent of the nature of the

product.

Article 2.1. 24. LAY-UP OF VESSELS + PI

The lay-up of a seagoing ship in the Port of Antwerp shall be subject to written permission from the

Harbourmaster.

A laid-up ship can be left unmanned or be (partially) manned.

"Warm lay-up": (partial) crew on board with certain machinery running, e.g. generators and the like

(usually for a shorter period of time)

"Cold lay-up": no crew on board and all machinery shut down (usually for a longer period of time).

Article 2.1. 25. REMOTELY PILOTED AIRCRAFT SYSTEM (RPAS) + PI

The provisions of the Royal Decree of 10 April 2016 on the use of remotely piloted aircraft systems in

Belgian airspace shall apply in the port area.

Permission of the Harbourmaster shall also be required once the requisite certificates and permits

from the Aviation DG have been submitted.

Article 2.1. 26. FIRE FIGHTING EQUIPMENT

The concessionaire and/or operator must provide for adequate fire fighting equipment appropriate

to the circumstances and the risk.

All fire fighting equipment must be periodically inspected and/or maintained, accessible at all times,

and clearly signposted.


2.2 Access to the port and presence of persons and companies in the

port area

Article 2.2. 1. ACCESS TO THE WORK AREA OF THE LOCKS + PI

The fenced area around the locks is accessible only to authorised persons or with permission of the

HMO.

Article 2.2. 2. ACCESS TO VESSELS AND QUAYS

1. Masters must ensure that no unauthorised persons are admitted aboard their vessels.

2. Masters must ensure not to place cables, anchors or other objects on quays, jetties and

banks that may obstruct passage or impede road traffic.

Article 2.2. 3. ACCESS FOR EMERGENCY SERVICES TO COMPANIES IN THE PORT + PI

1. General

For the organisation of smooth access and passage for emergency vehicles to companies

located in the port area, the provisions imposed by the territorially competent authorities

and (emergency) services shall remain in force.

2. Site layout plan

At each entrance to an enclosed area, except for areas under permanent surveillance, a clear

site layout plan must be posted, representing the enclosed area and its entrances. The plan

must include such useful information as any third-party facilities and quay numbers. It must

also clearly indicate how the gate can be opened by the emergency services.

The site layout plan may be kept in a secure location behind a barrier, but must be readily

accessible for the emergency services.

3. Gates and accessibility of the areas

Gates must be capable of being opened immediately at the request of the emergency

services.

Cordoning off entrances and passageways with containers or other materials is not allowed

without prior permission from the Harbourmaster's Office. Permission may be granted in

exceptional and temporary circumstances.

An enclosed area must be provided with clear and unambiguous signage, so that all facilities,

companies, railway tracks, quays, etc. are easily accessible.

4. Changes in access roads and gates

The owner and/or concessionaire shall report any structural changes to company entrances

or lay-out of the site to the Harbourmaster's Office and to the competent emergency rescue

area.


5. Fire-fighting equipment

The couplings where tugs can supply water must be accessible and visible from the water at

all times. Other fire-fighting and emergency equipment must be accessible and provided with

clear sign boards at all times.

Article 2.2. 4. ACCESS TO COMPANIES

The HMO can, at all times gain access to and enter sites, terminals and port facilities. They are

required to observe the safety rules imposed by the terminal or facility.

Article 2.2.4.1 ISPS PORT FACILITIES + PI

Each port user must comply with the ISPS security requirements and adhere to the security measures

applicable to ISPS certified port facilities.

Article 2.2.4.2 ACCESS MEASURES + PI

ISPS port facilities must take appropriate measures depending on their activity, to prevent

unauthorised persons from gaining access to the facility. Each terminal must clearly indicate the

boundaries of its site and inform the users of the applicable access procedure.

Article 2.2.4.3 UNLAWFUL ACCESS

It is prohibited to gain unlawful access or to facilitate unlawful access to an ISPS terminal. To gain

lawful access to an ISPS facility, the procedures of the terminal must be followed.

Article 2.2.4.4 UNAUTHORISED ACCESS VIA SHIP

Masters of vessels berthed at the boundary of an ISPS port facility must see to it that their vessel is

not used by unauthorised third parties to gain access to the ISPS port facility.

Article 2.2.4.5 REPORTING OF BREACHES OF ACCESS AND ISPS MEASURES

Breaches of applicable security measures taken by ISPS certified port facilities must be reported by

the security officer of the port facility to the maritime security officer of the port and the members of

the competent local authority (LCMB - Local Committee for Maritime Security Antwerp).

Article 2.2. 5. WASTE DUMPING

Waste dumping is prohibited in the port.

In case of mandatory disposal by the competent services, the costs shall be borne by the offender.

Article 2.2. 6. POLLUTION OF QUAYS - GROUNDS AND BUILDINGS

Each port user polluting quays, grounds or buildings through any activity whatsoever, is required to

notify HMO forthwith thereof. They must also take appropriate measures to mitigate and clean up

the pollution.

In case of mandatory disposal by HMO, the costs shall be borne by the offender.

Article 2.2. 7. SNOWFALL OR ICING

After snowfall or icing, concessionaries and/or owners of sites must, at their expense, immediately

and with due diligence, take all reasonable steps to ensure access to and safe use of their grounds.


Article 2.2. 8. MAINTENANCE OF ADJACANT STRIPS/ROADS

Concessionaries and/or owners of sites are required to keep clean and regularly remove weed from

strips located between their quays and/or grounds and the adjacent roads, in accordance with the

Flemish regulations governing the use of pesticides.


2.3 Various activities

Article 2.3. 1. FLOATING ACTIVITIES + PI

1. Unless permission has been obtained from the HMO, it is prohibited to sail or lay in the port

with:

• floating loading/unloading equipment

• a vessel used as workplace

• a floating warehouse and/or store

2. Launching and/or sailing with life boats other than those of the emergency services, is

prohibited without permission of the HMO.

Article 2.3. 2. BOAT TRIPS + PI

The oranisation of boattrips in the port is prohibited without permission of the HMO.

Article 2.3. 3. WATER SPORTS + PI

The organisation of water sports in the port is prohibited without permission of the HMO.

Article 2.3. 4. FISHING + PI

Fishing from a vessel or from the quay is only allowed in designated areas.

Fishing in places where fishing is allowed is always subject to being in possession of a fishing permit

issued by the Agency for Nature and Forests.

Article 2.3. 5. AMBULANT TRADE

It is forbidden to engage in ambulant trade activities.


3 PROVISIONS RELATED TO SHIPPING

3.1 General provisions

Article 3.1. 1. NOTIFICATION OF SEAGOING VESSELS + PI

1. Prior to arrival at, during their stay in, and upon departure from the port, seagoing vessels

must complete a number of administrative formalities such as:

• Pre-notification

• First berth application

• Berth application shift

• Shift and departure

These forms must be submitted via the APICS counter or the APCS message distribution

centre.

The berth application must include the mooring side.

The information provided by the shipping agent must always reflect the actual situation and

shall, if necessary, be updated by the shipping agent. He is responsible for the information

specified.

2. The shipping agent or master shall, on their own responsibility, reach an agreement on the

berth with the terminal operator.

3. HMO/STM may make a mooring side mandatory (even if it does not correspond with the

mooring side requested by the shipping agent). It cannot be changed by third parties.

The 'board indications' on quays and mooring schedules published by the terminal operator,

in relation to the mooring side, are of secondary importance in this case.

Article 3.1. 2. NOTIFICATION OF BARGES + PI

Prior to arrival at, during their stay in and upon departure from the port, barges must complete a

number of administrative formalities.

Article 3.1. 3. AUTHORITY OF THE HMO/STM

HMO and HMO/STM in particular have authority over the shipping traffic inside the port, over

shifting of vessels between berths, over the shipping traffic from and to locks, and over the lock

movements.

Article 3.1. 4. MANDATORY VHF + PI

1. A vessel must be equipped with a properly working VHF system approved by the authorities,

suitable for ship-to-ship traffic, for the reception of nautical information, and for

communication with the services provided for maritime traffic.

2. In a lock, a vessel must maintain a watch on the channel of the lock.

3. In the port, a vessel must maintain a watch on the navigation and safety channel of the port.


For safety reasons, the language to be used is Dutch or English.

Article 3.1. 5. DETECTION SYSTEMS + PI

The Port Authority uses cameras, VHF, radar and other detection systems in the exercise of its port

administration.

It receives, records, processes and manages this data.

If personal data is processed in connection with detection systems or other systems used for shipping

assistance (APICS, BTS, VHF or any other system), the Port Authority will undertake all such

processing in accordance with applicable regulations, including, but not limited to, Regulation (EU)

2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of

natural persons with regard to the processing of personal data and the free movement of such data

and repealing Directive 95/46/EC (General Data Protection Regulation or GDPR) and the national

legislation implementing this Regulation.

The information to be provided, as required by Articles 13 and 14 of Regulation 2016/679, to all data

subjects who provide personal data or of which the Port Authority processes personal data that was

not directly obtained in connection with detection systems or systems used for shipping assistance

(APICS, BTS, VHF or any other method), is accessible on the website of the Port Authority:

(https://www.portofantwerp.com/sites/portofantwerp/files/20180926_GPDR_Municipal_Port_Polic

e_Regulations.pdf)

Article 3.1. 6. SIGNALS AT LOCKS + PI

Masters of vessels who want to enter one of the locks and/or access channels, are required to

comply strictly and expeditiously with the signals shown on the signal masts, relating to the entering

and/or the order of entering.

After the lock gates are opened, vessels must obey the exit signals, if present.

Orders issued by the lock management overrule the lock signals.

Article 3.1. 7. PRIORITY RULES

1. The fairways of the port area are divided into main fairways and secondary fairways.

2. The priority rules for main fairways apply in both directions. For instance, the fairway from

Zandvliet/Berendrecht to B2 is also considered a main fairway from B2 to

Zandvliet/Berendrecht.

3. The following shall be considered main fairways in the Right Shore port area:

a. The fairway formed from the Zandvliet and Berendrecht locks to Canal Dock B2,

Canal Dock B1, towards Hansa Dock up to the imaginary line between the dock side

of the lock north of the Boudewijn lock and the corner of quays 250-252;

b. The fairway formed from the Zandvliet and Berendrecht lock to Canal Dock B3;

c. The fairway formed from the Boudewijn and Van Cauwelaert locks to the Hansa

Dock, the 5th Harbour Dock, the America Dock, to the Albert Dock.

https://www.portofantwerp.com/sites/portofantwerp/files/20180926_GPDR_Municipal_Port_Police_Regulations.pdf

https://www.portofantwerp.com/sites/portofantwerp/files/20180926_GPDR_Municipal_Port_Police_Regulations.pdf


4. The following are considered main fairways in the Left Shore port area:

a. The fairway formed from the Kallo lock through the Waasland canal up to the south-

easterly corner of the channel of the Kieldrecht lock (harbour 1616)

b. The fairway formed from the channel of the Kieldrecht lock along the Waasland canal

direction and including the Verrebroek Dock.

5. All fairways leading to the main fairways as well as the Royers lock are considered secondary

fairways.

6. The following priority rules shall apply to shipping traffic in the port's fairways:

Main fairways have priority over secondary fairways.

Right Shore:

a. The main fairway under 3 a) has priority over the fairway under 3 b)

b. At the passage of the 5th Harbour Dock-Hansa Dock:

Shipping traffic from the Hansa Dock to the 5th Harbour Dock has priority over traffic

from the 5th Harbour Dock to the Hansa Dock.

Left Shore:

The main fairway under 4 b) has priority over the fairway under 4 a)

The priority rules shall apply in both directions (to and from the respective locks).

7. These priority rules do not release any vessel from compliance with other requirements

imposed by or under these regulations or other applicable regulations, whether expressly or

implied.

Article 3.1. 8. PRECAUTIONARY AREAS + PI

A number of precautionary areas have been established in the port.

The priority rules referred to in Article 3.1.7 shall continue to apply in these precautionary areas.

Vessels located in the precautionary areas and not destined for a lock there (passing vessels) shall

not hinder the manoeuvring of seagoing ships located in the precautionary area which are

proceeding to the lock. Special attention is required when these seagoing ships are assisted by tugs.

The manoeuvrability of the tugs shall not be restricted.


3.2 Berths

Article 3.2. 1. BERTH ALLOCATION

1. The HMO/STM allocates berths to vessels.

2. Berth allocation does not relieve the master of the obligation to check that the allocated

berth is suitable for his vessel and safe.

3. If the master considers the berth to be unsuitable or unsafe, he must immediately notify the

HMO/STM.

Article 3.2. 2. BERTHING IN THE VICINITY OF LOCKS AND BRIDGES + PI

Vessels may not be berthed at one of the lock heads or in the access channel of locks or bridges

without permission of HMO.

Article 3.2. 3. PROPER BERTHING + PI

1. Masters are required to ensure that their vessel is berthed properly, taking into account the

tide, the loading condition, the weather conditions and, where appropriate, passing ships.

2. Masters must take all possible measures, including using their own fenders or other devices,

to prevent damage to the port infrastructure.

3. Berthing must be carried out without impeding traffic or the use of the port facilities.

Article 3.2. 4. USE OF SPUD POLES

The use of spud poles is prohibited without prior permission of the HMO.

Article 3.2. 5. BERTHING INSTRUCTIONS

1. Masters may berth their vessels only at the berthing facilities provided for this purpose.

2. Berthing facilities may only be used for berthing vessels.

3. Without prior permission of the HMO, vessels shall not be berthed in a way they cause

hindrance to passing traffic.

Article 3.2. 6. MAXIMUM MOORING WIDTH + PI

1. Masters must strictly follow the HMO guidelines related to mooring width and maximum

number of vessels lying alongside each other.

2. Stern-to quay mooring is not allowed without permission of the HMO.

Article 3.2. 7. SAFE MOORING + PI

1. The terminal operator shall not give permission to berth if there are specific indications that

berthing could compromise the safety of his installations. He must immediately notify the

HMO/STM thereof so that the necessary observations can be carried out and appropriate

action be taken if necessary.


2. Berthing a seagoing ship at a quay is permitted only if the berth is completely free of shipping

traffic over a safe length and if the gantry cranes are topped at a safe location.

3. The terminal operator shall ensure that at the time of arrival and departure of the vessel at

the berth:

- all container cranes are topped

- no quay cranes are located within the 2 bollards in front of and behind the bow and

the stern of the ship.

Article 3.2. 8. MANNED AT BERTH

1. Masters are always required to have sufficient crew on board to be able to shift their vessel

immediately.

2. This requirement does not apply to vessels that have obtained permission from the HMO to

stay alongside a berth without crew.

Article 3.2. 9. RELEASING MOORING DEVICES

It is prohibited, without permission of the master, to release, move or shift any vessel or to cut or

release the vessel’s mooring lines unless ordered to by the HMO.

Article 3.2. 10. SAFE BOARDING

1. Masters of vessels moored to the quay or alongside each other are required, for the sake of

their crew and passengers and persons called on board in the line of their duties, to establish

a connection with the shore or between the vessels. Safe boarding and unboarding must be

possible via this connection. In achieving the connection, they shall act in accordance with

the applicable regulations.

2. If the vessel is moored to several buoys or dolphins, the stairs or ladder used for boarding

and unboarding must ensure total safety.

Article 3.2. 11. CREW AND PASSENGER LIST + PI

Each vessel staying in the port must keep a crew and passenger list, to be displayed at the gangway.

This list must upon request be presented to all authorities responsible for safety in the port.

Article 3.2. 12. VESSEL LIGHTING

1. The master of a berthed vessel, or of the outermost vessel of a row of vessels, is required to

ensure that the ship's side to the fairway is sufficiently lit from sunset to sunrise or when

visibility is less than 500 m, so that the vessel can clearly be seen from the fairway.

2. The master of a vessel whose superstructure or deck cargo protrudes beyond the ship's side,

is required to illuminate the outer side with a white light from sunset to sunrise or when

visibility is poor.


Article 3.2. 13. SERVICES

For provisions related to the organisation of the mooring and unmooring service reference is made

to chapter 5 section 2. ("Mooring and unmooring").


3.3 Locks (+ PI)

Article 3.3. 1. USE OF LOCKS + PI

1. When necessary, a vessel should use a lock designated by the HMO at a certain time and in a

certain sequence.

2. Use of a lock is only permitted if all the required information is provided to the HMO/STM.

This information must be correct and is binding.

3. Before entering the allocated lock, both from the Scheldt and from the docks, vessels receive

a sequence number indicating the corresponding signal on the corresponding signal mast.

Article 3.3. 2. PRIORITY AT LOCKS + PI

Incoming and outgoing seagoing ships may be given priority for passing through the locks, provided

they meet the conditions and guidelines determined by the HMO/STM.

Article 3.3. 3. SLOTS

Arriving and departing seagoing ships for a berth on the Left bank behind the lock/locks that

regularly call at the port on a weekly basis, can be allocated a slot for lock passage on a fixed day and

time, if they comply with the conditions and guidelines of HMO/Shipping Management.


3.4 Bridge channels

Article 3.4. 1. BRIDGE SIGNALS WITH EXCEPTION OF THE PETROLEUM CHANNEL + PI

1. When a red light or no light is shown on a bridge sign board , by day or by night, the master

shall be required to keep a safe distance from the bridge. He must keep the fairway leading

to the bridge clear.

2. Free passage at a bridge channel shall be granted, by day and by night, when a green light is

shown on the bridge sign board . During the passage the master must keep as far to

starboard as possible.

3. A green light means only that the master may proceed, not that the fairway beyond the

bridge channel is clear. The master must keep a good lookout himself to ensure there is no

risk of collision.

Article 3.4. 2. PETROLEUM CHANNEL SIGNALS

1. If the attention signal (two orange all-round visible flashing lights among others on the northern side of the access channel) is activated, barges may not leave the quay. Sailing barges must leave the fairway, if in the Petroleum bridge channel, they must leave the

latter as soon as possible. The attention signal is deactivated once the seagoing vessel has

passed.

2. When the attention signal is not lit, passage through the Petroleum bridge channel is, as far as the barge is due to or coming from a berth in the Marshall dock, in principle free. Good seamanship is essential nonetheless.

Article 3.4. 3. SIGNALS LILLO BRIDGE, NOORDKASTEEL BRIDGES + PI

1. When a red light is shown on the signal board of the Lillo bridge or of the Noordkasteel

bridges, by day or by night, and simultaneously two horizontally arranged yellow lights are

shown above the passage opening at the lowered mobile bridge section, passing under the

bridge is allowed. Oncoming traffic is prohibited.

2. When a red light is shown on the sign board of the Lillo bridge or of the Noordkasteel

bridges, by day or by night, and simultaneously a yellow light is shown above the passage

opening at the lowered mobile bridge section, passing under the bridge is allowed.

Oncoming traffic is possible; during the passage the master/captain must therefore keep as

far to starboard as possible. The height restrictions of the side channels continue to apply.

3. When a green light is shown on the signal board of the Lillo bridge or of the Noordkasteel

bridges, by day or by night, barges are allowed free passage on both sides of the bridge.

During the passage skippers must keep as far to starboard as possible, because this green

light can be shown on both sides of the bridge.

4. When the "make ready signal", i.e. a red light with yellow light underneath it, is shown on

the signal board of these bridges, by day or by night, seagoing vessels will be allowed free


passage. Barges shall then keep a sufficient distance from the bridge channel and fairway in

order to allow sea-going vessels to safely proceed to the bridge channel.

5. When a green light with a yellow light above it, is shown on the signal board of these bridges,

by day or by night, only seagoing vessels are allowed free passage. Passage is prohibited to

barges.

Article 3.4. 4. PASSAGE RESTRICTION + PI

For the passage of the bridges, of the access channel to the Marshall Dock and of the passage

channel to the 5th Harbour Dock, dimensional restrictions apply to seagoing vessels.

Article 3.4. 5. CARGO PROJECTING OVER THE HULL

Listing vessels or vessels carrying cargoes or structures projecting over the hull are not allowed to

pass locks and/or bridge channels or berth at quays without permission of the HMO.


3.5 Mandatory use of AIS

Article 3.5. 1. OPERATIONAL AIS

Each vessel must use an AIS system that is in good working order.

At least one of the vessels in a tow should have a good working AIS system.

In push-barge combination, the vessel primarily responsible for propulsion must use an AIS system

that is in good working order.

The AIS device must be switched on and the input data must match the actual situation at all times.

An exception is made for police vessels on special assignments, pleasure boats less than 20 m in

length, barges or floating equipment without mechanical means of propulsion, and non-sailing crafts

where AIS cannot be installed for technical reasons.

At least the following data must be sent (in accordance with chapter 2 of the annex of Regulation (EC) No 415/2007 of 13 March 2007 concerning the technical specifications for vessel tracking and tracing systems referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised River Information Services (RIS) on inland waterways in the Community (OJEU L 105)):

a. User Identifier (Maritime Mobile Service Identity, MMSI); b. Name of ship; c. Type of vessel and convoy(ERI); d. Unique European vessel identification number (ENI) or, for seagoing ships if no ENI was assigned, the IMO number; e. Overall length of the vessel or convoy (decimetre accuracy) e. Overall beam of the vessel or convoy (decimetre accuracy) g. Position (WGS 84); h. Speed over ground (SOG) ; h. Course over ground COG); j. Time of electronic positioning fixing device; k. Navigational status; l. Reference point for the position information on the vessel with 1m accuracy

The skipper must immediately update the following data in case of changes:

a. Overall length of the vessel or convoy (decimetre accuracy); b. Overall beam of the vessel or convoy (decimetre accuracy); c. Convoy type; d. Navigational status; l. Reference point for the position information on the vessel with 1m accuracy

A small vessel that has not been assigned a unique European vessel identification does not need to provide the data. The HMO/STM must be notified immediately if the above requirements cannot be met.


3.6 Mandatory use of BTS

Article 3.6. 1. BTS + PI

All barge and terminal operators must correctly register their berthing applications and container

loading/unloading schedules via the BTS system.


3.7 Safety requirements for the calibration of measuring equipment

ARTICLE 3.7.1. REQUIREMENTS FOR THE CALIBRATION OF MEASURING EQUIPMENT ONBOARD TANKERS

Without prejudice to the requirement that each service provider must hold a licence as set out in

chapter 5.5, measuring equipment onboard tankers may be calibrated only if the following

requirements are met:

1. The calibration cart must be provided with clear signage and signage material to delimit the

land-based area.

2. At least one working day prior to the calibration of the measuring equipment of a ship, the

calibration firm must notify the HMO (unique portal) of the place and start time of

calibration.

3. Calibration may only be carried out if the ship is properly moored and the transfer hoses are

connected properly and leak-free (fitted with a dry-brake coupling).

4. The location from where the calibration is monitored, with clear line of sight of the

operation, must be continuously manned by a qualified person.

5. The master of the ship to be calibrated and the calibration inspector must ensure that a

bunker checklist (HMO...) is fully and truthfully completed and signed.

This checklist must be available on board of the calibrated vessel for inspection during the

calibration and for 24 hours after. The checklist must be kept for at least 6 months by both

responsible parties and produced at the request of the HMO.

6. The master of the vessel involved in the calibration and the responsible calibration firm are

required to ensure that:

• sufficient means and resources are present under the bunker line to collect possible

spills;

• smoking and/or performing repair work on deck, producing open flame or heat, is

prohibited;

• the necessary means and resources are available so that emergency measures can be

taken to contain contamination to be taken.

7. The Harbourmaster may prohibit or stop the calibration operation due to adverse weather

conditions or stafety risks, and may impose additional requirements at any time.


3.8 Conditions for diving operations, repairs, blasting and painting work

ARTICLE 3.8.1. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF FLOATING STRUCTURES + PI

Diving operations for inspections or repairs on ships and underwater floating structures are subject

to permission of the HMO.

ARTICLE 3.8.2. DIVING OPERATIONS FOR INSPECTION AND/OR REPAIR OF PORT INFRASTRUCTURE + PI

Diving operations for inspections or repairs on port infrastructure are subject to permission of the

HMO.

ARTICLE 3.8.3.REPAIRS ON SHIPS AND ABOVE-WATER FLOATING STRUCTURES + PI

Repair works on ships and above-water floating structures are subject to permission of the HMO.

ARTICLE 3.8.4. REPAIRS ON ABOVE-WATER PORT INFRASTRUCTURE + PI

Repair works on above-water port infrastructure that involve a risk of fire are subject to permission

of the HMO.

ARTICLE 3.8.5. BLASTING WORK ON STEEL STRUCTURES ON THE QUAY + PI

Blasting work on the quay is subject to permission of HMO.

ARTICLE 3.8.6. IMMOBILISATION OF VESSELS

Immobilisation of vessels for technical reasons is subject to permission of the HMO.

ARTICLE 3.8.7. GAS-FREE CERTIFICATE

For articles 3.8.1 to 3.8.6, the Harbourmaster may require a gas-free certificate whenever warranted

for safety reasons.


3.9 Shore power supply

ARTICLE 3.9.1 SHORE POWER + PI

It is prohibited to use a generator on board of barges to generate electricity if the ship is berthed and

can physically be connected to the shore power cabinets of the Port Authority.

Only barges that cannot be connected to shore power for safety reasons (ADN) or barges powered by

LNG, are exempt from this prohibition.

Shore power electricity must be used in accordance with the instructions indicated on the

installations.


3.10 Waste collection

ARTICLE 3.10.1.WASTE FROM BARGES + PI

Waste from barges (except cargo waste) in the port must be collected at the waste facilities provided

by the Port Authority and waste containing oil and fat at the bilge boat.

ARTICLE 3.10.2.WASTE FROM SEAGOING SHIPS + PI

Without prejudice to the applicable Flemish regulations, collection of waste from seagoing ships in

the port is permitted only if prior written permission has been obtained from the HMO. This

permission can be revoked at any time.


3.11 Discharge of ballast water

ARTICLE 3.11.1 BALLAST WATER OF SEAGOING SHIPS

1. Ballast water from tanks marked for ballast water according to the ship's plan may be

discharged if:

• Proof can be given that the ballast water meets the criteria specified in the

applicable international legislation, and

• pumping out under calm weather conditions does not leave any visual traces.

2. Discharging ballast water from other tanks or holds is prohibited without prior permission

from the Harbourmaster.

3. The provisions in point 1. do not apply to inland shipping.


3.12 Conditions for fumigation of ships

Article 3.12. 1. VERMIN CONTROL AND DISINFECTION OPERATIONS ON BOARD + PI

1. Vermin and insect control and/or disinfection operations on board of ships are subject to

permission of the HMO.

2. These activities may only be carried out under the supervision of a specially recognised user

as defined in art. 38 and 41 of the Royal Decree of 5 June 1975 on the storage, marketing and

use of pesticides and phyto-pharmaceutical products.

Article 3.12. 2. SHIPS WITH FUMIGATED BULK CARGO

Responsible persons of vessels carrying bulk cargo that is or has been under fumigation, as well as

the terminal operator of the unloading quay, must inform HMO of the following data at least 24

hours before arrival:

1. name and IMO number of the ship

2. destination in the port

3. nature and dosage of the gas

4. fumigation method

5. holds where the gas was applied

6. fumigation start date

7. degassing start date, if applicable

8. nature of fumigated cargo

9. name of the company issuing the degassing certificate

Loading of the cargo may only be started after the holds are released by the specially recognised

user.

The measurements are confirmed in a degassing certificate, a copy of which must be submitted to the HMO.


3.13 Conditions for tankers and tank barges

Article 3.13. 1. TANKERS + PI

1. Tankers may only moor at tanker berths.

2. The HMO may allow exceptions under certain conditions.

Article 3.13. 2. TANK BARGES + PI

1. Tank barges may only moor at tanker berths.

2. The harbourmaster may allow exceptions under certain conditions.

Article 3.13. 3. FLOATING EQUIPMENT

Floating hoisting equipment or devices which supply power are only allowed to moor alongside

vessels berthed at tanker berths if prior permission has been obtained from the HMO/STM.

Article 3.13. 4. ACCESS TO MARSHALL DOCK + PI

Vessels other than tankers or tank barges are not allowed to enter the Marshall Dock without prior

permission of the HMO.

Article 3.13. 5. PERSONNEL ON BOARD

Masters of berthed tankers and tank barges shall ensure that a sufficient number of authorised

persons are at all times on board to allow the appropriate safety measures to be taken.

Article 3.13. 6. CARGO OF DIFFERENT CLASSES

If the cargo of a tanker or tank barge consists of different liquids and/or gases belonging to different

classes of the IBC or IGC code or ADN, the provisions applicable to those of the highest hazard level

shall apply.

Article 3.13. 7. FLAME ARRESTORS

The necessary openings in all cargo holds, cofferdams and chimneys shall be provided with flame

arrestors aboard tankers and tank barges designed to carry cargoes from which flammable or

explosive gases may be released.

Article 3.13. 8. DEGASSING

Degassing may only be carried out at fixed installations specially equipped for this purpose and

recognised by the HMO.

Degassing using mobile installations approved by HMO is subject to prior permission of the HMO.

Article 3.13. 9. ACTIVITIES ON BOARD OF TANKERS + PI

No repair work shall be carried out on board of tankers and tank barges staying in the port, unless a

gas free certificate from an expert recognised by HMO is submitted, showing that repairs can be

carried out safely. A similar certificate must be submitted for repair work to be carried out in a dry-

dock.


Article 3.13. 10. CONNECTION OF PIPELINES

For the connection of fixed pipelines on shore to pipelines on board of tankers or tank barges,

reliable and certified material shall be used, so as to prevent leaks, cracks, tears or fractures.

Prior to loading/unloading, the necessary safety arrangements between the vessel and the terminal

must be recorded in writing.

In case of flammable cargoes, the use of tools that may cause sparks is strictly prohibited.

Article 3.13. 11. DIRECT TRANSFER + PI

Direct transfer involving tankers and/or barges is permitted only in accordance with the procedures

established by HMO.

Article 3.13. 12. NATURE AND WEIGHT OF CARGO

A tanker must, 6 hours before arrival at the pilot stations, Wandelaar or Steenbank, and at least 24

hours before handling, fully specify the nature and weight of the cargo in accordance with the

procedures determined by the HMO.

These guidelines also apply to a tanker that enters the port empty and uncleaned.

Article 3.13. 13. CARGO OPERATIONS ON BOARD OF TANKERS AND TANKER BARGES NOT BERTHED

AT TANKER BERTHS

Cargo operations on board of tankers that are sailing, at anchor, berthed at a non-tanker berth or in

a lock, are not allowed.

Cargo operations include, but are not limited to: cleaning tanks, venting tanks, transferring cargo,

and any other operation involving a risk of escaping cargo and/or cargo vapours regardless of the

type of product.


4 PROVISIONS RELATING TO GOODS STORAGE AND HANDLING

4.1 GENERAL PROVISIONS + PI

Article 4.1. 1. ENVIRONMENTAL NUISANCE

For the handling of goods, the parties involved must, at their own expense, risk and peril, take all

necessary protection and safety measures to prevent accidents, environmental nuisance and/or

pollution during the execution.

Article 4.1. 2. HANDLING AND STORAGE OF SOLIDS OR LIQUIDS IN BULK + PI

Terminals for the repetitive handling of goods in bulk must be in possession of an environmental

permit (or environmental permit for the operation of a classified establishment or activity) for this

activity.

Terminals that are not subject to the afore-mentioned environmental permit (or environmental

permit for the operation of a classified establishment or activity) requirement and where solids are

handled in bulk, must meet the conditions imposed by the HMO.

Article 4.1. 3. HANDLING OF SOLID BULK GOODS + PI

The handling of solid bulk goods must comply with the obligations imposed by the decree of 17

March 2006 implementing Directive 2001/96/EC of the European Parliament and of the Council of 4

December 2001 establishing harmonised requirements and procedures for the safe loading and

unloading of bulk carriers.

In addition, terminals that handle seagoing ships equipped for the carriage of bulk goods, except

cereals, and ships equipped with their own loading/unloading installation, must satisfy the following

conditions:

1. The agreed loading/unloading schedules and any changes made to them must be retained at

the terminal for a period of 6 months.

2. Each month a list of bulk carriers handled with specification of the type of cargo must be

prepared. This list together with the ship-shore safety checklist for loading or unloading dry

bulk cargo carriers, must be submitted to the HMO.

Article 4.1. 4. DANGEROUS OR TROUBLESOME BULK GOODS

Entrance gates to terminals where bulk goods are handled that may cause danger or hindrance, must

clearly indicate that personal protective equipment should be worn when entering the site. The said

equipment must be made available to visitors.

Article 4.1. 5. CLASSIFICATION DOCUMENTS

The classification documents relating to the special type of transport for which the vessel is intended,

must upon first request be submitted to the HMO.


Article 4.1. 6. DAMAGED PACKAGING OR CONTAINERS + PI

1. The fire brigade must be called immediately when packaging and/or a container, in which

dangerous goods are present, is found to be damaged and when there is leakage or a real

risk of leakage of the dangerous product.

2. When a container is found to be damaged to the extent that its structural condition

(robustness) may be compromised, handling must be stopped immediately.

3. Further handling of the packaging and/or containers referred to in point 1 and of the

containers referred to in point 2, shall be subject to permission from the HMO (transport,

stuffing, pumping, etc.)


4.2 GENERAL CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND/OR

CONTAMINATING GOODS + PI

Article 4.2. 1. REQUIRED DOCUMENTATION FOR DANGEROUS AND/OR CONTAMINATING GOODS

Goods handlers must be in possession of documents or publications that contain information about

the dangerous and/or contaminating goods stored and to be handled and the measures to be taken

in case of emergency.

Article 4.2. 2. PACKAGING REQUIREMENTS FOR DANGEROUS AND/OR CONTAMINATING GOODS

Packaged dangerous goods must be packaged in accordance with the standards prescribed by the

IMDG code or, where appropriate, the standards prescribed in the ADR, the ADN or the RID.

Article 4.2. 3. SUBMITTING INTERNAL EMERGENCY RESPONSE PLAN

All non-SEVESO companies where dangerous or contaminating goods, as defined in article 1.1.1, are

received or stored on site or where seagoing vessels or barges carrying dangerous and/or

contaminating goods may be berthed, must have an internal emergency response plan, as legally

determined, and must be able to submit the plan to the HMO.

Article 4.2. 4. DECLARATION OF DANGEROUS AND/OR CONTAMINATING GOODS + PI

1. Dangerous and/or contaminating goods may only be handled in the port if a prior electronic

declaration has been submitted to the HMO.

2. The declaration must be submitted by a forwarder or a shipping agent, depending on the

means of transport used and the required handling.

3. The declaration must reach the HMO no later than 24 hours before the scheduled handling

time.

4. In accordance with article 4.7.2, class 7 goods must be declared at least 48 hours before the

handling time.

5. This declaration requirement also applies to dangerous and/or contaminating goods that

remain on board.

ARTICLE 4.2.4.1 TRAINING REQUIREMENT + PI

Persons submitting a declaration must be in possession of a training certificate 'port regulations for

dangerous goods'.

ARTICLE 4.2.4.2 TASKS OF SHIPPING AGENT

If no local forwarder has been appointed for the loading or unloading of dangerous goods in the port,

by land or by barge, the shipping agent shall take over all of the forwarder's tasks.


Article 4.2. 5. PACKAGED DANGEROUS GOODS + PI

Unless expressly specified otherwise in the environmental permit (or environmental permit for the

operation of a classified establishment or activity), packaged dangerous products must always be

handled directly if:

1. They belong to a group of dangerous goods that are subject to special conditions;

2. compressed, liquefied or pressure-dissolved gases are flammable, toxic or corrosive;

3. Liquids

• have a flash point of below 23°C (closed cup),

• contain solid components that are explosive in dry state or when inadequately

impregnated,

• ignite instantaneously on contact with air,

• are adequately impregnated with another specified liquid or in the presence of a

sufficient quantity of phlegmatiser, or under specified temperature conditions,

• pose a risk of contamination;

4. Solids

• are mixed with a liquid whose flash point below 23°C (closed cup),

• are explosive in dry state or when inadequately impregnated,

• ignite instantaneously on contact with air,

• may be transported only if they are adequately impregnated with a specified

liquid or in the presence of a sufficient quantity of phlegmatiser or inert

substance, or under specified temperature conditions,

• pose a risk of contamination.

All dangerous goods that do not have the properties referred to in 1, 2.3 or 4 and are not subject to

special conditions, may stay in the port for 10 calendar days maximum. They must be stored at a

suitable location compatible with their nature, quality and dangerous properties.

These goods must be kept away from foodstuffs and general merchandise, as well as from work

areas and premises where persons are present.

The handling of dangerous goods is based on the assigned UN number.

Article 4.2. 6. MAXIMUM ALLOWED QUANTITIES

Unless the goods are assigned to a group to which special conditions apply, the following maximum

allowed quantities apply packaged dangerous goods on board of ships in the port:

1. Flammable liquids with flash point less than 23°C “Closed cup”

Location Toxic / Non-toxic Max. quantity per vessel

Below Quay N° 100 Non-toxic 50 tonnes

Toxic Prohibited

Above Quay N° 100 Non-toxic Unlimited

Toxic 200 tonnes


2. Technically pure ammonium nitrate and equivalent mixtures (see article 4.5)

Technically pure ammonium nitrate 4,000 tonnes

Granulated fertiliser as sole cargo without any other cargo.

10,000 tonnes

Ammonium nitrate fertiliser benefitting from exemption.

unlimited

3. Highly toxic gases: 60 tonnes (see article 4.6)

4. Explosives: the maximum allowed quantities are determined in relation to the berth and the

type of explosives (see article 4.8).

The maximum allowed quantities for other dangerous goods are in principle unlimited except

that the HMO reserves the right to set a limit in specific circumstances.

Article 4.2. 7. DEVIATIONS, EXCEPTIONS + PI

1. The HMO may exceptionally grant deviations from the provisions of articles 4.2.5 and 4.2.6

provided they do not conflict with the applicable national and regional regulations, unless

approval has been obtained from the competent authority.

2. The HMO may exceptionally extend the storage time for IMDG goods to maximum 30 days.

Article 4.2. 8. SAFETY MEASURES

1. The HMO may impose additional precautions and safety measures at any time.

2. The shipping agent(s) or forwarder(s) are responsible for the appointment of a fire watch, if

imposed by the HMO.

Article 4.2. 9. SEGREGATION REGULATIONS FOR PACKAGED DANGEROUS GOODS + PI

When unloading packaged dangerous goods on front quays and at transit storage facilities in the

port, the segregation regulations shall apply.

Article 4.2. 10. RECOGNISED CONTAINER TERMINALS +PI

The recognition is granted by the HMO.

Recognised container terminals may be used for the storage of packaged dangerous goods, which,

pursuant to article 4.2.5. must be handled directly, but to which no special conditions apply, if loaded

in containers, for a maximum period of 10 calendar days.

This exception also applies to dangerous and/or contaminating goods loaded in tank containers.


4.3 PARTICULAR CONDITIONS FOR THE HANDLING OF DANGEROUS GOODS AND

CONTAMINATED GOODS ON FRONT QUAYS

Article 4.3. 1. SHORT-TIME STORAGE ON FRONT QUAYS + PI

Front quays may under certain conditions be used for the short-time storage of dangerous and/or

contaminating goods.

Goods other than dangerous and/or contaminating goods, may be stored on the front quays for 6

months at most, unless permission has been obtained from the Harbourmaster.

Article 4.3. 2. REPORTING FOR GOODS ON FORE-QUAYS + PI

The stevedore operating the front quay must report to the HMO the types of dangerous and/or

polluting goods present on the front quay.


4.4 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF DANGEROUS AND

CONTAMINATING GOODS AT TRANSIT STORAGE FACILITIES IN BACK AREAS

Article 4.4. 1. CFS ACCREDITATION

The operation of a CFS is permitted only if the operator holds a written recognition from the

harbourmaster.

Article 4.4. 2. REPORTING FOR CONTAINER FREIGHT STATIONS + PI

The operator of the CFS must report to the HMO on which dangerous and/or polluting goods are

present.

Article 4.4. 3. TRANSIT STORAGE LOCATIONS IN BACK AREAS OTHER THAN CFS

A transit storage facility located in a back area other than CFS may be operated only once an

environmental permit has been obtained (or environmental permit for the operation of a classified

establishment or activity).

Article 4.4. 4. CONDITIONS FOR TRANSIT STORAGE FACILITIES IN BACK AREAS OTHER THAN CFS + PI

The conditions for operating these transit storage facilities are determined by the HMO.

Article 4.4. 5. REPORTING FOR BACK AREAS OTHER THAN CFS + PI

An overall inventory of the dangerous and/or contaminating goods present and a layout plan of the

site must be available at all times for inspection by the HMO.


4.5 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF TECHNICALLY

PURE AMMONIUM NITRATE AND EQUIVALENT MIXTURES

Article 4.5. 1. TYPES OF AMMONIUM NITRATE + PI

In addition to the general conditions for the handling of technically pure ammonium nitrate and

equivalent mixtures, the special conditions as set out in this article shall apply.

Types of technically pure ammonium nitrate:

1. Ammonium nitrate fertilisers containing between 80 and 100% by weight of ammonium

nitrate.

2. Equivalent mixtures:

• mixtures of ammonium sulphate + ammonium nitrate, if the mixture contains more than

40% by weight of ammonium nitrate (or more than 43% by weight for the double salt

ammonium sulphate-nitrate which does not contain free nitrate);

• mixtures of ammonium nitrate with substances that do not affect the explosiveness of

these mixtures, which contain more than 65% by weight of ammonium nitrate.

However, each such product shall not contain more than 0.4% by weight of flammable substances.


For the handling of technically pure ammonium nitrate or equivalent mixtures, the following

requirements apply:

1. A seagoing vessel may have maximum 4,000 tonnes on board, in authorised packaging,

subject to compliance with the combined loading prohibition as set out in art. 4.5.4.

2. An inland vessel may have maximum 500 tonnes on board. This maximum quantity is

increased to 1,000 tonnes for inland vessels sailing on the Lower Scheldt.

3. A vessel may have maximum 10,000 tonnes of ammonium nitrate-based granular fertiliser on

board, subject to prior submission of an application stating that:

• the vessel's cargo consists exclusively of the said fertiliser;

• the nitrogen content does not exceed 33.5%;

• the percentage by weight of combustible material measured as carbon does not exceed

0.2;

• the chlorine content does not exceed 0.02% by weight;

• the pH of a solution of 10 g fertiliser in 100 ml water is at least 4.5;

• not more than 5% by weight of the fertiliser passes through a 1 mm mesh sieve and not

more than 3% by weight passes through a 0.5 mm mesh sieve

4. The transport of bulk technically pure ammonium nitrate and/or equivalent mixtures is

prohibited, unless permission has been obtained from the HMO.


Article 4.5. 3. DIRECT HANDLING

1. Technically pure ammonium nitrate or equivalent mixtures must always be handled directly.

2. If technically pure ammonium nitrate or equivalent mixtures, packaged in containers, are

handled on a recognised container terminal, they may remain at the terminal for 10 calendar

days.

Article 4.5. 4. NO COMBINED LOADING

Pursuant to the RD of 3 September 1958 regulating the transport, storage and sale of ammonium

nitrate or mixtures thereof, no explosives, chlorates, flammable/oxidisable substances shall be

transported in holds loaded with ammonium nitrate nor in adjacent holds.

Article 4.5. 5. ADDITIONAL SEGREGATION PROVISIONS FOR CONTAINERS

1. In addition to compliance with the general segregation provisions as set out in art. 4.2.9,

containers loaded with technically pure ammonium nitrate and/or equivalent mixtures must

be accessible at all times.

2. Container doors shall be accessible and containers shall not be stacked on top of each other.

3. Containers with technically pure ammonium nitrate and/or equivalent mixtures shall, during

their stay in the port, be kept separate from other containers with dangerous products by a

distance of at least 20 m.

Article 4.5. 6. MANDATORY FIRE WATCH SERVICE + PI

During loading, unloading or the keeping on board of ammonium nitrate fertilisers or equivalent

mixtures, a fire watch is required whenever the quantity of technically pure ammonium nitrate or

equivalent mixtures on board exceeds 10 tonnes.

This fire watch service may only be provided by firms recognised by the HMO.

Article 4.5. 7. DUTY TO NOTIFY THE CENTRAL EXPLOSIVES DEPARTMENT

For the handling of technically pure ammonium nitrate or equivalent mixtures, the shipping agent or

forwarder shall notify the Explosives Department in writing 24 hours prior to the scheduled handling.

Article 4.5. 8. STORAGE OF AMMONIUM NITRATE FERTILISERS AND EQUIVALENT MIXTURES

The storage of technically pure ammonium nitrate or its mixtures requires the possession of an

environmental and explosives permit.

Article 4.5. 9. AMMONIUM NITRATES BENEFITING FROM EXEMPTION

1. For the handling of ammonium nitrate fertilisers benefiting from exemption as provided for in the

RD of 3 September 1958:

• no maximum allowed quantities apply,

• bulk transport is permitted,

• a fire watch is not required.

2. The other special provisions continue to apply.

3. For declarations, as set out in art. 4.2.4., the name and address of the producer, the name of the

fertiliser and the nitrogen percentage must also be specified.


4.6 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF HIGHLY TOXIC GASES

Article 4.6. 1. HIGHLY TOXIC GASES + PI

A number of gases fall into the category of high toxic gases because of their properties.


Throughout the duration of her stay in the port, a ship shall at no time have more than 60 tonnes net

of highly toxic gases on board.


Highly toxic gases must always be handled directly.

Article 4.6. 4. BERTH RESTRICTION

Highly toxic gases shall not be handled at quay numbers below 100/101.

Article 4.6. 5. LOADING OR UNLOADING OF MORE THAN 100 KG NET + PI

For shipping more than 100 kg net of highly toxic gases, the following additional requirements apply:

1. Regardless of the relevant declaration to be submitted to the HMO by the forwarder/shipping

agent, when loading or unloading highly toxic gases, the HMO and the fire brigade shall be

notified at least 2 hours in advance of the exact time of the operation.

2. This notification must be drawn up in accordance with the prescribed form.

3. The forwarder/shipping agent shall also ensure that a gas expert is present during

loading/unloading.

The gas expert shall see to it that shipping is performed with due care and shall, upon the slightest

irregularity, raise the alarm signal, thereby initiating the internal emergency plan. The gas expert

shall designate a safety zone in consultation with the representative of the stevedore.

4. The forwarder/shipping agent shall ensure that during shipping all required protective equipment

is available at the place of shipping.

5. The stevedore shall himself determine the time of handling as a function of the activities,

endeavouring to apply the principle "first discharged/last loaded" wherever possible.

6. A representative of the stevedore shall be on site when loading/unloading highly toxic gases.

Upon the slightest irregularity, he shall, on instruction of the gas expert, immediately notify the

emergency services and initiate the company's internal emergency plan.

7. Loading or unloading shall not be started before the HMO has ascertained on site the presence of

the gas expert, the representative of the stevedore, the warning signal and all required protective

equipment. Further instructions from the HMO in this respect shall be complied with.

Article 4.6. 6. NO PUMPING OVER OF HIGHLY TOXIC GASES

Pumping over of highly toxic gases is prohibited.

Article 4.6. 7. STORAGE OF HIGHLY TOXIC GASES

Highly toxic gases may be stored only in storage facilities in possession of an environmental permit

(or environmental permit for the operation of a classified establishment or activity).


4.7 SPECIAL CONDITIONS FOR THE HANDLING AND STORAGE OF CLASS 7 GOODS

Article 4.7. 1. TRANSPORT AUTHORISATION AND RECOGNITION + PI

The competent public body for the recognition of companies transporting or handling class 7 goods is

the Federal Agency for Nuclear Control (FANC).

For the transport of class 7 goods an accreditation and/or a transport authorisation in accordance

with the RD of 22 October 2017 is mandatory.

Declarations for the handling of class 7 goods in the port must always include the number of the

transport authorisation or recognition.

Article 4.7. 2. HANDLING + PI Class 7 goods may only be directly unloaded or loaded without staying on quay, rail or truck.

The declaration for the handling of class 7 goods must reach the HMO no later than 48 hours before

the handling time.

Article 4.7. 3. STORAGE OF RADIOACTIVE SUBSTANCES Storage of class 7 goods in the port is prohibited unless the legally required permits have been

issued.

Article 4.7. 4. LOCATIONS FOR THE HANDLING OF CLASS 7 GOODS + PI For the handling of class 7 goods, the freight handler must have been accredited in accordance with

the RD of 22 October 2017.


4.8 PARTICULAR CONDITIONS FOR THE HANDLING AND STORAGE OF EXPLOSIVES

Article 4.8. 1. MAXIMUM ALLOWED QUANTITIES OF EXPLOSIVES + PI 1. A ship staying in the port shall at no time have more explosives on board than the maximum

allowed quantities specified in art. 150 of the RD of 23 September 1958.

2. The Ministerial Orders of 30 July 1998, 8 November 2005 and 31 May 2016 provide for a number

of deviations for specific quays in the port.

Quantities larger than those specified in point 1 may be handled In the Delwaide Dock, the

Verrebroek Dock, the Deurganck Dock, and at the Europa terminal and the Noordzee terminal,

complying with the mentioned Ministerial Orders.

Article 4.8. 2. DUTY TO NOTIFY THE EXPLOSIVES DEPARTMENT 1. All handling of explosives for which a transport authorisation is required, must be notified by the

permit holder to the inspectors of the Explosives department no later than 24 hours before the

scheduled handling.

2. For nitrocellulose of Belgian class A6, the date of handling and the assigned berth in the port shall

be communicated in writing no later than 24 hours before the scheduled handling to the

inspectors of the Explosives department.

Article 4.8. 3. TRANSPORT AUTHORISATION The transport of explosives shall be subject to a transport authorisation issued by the Central

Explosives Department in Brussels.

No such transport authorisation shall be required for fireworks other than spectacle fireworks, or

safety ammunition (Belgian classification B6).

Declarations for the handling of explosives in the port must always include the number of the

transport authorisation.


1. Explosives may only be directly unloaded or loaded without staying on quay, rail or truck.

2. Exceptions to direct handling are possible in the following cases:

Explosives with UN numbers 0431, 0432, 0503 and 3268 may stay for 10 days at a container

terminal recognised by the HMO, if the goods were loaded in a container.

This 10-day period cannot be extended.


4.9 SPECIAL CONDITIONS FOR THE HANDLING OF SECOND HAND VEHICLES

Article 4.9. 1. PERMISSION FOR PLACING VEHICLES ON THE QUAY Prior to placing second hand vehicles on the quay, the stevedore must have obtained permission

from the HMO.

Article 4.9. 2. LAY-OUT CONDITIONS FOR NEW TERMINALS FOR SECOND HAND VEHICLES

1. For the application of this terminal a “new terminal for second hand vehicles” means a

terminal for second hand vehicles built on an existing terminal, whose pavement is to be

renewed after the entry into force of this regulation. (with the exception of servicing,

maintenance and repair works).

2. Vehicles may be stored only on sites equipped with waterproof hard surface, duly certified as

such by the contractor who installed the surface.

All rainwater, whether or not mixed with other liquids, that ends up on the hard surface must

be collected in a properly sized leak-proof drainage system.

The drainage system must be connected to a sufficient dimensioned hydrocarbon separator

in relation to the connected surface area. The hydrocarbon separator may be connected via a

system that collects most of the contamination flushed along with the first rainwater ("first

flush").

The correct dimensioning of the drainage system, the hydrocarbon separator(s) and, where

appropriate, the first flush system, must be certified by an independent expert.

The proper operation of the hydrocarbon separator must be demonstrated annually by a

maintenance contract and a quarterly inspection. A logbook of the inspections must be kept

at the disposal of the authorised inspectors.

Vehicles that cause or threaten to cause contamination shall be stored at a dedicated area on

the terminal that

• Complies with Article 5.15.0.7 of Title II of the VLAREM

• is large enough to store all rejected vehicles, with a minimum of 100m²

• is fenced and locked

Article 4.9. 3. ORGANISATIONAL MEASURES AGAINST SURFACE WATER CONTAMINATION The operator shall take maximum measures to prevent surface water contamination:

• The terminal must have a supply of absorbent materials suitable for clean-up of mineral oil

spills at all times, at least sufficient to clean up 100 m2 of contaminated area, i.e. to absorb

100 l of oil.

• The terminal must have means to cover rainwater manholes in the event of a spill. The

required quantity shall depend on the lay-out of the terminal.

• The terminal must have a procedure documenting at least the following aspects:


· Storage location of absorbent materials and means and resources to cover the rainwater

manholes

· Person responsible for applying the materials can be reached 24/7 (round the clock, year

round)

· Procedure for application of the materials

· The removal of absorbents used (suitable containers, storage, disposal)

· Availability of absorbent materials (replacement after use, check for proper condition,

etc.)

• Employees responsible for application of the absorbents receive appropriate instructions and

training

The terminal operator proves (via an action plan) that the measures taken are adequate. This action

plan shall show that the lay-out and operation of the terminal enables the implementation of the

organisational measures.

Article 4.9. 4. CHECKING OF CONDITIONS FOR SECOND HAND VEHICLES + PI The stevedore must check whether second hand vehicles meet the following conditions. Vehicles

that do not meet these conditions must be rejected:

1. the vehicle must be drivable;

2. the vehicle must be capable of being towed safely;

3. the bonnet, the boot lid and the doors must be present; the front two doors, i.e. the driver's and

passenger's doors, must be in working order and capable of being opened;

4. the vehicle must not leak (e.g. fuel, oil, battery fluid, coolant);

5. the driver's seat must be present and should be completely free, as should be the passenger's

seat; if no passenger's seat is present, the place provided for this seat should also be completely

free;

6. the vehicle should not show visible traces that they have been cut into pieces and subsequently

welded together again;

7. there should not be any visible signs present that could indicate that the structure of the vehicle

has been damaged;

8. there should not be any signs of major fire, structural damage, such as sagging chassis plates,

substantial damage to the bodywork, missing or flat tyres, loose parts, etc.

9. every tanker and/or tank truck should be empty and, if used for ADR goods, be accompanied by a

cleaning certificate;

10. refrigerated trucks should not have used a cooling liquid containing CFCs;

Article 4.9. 5. INFORMATION SECOND HAND VEHICLES ON QUAY The following information has to be known to the terminal operator for every vehicle that is

admitted to the terminal:

1. at the 6 last digits of the chassis number

2. name and address of the shipper or agent

3. company name of the carrier; and number plate of the delivery lorry/tractor unit


4. name and address of the forwarding agent, if applicable

5. name of the loading ship, if known

6. port of destination

Article 4.9. 6. DUTY OF TERMINAL OPERATOR The terminal operator must, upon request, submit to an authorised regulatory government service a

list of the vehicles present at the terminal that have been approved for shipment.

This list must contain the following information:

1. information defined in art. 4.9.5

2. date of delivery at the terminal

3. scheduled date of loading aboard ship, if available

Article 4.9. 7. REJECTED SECOND HAND VEHICLES + PI

Vehicles that are rejected by the terminal operator according to the provisions of article 4.9.4 are not

admitted to the terminal site and must be removed immediately, after consultation with the shipper.

These vehicles must be reported to the HMO.

Rejected vehicles may not be presented for shipment to any other terminal in the port unless their

condition has been correctly amended in compliance with article 4.9.4., so that they do meet the

acceptance criteria.

Article 4.9. 8. CONTAMINATION BY SECOND HAND VEHICLES

Any contamination must be cleaned up immediately in an appropriate and environment-friendly

manner.

If, despite the measures taken, mineral oil ends up in the surface water nonetheless, the terminal

operator shall promptly notify the HMO in accordance with Article 2.1.3.

Article 4.9. 9. ADDITIONAL CARGO + PI

Additional cargo is understood to mean all goods that are not part of the vehicle as such but which

are shipped in or with the vehicle.

Additional cargo shall only be allowed if it can easily be accessed and inspected.

1. The following criteria need to be strictly complied with:

• no additional cargo may be placed at the terminal

• additional cargo must comply with all applicable national and international regulations

• goods to be transported inside the vehicles must not appear on the list of prohibited items as

determined by the HMO

• additional cargo placed in the rear of the vehicle must be secured so as not to impede the

movements of the driver.

• for every vehicle loaded with additional cargo, a detailed loading list shall be drawn up with

indication of all of the additional cargo items; general descriptions such as “personal goods”

are not acceptable.


• a vehicle that is visually inspected by the terminal operator and whose additional cargo is

found not to comply with the aforementioned rules, shall be considered a non-compliant

vehicle and needs to be rejected

Article 4.9. 10. MOBILISATION OF VEHICLE

The terminal operator shall, upon request, immediately take all necessary action to mobilise the

designated vehicle to allow all checks to be carried out.

Article 4.9. 11. WEIGH BILL FOR + 3.5 TONNES

Every lorry and/or vehicle of more than 3.5 tonnes including additional cargo must be accompanied

by a weigh bill that is not older than 4 hours and includes the following information:

1. company that performed the weighing

2. date and time of the weighing

3. identification of the vehicle (including chassis number)

4. weight of the loaded vehicle

Article 4.9. 12. ACCESS FOR EMERGENCY SERVICES

Vehicles must be positioned so that they are at all times accessible to the fire brigade.

Article 4.9. 13. STAY PERIODS

The stay period has to be as short in time as possible and can be up to 60 calendar days maximum.

This period can exceptionally, and always after approval of the HMO, be extended. Vehicles that have

not been shipped after that period, have to be removed after consulting the shipping company.


4.10 SPECIAL CONDITIONS FOR THE FUMIGATION OF GOODS

Article 4.10. 1. FUMIGATION AREA

All container fumigation operations must be carried out in an area recognised by the harbourmaster,

called the fumigation area.

Article 4.10. 2. RECOGNITION + PI

Prior to the operation of a fumigation area, permission must be requested in writing from the HMO.

Article 4.10. 3. OPERATING CONDITIONS

1. The fumigation coordinator (or his representative) must at all times have access to a safety map.

2. This map contains at least the following information:

• Characteristics of the gases used (material safety data sheet or MSDS)

• Prescribed start concentrations

• Relevant legislation

• Arrangements on emergency procedures, fumigation, release and blocking (fumigation

procedure)

• Contact details of the responsible persons

• Recognition from the harbourmaster

3. The fumigation coordinator must be able to submit, upon request, an update list

of the containers fumigated in the fumigation area.

4. The fumigation coordinator ensures that the staff involved in the fumigation operations have

received suitable training.

5. Fumigation may only be performed by a specially recognised user.

6. Stacking of containers in the fumigation area is prohibited.

7. Following each change relating to the operation of the fumigation area, the fumigation area

must again be submitted for recognition.

8. The fumigation area is only accessible to authorised persons.

Article 4.10. 4. FUMIGATION PROCEDURE + PI

The fumigation procedure contains a number of requirements that must be met by the specially

accredited user and the fumigation coordinator.


5 PUBLIC PORT SERVICES AND OTHER PORT SERVICES

5.1 PILOTAGE

5.1.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE

PILOTAGE SERVICE

ARTICLE 5.1.1.1. PUBLIC PORT SERVICE

Pursuant to article 2, 3° of the Port Decree and in the general interest of maintaining public order,

preserving a safe and optimal traffic flow to and from the port, and assuring a continuous, affordable

and high quality pilotage service for the port users, the pilotage of seagoing vessels in the port and

the associated service are considered public port services.

ARTICLE 5.1.1.2. COMPETENT AUTHORITY

Pursuant to article 4 §1 of the Port Decree, the Port Authority is solely authorised to organise this

public port service within the port, subject to application of article 5 of the Pilotage Decree, under

which the organisation of pilotage in the tidal areas of the port belongs to the authority of DAB

Loodswezen.

ARTICLE 5.1.1.3. ESTABLISHING THE FRAMEWORK

Pursuant to article 17 of the Port Decree and based on the general interest objectives referred to in

article 5.1.1.1., the Port Authority establishes the rules and conditions under which the pilotage

service is to take place in the non-tidal areas of the port, including the public service requirements to

be met by the entities and their pilots who are authorised to provide this pilotage service.

ARTICLE 5.1.1.4. GENERAL AND SPECIAL CONDITIONS

1. The conditions imposed by the Port Authority on the service providers, as set out in article

5.1.1.3., consist of general and special conditions.

• General conditions are conditions that apply at all times to the service providers and

their pilots in the non-tidal areas of the port regardless of the way in which they have

been authorised by the Port Authority to provide pilotage services within the port.

• Special conditions are conditions related to the modalities of the service authorisation by

the Port Authority, as set out in article 5.1.1.5 §§ 2 and 3. These conditions supplement

or specify the general conditions.

2. The Port Authority establishes, by way of one or more regulations, the general and special

conditions that are imposed on the authorised service providers.

3. The conditions in point 2 shall not affect the legal provisions to be complied with by the

service providers. For the purpose of granting the authorisation as referred to in article

5.1.1.5 point 2, the Port Authority shall require service providers undertaking pilotage

services within the port, to submit a declaration of honour stating that they meet the legal

provisions.

If a competent authority finds that an authorised service provider does not comply with

these legal provisions, the Port Authority may, at the request of that authority and after the

positive opinion of the HMO/STM, revoke the authorisation.


4. The HMO/STM shall ensure that, during the provision of their services, authorised service

providers comply at all times with the applicable conditions for provision of the service. If

not, the HMO/STM shall issue instructions to ensure compliance with the conditions.

ARTICLE 5.1.1.5. AUTHORISATIONS

1. Pursuant to article 16 point 2 of the Port Decree, the Port Authority may either internally

delegate pilotage in the non-tidal areas of the port or entrust the same, in whole or in part,

to private or other public legal entities.

2. It is expressly prohibited for any natural person and any private or public legal entity to

provide pilotage services in non-tidal areas of the port without prior authorisation by the

Port Authority. To this end, a candidate service provider submits an application for

authorisation in accordance with the procedure established by ordinance of the Port

Authority.

The Port Authority decides on the application for authorisation. For its decision the Port

Authority seeks advice from the HMO/STM, in particular as regards compliance with the

general and special conditions set out in the regulations referred to in article 5.1.1.4. point 2.

3. The authorisations referred to in point 2 may take the form of an exclusive concession,

individual concession, internal procurement or public contract. The Port Authority provides

justification for the system to be applied. Where necessary to ensure the general interest

objectives as referred to in article 5.1.1.1, and the continuity of the service, the Port

Authority may decide to change the original system and subsequently grant authorisations

under a new system. The authorised service providers shall be immediately informed of the

decisions taken by the Port Authority.

4. Without prejudice to article 5.1.1.4. point 4 and after the positive opinion of the HMO/STM,

the Port Authority may revoke the authorisation of a service provider. The relevant service

provider shall first be heard.

ARTICLE 5.1.1.6. OPERATIONAL PLANNING

1. The authorised towing service providers are responsible for the execution of the pilotage

tasks and prepare an appropriate operational planning for this purpose. As stakeholders in

an integrated nautical chain they are required to actively contribute to smooth and safe

shipping traffic to, from and within the port.

To this end they are required to register their operational planning and available current

capacity based on the orders received, and to transparently communicate this information to

the HMO/STM via the information system or communication channel imposed by the

HMO/STM. The specific modalities for the use of the common work floor of the ACC and the

digital planning environment are laid down in separate agreements between the Port

Authority and the authorised service providers.

2. The authorised service providers each appoint a responsible person who, operating from the

common work floor of the ACC, plans and coordinates the execution of pilotage services for

his organisation and, where appropriate, adjusts the said planning, whether or not instructed

by the HMO/STM, for the purpose of optimising supply and demand and ensuring the

optimal integration of the service within the nautical chain. These responsible persons also

act as first point of contact for the HMO/STM for the tasks referred to in this article.


ARTICLE 5.1.1.7. COORDINATION ROLE OF THE HMO/STM

1. The HMO/STM is responsible for the supervision of the planning and the optimal

coordination thus to be achieved between the demand for pilotage services and the supply

of the authorised pilotage service providers, as well as for the supervision of the optimal

integration of the pilotage services within the nautical chain. The HMO/STM may also issue

procedures to promote the aforementioned coordination and integration.

2. Without prejudice to the provisions of articles 5.1.1.6 and 5.1.1.7, if the demand for services

exceeds the supply, the HMO/STM shall take whatever action is necessary to ensure smooth

and safe shipping traffic. In such a case, the HMO/STM shall ask the relevant authorised pilot

service provider(s) to meet this additional demand as soon as possible.

3. If an authorised service provider fails to comply with the instructions specified in point 2 or if,

for some other reason, the general interest objectives as referred to in article 5.1.1.1. may be

jeopardised, the harbourmaster may permit other authorised or unauthorised service

providers holding the required qualifications, to carry out a well defined pilotage service.

Such permission is limited in time and place to those actions that are directly related to the

urgency of the situation.

5.1.2. SPECIAL PROVISIONS FOR SERVICE PROVIDERS

ARTICLE 5.1.2.1. EXCLUSIVE SERVICE PROVIDER

1. To the extent that pilotage in non-tidal areas or part thereof is entrusted exclusively to one

service provider, the special conditions under which the service is to be performed shall

include at least the guaranteed permanent and general availability (24/7) to satisfy any

demand for pilotage at tariffs previously approved by the Port Authority in accordance with

the provisions of the Tariff Regulations. The Port Authority will communicate these rates via

her available communication channels.

2. If an exclusive concession is in force at the time of entry into force of these provisions, it shall

be continued under the applicable conditions, until the moment of termination of the

concession.

ARTICLE 5.1.2.2. PROHIBITION

Without prejudice to article 5 § 1, 9° of the Pilotage Decree, it is expressly prohibited for masters and

skippers to use, in non-tidal areas of the port, pilotage services provided, organised or offered by a

natural person or private or public legal entity other than a body authorised by the Port Authority.


5.1.3. GENERAL PROVISIONS FOR PORT USERS

ARTICLE 5.1.3.1. REQUIREMENT TO USE PILOTAGE SERVICES

1. For public safety reasons, assistance by pilots in non-tidal areas of the port is mandatory,

except for movements along the quay when there is a permanent fore and aft connection

between ship and shore, and for masters of dredgers used as such in the port, dredgers and

vessels operated by the Flemish, federal or Dutch government.

2. In particular, assistance by pilots in non-tidal areas of the port shall be mandatory for:

• seagoing vessels that are not required to use a tug

• seagoing vessels carrying hazardous liquids or liquefied gases, as cargo, in bulk ((gas)

tankers) on board, or having been emptied of such cargo

• exceptions can be granted under specific conditions by the Harbourmaster to tankers

used in the Port to supply liquid or gaseous fuel to other vessels

3. In addition, assistance by pilots in non-tidal areas of the port shall be required at all times if:

• visibility is less than 1000 metres

• the constant wind force exceeds 6 on the Beaufort scale

The occurrence of these meteorological conditions shall be assessed by the HMO/STM and

communicated to the port users via the information system or communication channel

provided by the HMO/STM.

4. Pilotage services shall be used under the responsibility and at the expense of the piloted

vessel. Port users shall comply with the conditions imposed by the Harbourmaster at all

times.

5. Depending on the size of the vessel and the waterway, the HMO may impose additional

pilotage requirements in non-tidal areas of the Port, at the expense and responsibility of the

vessel.

ARTICLE 5.1.3.2. EXEMPTION FROM PILOTAGE REQUIREMENT + PI

1. Contrary tho the provisions of Article 5.1.3.1, the Harbourmaster may grant exemptions from

the pilotage requirement, provided the conditions of the HMO are met.

2. The exemption granted may be immediately revoked without any recourse by the

Harbourmaster, if so required for public safety.

ARTICLE 5.1.3.3. EXCEPTIONAL CIRCUMSTANCES

Where urgently required for public safety reasons, the Harbourmaster may, contrary to the

provisions of article 5.1.3.1, grant one-off exemptions from the pilotage requirement.

If there are serious indications that no pilotage service can be provided within a reasonable period,

the Harbourmaster may take all measures deemed appropriate and necessary, without prejudice to

the provisions of article 5.1.1.7. § 3.


5.2 Mooring and unmooring

5.2.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE




and high quality mooring and unmooring service for port users, the mooring and unmooring of

vessels before and behind the lock complexes as referred to in Title I, article 1.1.1. of these Municipal

Port Police Regulations, is considered a public port service.



public port service within the port.



article 5.2.1.1., the Port Authority establishes the framework and the conditions under which

mooring and unmooring before and behind the lock complexes is to take place, including the public

service obligations to be met by the entities that provide the said service within the port.

ARTICLE 5.2.1.4. GENERAL AND SPECIAL CONDITIONS

1. The conditions imposed by the Port Authority on the service providers, as set out in 5.2.1.3.,

consist of general and special conditions.

• General conditions are conditions that equally apply to all service providers that provide

mooring and unmooring services before and behind the locks in the port.

• Special conditions are conditions related to the modalities of the service authorisation by

the Port Authority, as set out in articles 5.2.2.1. and 5.2.2.2. These conditions

supplement or specify the general conditions.

2. The Port Authority establishes, by way of one or more regulations, the general and special

conditions that are imposed on the authorised service providers. These conditions can be

changed by the Port Authority if necessary.

3. The conditions in point 2 shall not affect the legal provisions to be complied with by the

service providers. For the purpose of granting the authorisation as referred to in article

5.2.1.5. point 2, the Port Authority shall require service providers undertaking mooring and

unmooring services within the port, to submit a declaration of honour stating that they meet

the legal provisions.

If a competent authority finds that an authorised service provider does not comply with

these legal provisions, the Port Authority may, at the request of that authority and after the

positive opinion of the HMO/STM, revoke the authorisation.

4. The HMO/STM shall ensure that, during the provision of their services, authorised service


not, the HMO/STM shall issue instructions to ensure compliance with the conditions.



1. Pursuant to article 11 §2 of the Port Decree, the Port Authority may either internally

delegate the execution of mooring and unmooring operations or entrust the same, in whole

or in part, to private or other public legal entities.


provide mooring and unmooring services in the port without prior authorisation by the Port

Authority. To this end, a candidate service provider submits an application for authorisation

in accordance with the procedure established by ordinance of the Port Authority.

The Port Authority decides on the application for authorisation. For its decision the Port



3. The authorisations referred to in point 2 may take the form of an exclusive concession,

individual concession, internal procurement or public contract. The Port Authority provides

justification for the system to be applied. Where necessary to ensure the general interest

objectives as referred to in article 5.2.1.1, and the continuity of the service, the Port

Authority may decide to change the original system and subsequently grant authorisations

under a new system. The authorised service providers shall be immediately informed of the

decisions taken by the Port Authority. As from the date of such a decision, no new

authorisations can be granted in accordance with the effective system.

4. To the extent that the decision referred to in point 3 relates to the replacement of a system

with authorisations of indefinite duration, the authorisations then in force shall end no

sooner than 1 year after the decision unless otherwise agreed in consultation with the

service providers concerned, but in any case no later than on the day of entry into force of

the new service authorisations granted by the Port Authority under the new system.

To the extent that the decision relates to the replacement of a system with authorisations of

limited duration, the authorisations shall remain force for the contractually stipulated

duration unless otherwise agreed in consultation with the service provider concerned.

New service authorisations granted by the Port Authority can only can only take effect after

expiry of this term.





1. The authorised service providers are responsible for mooring and unmooring before and

behind the locks in the port and prepare a suitable operational planning for this purpose. As

stakeholders in an integrated nautical chain they are required to actively contribute to

smooth and safe shipping traffic to, from and within the port.

2. To this end they are required to register their operational planning and available current

capacity based on the orders received, and to transparently communicate this information to

the HMO/STM via the information system or communication channel imposed by the

HMO/STM. The specific modalities for the use of the common work floor of the ACC and the

digital planning environment are laid down in separate agreements between the Port

Authority and the authorised service providers.


3. The authorised service providers each appoint a responsible person who, operating from the

common work floor of the ACC, plans and coordinates the execution of unmooring and

mooring services for his organisation and, where appropriate, adjusts the said planning,

whether or not instructed by the HMO/STM, for the purpose of optimising supply and

demand and ensuring the optimal integration of the service within the nautical chain. These

responsible persons also act as first point of contact for the HMO/STM for the tasks referred

to in this article.


1. The HMO/STM is responsible for the supervision of the planning and the optimal

coordination thus to be achieved between the demand for boatmen and the supply of the

authorised service providers, as well as for the supervision of the optimal integration of

mooring and unmooring within the nautical chain. The HMO/STM may also issue procedures

to promote the aforementioned coordination and integration.

2. Without prejudice to the provisions of article 5.2.1.6, if the demand for services exceeds the

supply, the HMO/STM shall take whatever action is necessary to ensure smooth and safe

shipping traffic. In such a case, the HMO/STM shall ask the relevant authorised berthing and

unberthing service provider(s) to meet this additional demand as soon as possible.

3. If an authorised service provider fails to comply with the instructions from the HMO/STM as

specified in point 2 or if, for some other reason, the general interest objectives as defined in

article 5.2.1.1. may be jeopardised, the harbourmaster may permit other authorised or

unauthorised service providers holding the required qualifications, to carry out a well defined

unmooring or mooring operation. Such permission is limited in time and place to those

actions that are directly related to the urgency of the situation.

ARTICLE 5.2.1.8. BERTHS

During unmooring and mooring operations, service providers are required to comply with the

provisions of chapter 3.2. ("Berths") and article 2.1.14.


5.2.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE SERVICE


1. If the service is entrusted to an exclusive service provider, the special conditions under which

the service is to be provided shall include at least the guaranteed permanent and general

availability (24/7) to satisfy any demand for boatmen at tariffs previously approved by the

Port Authority. The Port Authority will communicate these rates via her available

communication channels.

2. The authorisation of an exclusive service provider may be granted via an exclusive

concession, a public contract or via internal procurement, taking into consideration the

applicable legal provisions. The conditions applicable to exclusive service are equal

regardless of whether the authorisation is granted via internal procurement, an exclusive

concession or a public contract.

3. To the extent that the authorisation for exclusive service is granted via the award of an

exclusive concession or public contract, the Port Authority shall take into account at least the

legally prescribed guarantees when establishing the procedure. The Port Authority shall

suitably publicise the procedure and any changes thereto.

4. If an exclusive concession is in force at the time of entry into force of these provisions, it shall

be continued under the applicable conditions, until the moment of termination of the

concession.

ARTICLE 5.2.2.2. SEVERAL SERVICE PROVIDERS

1. To the extent that the Port Authority decides to open up mooring and unmooring services to

several service providers, the authorisations to be granted shall take the form of a permit

granted under a permit system.

2. A candidate permit holder can at any time apply for a permit to be granted under this

system. The permits are in principle granted by the Port Authority for an indefinite period of

time and take effect 30 days after the decision to grant the permit.

3. If, pursuant to article 5.2.1.5. point 3, the Port Authority decides to replace the permit

system with another system referred to in said article, no more permits can be issued from

the date of such decision. Any permits existing at such time shall expire no later than 1 year

after the publication of the decision or at the time when the service permit granted by the

Port Authority takes effect.

4. The special conditions imposed by the Port Authority upon the permit holders shall include

at least a guaranteed joint supply of boatmen that meets the general interest objectives as

set out in article 5.2.1.1. The special conditions that are imposed shall be identical for all

permit holders.

5. A licence holder who, for any reason whatsoever, desires to waive the rights and obligations

under the licence shall immediately notify the Port Authority thereof by registered mail. The

licence holder shall continue to provide the service under the licence for a period of 6

months from the registered mail. Upon expiry of this 6-month period, the licence will be

considered revoked.

6. In the event of revocation of a licence in accordance with point 5 or pursuant to article

5.2.1.5., point 4, the Port Authority is required to consult the remaining licence holders in the


navigation area for the purpose of examining whether the service can still be provided in

accordance with the general interest objectives as set out in article 5.2.1.1.

To the extent that compliance with these objectives can be ensured by the remaining licence holders,

the special licence conditions are adapted to the new situation. If not, art. 5.2.1.2., point 3, applies.


5.2.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS

ARTICLE 5.2.3.1. ADDITIONAL INSTRUCTIONS

In the interest of nautical safety or the optimisation of the chain operation (for some areas), the

HMO/STM may issue additional instructions for the service providers.


ARTICLE 5.2.4.1. MANDATORY USE OF BOATMEN

Without prejudice to the provisions of article 5.2.4.2, the use of services for berthing and unberthing

in front of and behind the locks in the port area, is mandatory for safety reasons.

ARTICLE 5.2.4.2. EXEMPTION FROM BOATMAN REQUIREMENT

The obligation does not apply to:

seagoing vessels with an overall length less than 80 m where transfer from the vessel to

the quay can proceed in complete safe way and with a minimum difference in height

between the upper gangway, strength deck or weather deck and the quay.

movements along the quay where front and rear connection between the vessel and the

quay is ensured throughout the movement (at least 1 line at the front and 1 line at the

rear).

ARTICLE 5.2.4.3. BERTHS

Port users must at all times comply with the provisions of chapter 3.2. ("Berths") and article 2.1.14.


5.3 Towage + PI

5.3.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE

TOWAGE SERVICE




and high quality towage service for port users, towage as referred to in Title I, article 1.1.1. of these

Municipal Port Police Regulations, is considered a public port service.



public port service within the port.

ARTICLE 5.3.1.3.SCOPE OF APPLICATION

Since the traffic planning of the Port Authority is paramount for the Common Nautical Authority in

accordance with article 8.3 of the Treaty between the Flemish Region and the Kingdom of the

Netherlands concerning the Common Nautical Management in the Scheldt area, the provisions in this

section are intended to expedite an integrated traffic flow insofar as it involves the use of towage

services for shipping traffic to and from the Port, without prejudice to the competencies of other

authorities, including the Common Nautical Authority.



article 5.3.1.1., the Port Authority shall establish the conditions under which the towing service is to

take place, including the public service requirements to be met by the entities that provide said

service within the Port. These conditions imposed by the Port Authority, and their supervision by the

HMO/STM, are aimed exclusively at meeting the demand for towage services of port users arriving in

or departing from the port, taking into account the general interests referred to in 5.3.1.1.

ARTICLE 5.3.1.5. GENERAL AND PARTICULAR CONDITIONS

1. The conditions imposed by the Port Authority on the service providers, as set out in 5.3.1.4.,

comprise general and particular conditions.

• general conditions apply equally to all towage service providers in the Port.

• particular conditions pertain to service authorisation procedures of the Port

Authority, as set out in article 5.3.1.6. and detailed in subsection 5.3.2 of these

regulations. These conditions supplement or elaborate on the general conditions.

2. The Port Authority shall, by way of one or more regulations, establish the general and

particular conditions that are imposed on the authorised service providers.

3. The conditions set out in point 2 shall not affect the legal provisions applicable to the

performance of towage activities, which must be fully complied with by the service

providers. For the purpose of granting the authorisation pursuant to article 5.3.1.6, the Port

Authority shall require towage service providers in the port to submit a declaration on


honour stating that they meet the legal provisions. If a competent authority finds that an

authorised service provider does not comply with these legal provisions, the Port Authority

may, at the request of that authority and after the positive opinion of the HMO/STM, revoke

the authorisation.

4. The Port Authority shall at least once a year, on proposal of the HMO/STM, establish the

expected required tugboat capacity for one of the navigation areas referred to in article

5.3.1.7. Where necessary to ensure the general interest objectives mentioned in article

5.3.1.1, this information may also be used to amend the conditions referred to in point 1 and

point 2 by updating the regulations referred to in point 2.

Prior to making this decision, the Port Authority shall consult the authorised service providers

that may be affected by the decision, as well as the users of the service. The results of this

consultation shall be taken duly into account in the decision-making process.

The Port Authority shall provide reasonable periods for the authorised service providers to

enable them to comply with the amended conditions.

5. The HMO/STM shall ensure that authorised service providers comply at all times with the

applicable conditions for the provision of the service to the port users. Otherwise, the

HMO/STM shall issue instructions to ensure compliance with the conditions.


1. Pursuant to article 16 §2 of the Port Decree, the Port Authority may either internally

delegate the execution of towing operations or entrust the same, in whole or in part, to

private or other public legal entities.


provide tug assistance in the Port without prior authorisation by the Port Authority. To this

end, a candidate service provider submits an application for authorisation in accordance

with the procedure established by ordinance of the Port Authority.

3. The Port Authority decides on the application for authorisation. For its decision the Port



The authorisations referred to in point 2 may take the form of an exclusive concession,

individual concession, internal procurement or public contract. The Port Authority shall

determine and justify the applicable system for each navigation area as referred to in article

5.3.1.7. Where necessary to ensure the general interest objectives as referred to in article

5.3.1.1, and the continuity of the service, the Port Authority may decide to change the

original system and subsequently grant authorisations under a new system. The authorised

service providers within the relevant navigation area shall be immediately informed of the

decisions taken by the Port Authority.

As from the date of such a decision, no new authorisations can be granted in accordance

with the effective system.

4. To the extent that the decision referred to in point 3 relates to the replacement of a system

with authorisations of indefinite duration, the authorisations then in force in the relevant

navigation area shall end no sooner than 1 year after the decision unless otherwise agreed in


consultation with the service providers concerned, but in any case no later than on the day

of entry into force of the new service authorisations granted by the Port Authority under the

new system. To the extent that the decision relates to the replacement of a system with

authorisations of limited duration, the authorisations shall remain force for the contractually

stipulated duration unless otherwise agreed in consultation with the service provider

concerned. New service authorisations granted by the Port Authority can only can only take

effect the day after expiry of this term.




ARTICLE 5.3.1.7.NAVIGATION AREAS

For the purpose of ensuring an optimal traffic flow within the port and the efficient deployment of

resources for performance of the towage service in particular, two navigation areas are distinguished

within the Port: the navigation area before the locks (tidal area) and the navigation area behind the

locks (non-tidal area).

ARTICLE 5.3.1.8. SCOPE OF AUTHORISATIONS

The authorisation as referred to in article 5.3.1.6. always relates to one navigation area. The

authorisation to carry out towage operations in the navigation area before the locks does not create

any right or obligation on behalf of the authorised service provider to carry out towage operations in

the navigation area behind the locks and vice versa, without prejudice to the provisions of article

5.3.1.10. point 3.


The authorised towing service providers shall be responsible for the performance of towing tasks in

accordance with the operational planning drawn up by the HMO/STIM. As stakeholders in an

integrated nautical chain they are required to contribute actively to smooth and safe shipping traffic

to, from and within the Port.

To this end, they are required to register their operational planning and available current capacity

based on the orders received, and to communicate this information to the HMO/STM transparently

and continuously via the information system or communication channel specified by the HMO/STM.

The authorised towing service providers can have themselves represented on the common work

floor of the ACC.


1. The HMO/STM shall be responsible for establishing and supervising the implementation of

the operational planning and the optimal reconciliation between the demand for towage

services and the supply by the authorised towage service providers, as well as the optimal

integration of the towage services within the nautical chain. The HMO/STM may also issue

procedures to promote the aforementioned coordination and integration by means of Port

Instructions.


2. Without prejudice to compliance with the availability requirements imposed on the service

providers, if the demand for services exceeds the supply, the HMO/STM shall take whatever

action is necessary to ensure smooth and safe shipping traffic. In such a case, the HMO/STM

will ask the relevant authorised towage service provider(s) to meet this additional demand

as soon as possible.

3. Without prejudice to compliance with the availability requirements imposed on the

authorised towage service provider concerned, if the latter is unable to comply with the

instructions issued by the HMO/STM as referred to in point 2, the HMO/STM may, on a

temporary basis and only for the emergency situation at hand, use other authorised towage

service providers in the Port to provide the required towage service.

ARTICLE 5.3.1.11. DEROGATIONS

In emergency situations, the harbourmaster may call on authorised towage service providers in the

Port and also, by way of derogation from article 5.3.1.6 point 2, permit an unauthorised towage

service provider to perform a well-defined towage service. This one-off permission is limited to the

operations that are directly related in time and space to the emergency situation.

5.3.2. SPECIAL PROVISIONS FOR THE ORGANISATION OF THE TOWAGE SERVICE


1. If the service is entrusted to an exclusive towage service provider, the special conditions

under which the service is provided shall include at least the materialisation of the general

interest objective of ensuring an affordable service, alongside the guaranteed availability of

a sufficient number of tugboats as well as adequate equipment and personnel in accordance

with these requirements. For the purpose of ensuring an affordable towage service, the Port

Authority also establishes tariff regulations for this exclusive service.

2. The authorisation of an exclusive towage service provider may be granted via an exclusive

concession, a public contract or via internal procurement, taking into consideration the

applicable legal provisions. The conditions applicable to exclusive towage service are equal

regardless of whether the authorisation for exclusive towage service in a navigation area is

granted via internal procurement, an exclusive concession or a public contract. The

authorisations thus granted take effect 30 days after the decision to grant the authorisation.

3. To the extent that the authorisation for exclusive towage service is granted via the award of

an exclusive concession or public contract, the Port Authority shall take into account at least

the legally prescribed guarantees when establishing the procedure. The Port Authority shall

suitably publicise the procedure and any changes thereto.

ARTICLE 5.3.2.2. SEVERAL SERVICE PROVIDERS

1. To the extent that the Port Authority decides to open up towage services within a navigation

area to several service providers, the authorisations to be granted shall take the form of a


permit granted under a permit system. The Port Authority may limit the number of

authorised service providers in accordance with article 6 of EU Port Regulation No 2017/352.

2. A candidate permit holder can at any time apply for a towage permit to be granted under

this system. The towage permits are in principle granted by the Port Authority for an

indefinite period of time and take effect 30 days after the decision to grant the permit.

3. The special conditions imposed by the Port Authority upon the permit holders shall include

at least a guaranteed joint supply of tugboat capacity that meets the general interest

objectives as set out in article 5.3.1.1. The special conditions that are imposed shall be

identical for all permit holders.

4. A permit holder who, for any reason whatsoever, desires to waive the rights and obligations

under the permit shall immediately notify the Port Authority thereof by registered mail. The

licence holder shall continue to provide the service under the towage permit for a period of

6 months from such notification. Upon expiry of this 6-month period, the towage permit

shall be considered revoked.

5. In the event of revocation of a permit in accordance with point 4 or pursuant to article

5.3.1.6., point 4, the Port Authority is required to consult the remaining permit holders in

the navigation area for the purpose of examining whether the towage service can still be

provided in accordance with the general interest objectives as set out in article 5.3.1.1.

To the extent that compliance with these objectives can be ensured by the remaining permit

holders, the special permit conditions shall be adapted to the new situation, taking into

account the provisions of article 5.3.1.5, point 4. If not, art. 5.3.1.6., point 3 shall apply.

5.3.3. SPECIFIC PROVISIONS FOR SERVICE PROVIDERS

ARTICLE 5.3.3.1. ADDITIONAL INSTRUCTIONS FOR SERVICE PROVIDERS

In the interest of nautical safety or the optimisation of the chain operation for some areas within the

Port, the HMO/STM may issue additional instructions for the service providers. The HMO/STM may

delineate specific navigation areas for this purpose.

5.3.3.2 REGISTRATION IN INFORMATION SYSTEM

For purposes of optimal traffic scheduling, towage service providers are required to ensure the

correct and timely registration of the start and end times of all towage operations in the IT system or

communication channel specified by the HMO/STM.


ARTICLE 5.3.4.1. UNAUTHORISED SERVICE PROVIDERS

It is expressly prohibited for masters to call on towing service providers for the execution of towing

operations in the port that do not hold an authorisation as referred to in article 5.3.1.6. point 2,

except for the deviations provided for in article 5.3.2.1. point 4 and article 5.3.2.2. point 7.

The Port Authority publishes the list of all authorised service providers and all changes thereto.


ARTICLE 5.3.4.2. REQUEST FOR AND USE OF TUGS

1. The master or his representative shall report each request for tug assistance by an

authorised service provider, simultaneously via the IT system or communication channel

specified by the HMO/STM.

2. Each request must contain at least the following information:

• the identity and capacity of the applicant;

• the nationality and name of the vessel, plus, for seagoing ships the dimensions (overall

length and beam), and for inland craft and floating craft the tonnage (in metric tonnes);

• the required number (0,1,…..) of tugs in a navigation area, possibly linked with data on

the required pulling force;

• data on the special nature of the vessel and the cargo that may affect the normal

execution of the towage operation;

• for a departing or shifting vessel, indication of the time when the vessel for which tug

assistance is requested, is ready to depart or shift;

• for an arriving vessel, indication of the berth where the vessel will moor and of the

estimated time of arrival at the entry point.

3. If the application relates to tug assistance for an arriving, departing or shifting ship that

moves in both navigation areas, the above information relates to the towage operations in

both navigation areas.

4. The master or his representative shall report each tug order simultaneously via the IT system

or communication channel specified by the HMO/STM.

5. Without prejudice to the provisions of article 5.3.4.3., decisions regarding the use of tugs in

the navigation areas on the river and behind the locks as well as their number, shall be the

responsibility of the master who shall always act with all due precaution in accordance with

good seamanship. If the master leaves the ordering of the tugs to the pilot assigned for the

navigation area, such a decision will be taken at the sole responsibility of the master and for

the account of the ship.

6. In addition to further port instructions the following information requirements apply for the

use of tugs in the navigation area on a river:

a. For a departing or shifting vessel on a single river section: the master, his

representative or agent shall submit his request for tug assistance (for confirmation

by the ACC), together with his departure or shifting request pursuant to Article 3.1.1

of the Port Instructions;

b. For a vessel departing or shifting from the navigation area behind the locks: the

master or his representative shall announce his request for tug assistance together

with his departure or shifting request pursuant to Article 3.1.1 of the Port

Instructions. Requests for tug assistance are translated into tugboat tasks which in


the port information system are made visible to the service providers and are

activated at the time of release of the lock through the plan of the allocated lock. The

master or his representative must place a tug order no later than before the opening

of the lock gates on the riverside of the allocated lock;

c. 1° For an arriving vessel from the Lower Zeeschelde and subject to compulsory

pilotage in this navigation area: the master or his representative shall lodge his

request for tug assistance no later than at the time of the pilotage order. The master

or his representative must place the tug order no later than before the vessel passes

buoy 35;

2° For an arriving vessel from the Lower Zeeschelde without pilotage: the master or

his representative shall lodge his request no later than before the vessel passes

Vlissingen Road. The master must place the tug order no later than before the vessel

passes buoy 35;

d. For an arriving vessel from the Upper Scheldt: the master or his representative shall

lodge his request no later than 6 hours prior to arriving in Antwerp Roads. The master

or his representative must place the tug order at least 3 hours prior to arriving in

Antwerp Roads.

7. For tug assistance in the navigation area behind the locks, the following requirements

apply:

a. For a vessel shifting from the navigation area on the river: the master or his

representative shall lodge his request for tug assistance together with his shifting

request. Requests for tug assistance are translated into tugboat tasks which in the

port information system are made visible to the service providers and are activated at

the time of release of the lock through the plan of the allocated lock. The master or

his representative must place a tug order no later than the closing of the lock gates

on the riverside of the allocated lock;

b. For a vessel shifting from the navigation area behind the locks within the same shore

area or for a vessel departing from a navigation area behind the locks: the master or

his representative shall lodge the request for tug assistance simultaneously with the

departure or shifting request. The master or his representative must place the tug

order no later than 1 hour before the requested time of departure or shifting.

c. For an arriving vessel coming from the Lower Zeeschelde: the master or his

representative shall lodge his request for tug assistance no later than at the time of

the (dock) pilotage order. The master or his representative must place the tug order

no later than before the vessel passes buoy 35;

d. For an arriving vessel from the Upper Scheldt: the master or his representative shall

lodge his request no later than 6 hours prior to arriving in Antwerp Roads. The master

or his representative must place the tug order at least 3 hours prior to arriving in

Antwerp Roads;


8. A required time of arrival (RTA) at the coordination point or an authorised time of departure

can only be specified by the ACC when all requirements of 5.4.3.2 are met.

9. For purposes of optimal traffic scheduling, towage service providers are required to ensure

the correct and timely registration of the start and end times of all towage operations in the

IT system or communication channel imposed by the HMO/STM.

10. All of the afore-mentioned towage operations can only be started after confirmation by the

ACC.

ARTICLE 5.3.4.3. TUG REQUIREMENT

1. Tankers with length greater than 120 m must always be assisted by at least 1 tug.

The tug assistance requirement shall not apply if the tankers are equipped with a working

bow and stern thruster or an alternative system, or with a working bow thruster or an

alternative system, and their length is less than or equal to 150 m.

The mandatory tug must not be attached near the working transverse thruster during

sailing.

2. Tankers with length greater than 120 m, built and used for the transport of liquid gas, are

always subject to tug assistance regardless of their equipment. If, in the opinion of the

master, the tug assistance requirement upon arrival or departure does not apply due to the

nature of the tanker's cargo, he must submit a reasoned request to the HMO/STM, which

will make the final decision on case-by-case basis.

3. Pursuant to article 2.1.6, the use of a tug is mandatory when shifting in the docks, if due to

the construction of the vessel or as a result of the goods carried as deck cargo, the view from

the command bridge or from the wheelhouse of the inland craft is limited, unless the objects

interfering with the view are removed.

4. Without prejudice to the provisions of § 1 to § 3, the HMO may, for nautical safety reasons,

require the use of one or more tugs and thereby deviate from the tugboat capacity required

by the master pursuant to article 5.3.4.2 § 2 or § 3.

ARTICLE 5.3.4.4. RESPONSIBILITIES OF THE MASTER

1. The use of a tug escort, i.e. a towage operation involving a number of vessels at a time,

belongs to the autonomous authority of the HMO/STM. The command over a tug escort,

however, is the responsibility of the master of the ship that is closest to the tug.

2. The master shall ensure the safety of each tug used. He is responsible for it throughout the

period during which it is placed at his disposal. This period commences from the time that

the tug presents itself to the vessel until the time that it sails away from the vessel after

having completed its task.

3. The master shall notify the tug whenever he activates the thruster of his vessel. This should

never pose any hazard to the tug or any other vessel.

4. Regardless of the sound signals specified in the shipping regulations for the Lower

Zeeschelde, the following sound signals can be given in the port by the assisted or towed

vessel to the assisting tugs:


Three short blasts Tow me astern

Long blast, two short blasts, long blast Tow me ahead

Long blast, short blast, long blast I am going to move ahead with the machine

Long blast The (fore) tug is requested not to enter the lock

Very short blast Stop the requested manoeuvre

ARTICLE 5.3.4.5. ADDITIONAL SERVICES

Towage assistance can be requested:

In case of fire on board a ship

In case of fire on a concession

For a sinking vessel

For installing, maintaining and removing a wreck buoy to delineate a sunken vessel or an

object that interferes with shipping, as set out in Article. 2.1.17.

This enumeration is not exhaustive. Any other service for which a tug boat is required, is considered

an additional service.

The tariffs for additional services by the exclusive service provider are included in a tariff regulation,

as set out in Article 5.3.2.1.

5.3.5. SPECIFIC PROVISIONS FOR PORT USERS + PI

ARTICLE 5.3.5.1. ADDITIONAL INSTRUCTIONS FOR PORT USERS

In the interest of nautical safety or the optimisation of the chain operation for some areas within the

Port, the HMO/STM may issue additional instructions for the port users. To this end, the HMO/STM

can delimit specific areas within which additional requirements can be imposed.

5.3.6. TRANSITIONAL PROVISIONS

ARTICLE 5.3.6.1.TRANSITIONAL PROVISIONS

1. The entities that ensure the towage service in the Port at the time of entry into force of this

Port Police Regulations are required, at the first convenient opportunity and within a period

of maximum 6 months from the date of entry into force of the regulations referred to in

article 5.3.1.5 point 2, to undertake the necessary steps to obtain an authorisation in

accordance with the system chosen for the relevant navigation area by the Port Authority.

2. By way of derogation from article 5.3.1.6 point 2, first paragraph, the entities referred to in

point 1 are not required to hold an authorisation for the provision of towage services for the

period commencing on the day of the entry into force of these Port Police Regulations until

the day of the decision of the Port Authority relating to the authorisation(s) to be granted as

referred to in points 1 and 3, increased by a period of 30 days.


3. If the entities referred to in point 1 fail to act in accordance with the provisions thereof, or if

they are not granted an authorisation, the Port Authority shall be required to guarantee in

any case the service in this navigation area, if necessary by

a. either granting authorisation via a system other than the system chosen in point 1,

b. or examining with the service providers already authorised at that time whether the

towage service can be provided in accordance with the general interest objectives as

set out in article 5.3.1.1. To the extent that compliance with the objectives referred

to in article 5.3.1.1 can be guaranteed, the special conditions are adapted to the new

circumstances, taking into account the provisions of article 5.3.1.5 § 4. If not, the

Port Authority is required to take a decision in accordance with point 3a.

4. The Port Authority must take the decisions referred to in point 3a within a period of 12

months from the entry into force of the regulations referred to in article 5.3.1.5 point 2.


5.4 Oil spill control

5.4.1. GENERAL PROVISIONS FOR THE QUALIFICATION AND ORGANISATION OF THE SERVICE


Pursuant to article 2, 3° of the Port Decree and for the purpose of optimal protection of the

environment and the port's harbour infrastructure from harm and to ensure a safe and economically

optimal traffic flow within the port, the service related to the containment and clean-up of oil spills

(hereinafter called ‘oil calamity service’) is a public port service.


Pursuant to article 4 §1 of the Port Decree, the Port Authority is in principle solely authorised to

organise this public port service within the port. Considering the decision of the Flemish Region,

pursuant to art. 16 § 1 of the Port Decree, to itself exercise its competency regarding the

organisation of public port services, in this case oil spill control, in the tidal area of the port, the

following regulation is however limited to the non-tidal area of the port and the Deurganck Dock.



article 5.4.1.1., the Port Authority establishes the framework and the conditions under which the oil

spill service is to take place in the non-tidal area of the Port and the Deurganck Dock, including the

public service obligations to be met by the service provider(s) which is (are) authorised to provide

this service.

5.4.2. GENERAL PROVISIONS FOR SERVICE PROVIDERS


From the entry into force of the contingency plan, It is expressly prohibited for any natural person

and any private or public legal entity to provide oil spill services in the non-tidal area of the port and

the Deurganck Dock without prior authorisation by the Port Authority.

The authorisation to provide oil spill services in the non-tidal area of the Port and the Deurganck

Dock is granted through the award of a public contract. Where necessary to ensure the general

interest objectives referred to in article 5.4.1.1. and the continuity of the service, the Port Authority

may, upon expiry of the contract, decide to organise the service in a manner other than through the

award of a public contract to a service provider, notably through a concession or the introduction of

a permit system. In that case the Port Authority shall establish a regulation laying down the

procedure and the conditions to be imposed on the authorised service provider(s). For this, the Port

Authority shall seek the advice of the HMO. The Port Authority shall publicise the list of authorised

service provider(s).



ARTICLE 5.4.3.1. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS PENDING THE

ENTRY INTO FORCE OF THE OIL SPILL CONTINGENCY PLAN

Without prejudice to the provisions of article 2.1.2., the polluter shall immediately take all

appropriate measures to:

1. stop the leak or the source of the contamination;

2. contain and mitigate the pollution through the installation of a screen;

3. have clean-up work carried out on the ship, the port infrastructure and other contaminated

vessels, at its expense;

4. have the contamination of the dock water skimmed off or sucked off by an adequate

installation. After each intervention, the emulsion shall immediately be sent to a recognised

disposal facility. Upon completion, the disposal and final destination certificates shall be

submitted to the Port Authority.

5. contact a shipping expert recognised by the Court of Commerce in accordance with art.

2.1.2.;

6. immediately report all actions taken and changes.

If the polluter fails to take the aforementioned measures within a reasonable period, the HMO shall

order these measures to be implemented at the expense and responsibility of the polluter.

ARTICLE 5.4.3.2. PROVISIONS FOR CONTAINMENT AND CLEAN-UP MEASURES FOR OIL SPILLS + PI

1. All containment and clean-up works deemed necessary by the Port Authority from a nautical,

safety and/or ecological viewpoint for clean-up of contaminated ships, surface water or port

infrastructure, shall be carried out at the expense of the polluter by a service provider

authorised by the Port Authority. It is expressly prohibited for masters or other port users to

have work carried out in the non-tidal area of the port and the Deurganck Dock by oil spill

service providers not in possession of an authorisation as referred to in article 5.4.2.1.

2. Without prejudice to the foregoing, the polluter or any other port user involved shall

immediately and to the extent that it has access to the resources reasonably provided for

this purpose and compliant with the relevant provisions of the code of good practice:

a. stop the leak or the source of the contamination;

b. take all protective measures, including the fitting of oil screens or the application of oil

absorbent materials, in order to contain or mitigate the pollution, pending further

containment and clean-up work sub 1.


5.4.4. OTHER PROVISIONS FOR PORT USERS (POLLUTERS AND OTHER PORT USERS)

ARTICLE 5.4.4.1. OTHER PROVISIONS FOR PORT USERS

The general provisions of article 2.1.2 apply, in particular the prohibited use of detergents or

dispersants and the possibility for the HMO to stop all work on the ship and all loading/unloading

operations until completion of the clean-up works.

Without prejudice to the provisions of article 2.1.2. sub 2 e and f on the duty of notification for

masters or skippers and sub 8 on the duty of notification for port users as witness, the polluter or any

other port user shall notify the oil spill forthwith.

Without prejudice to article 2.1.2. sub 7, the polluters and the other port users involved shall provide

full assistance to the authorised service provider during the containment and clean-up works.


5.5.Bunkering

5.5.1 PROVISIONS FOR QUALIFICATION AND ORGANISATION OF THE SERVICE

ARTICLE 5.5.1.1 PORT SERVICE

Pursuant to article 4 of Regulation 2017/352 of the European Parliament and of the Council of 15

February 2017 establishing a framework for the provision of port services and common rules on the

financial transparency of ports and in the general interest of maintaining public order, preserving a

safe and optimal traffic flow from and to the port, and assuring high quality bunkering operations for

the port users, the bunkering of vessels in the port and the associated services are considered port

services.


Pursuant to article 4 of the above-mentioned European Regulation, the Port Authority is responsible

for the organisation of this port service within the port.


1. Pursuant to article 4 of the above-mentioned European Regulation, the Port Authority

establishes the regulations and the conditions governing the provision of bunkering services

in the port.

2. The conditions imposed by the Port Authority shall not affect the legal provisions to be

complied with by the service providers.

3. For the purpose of granting a licence as referred to in article 5.5.1.4(1), the Port Authority

shall require the entities undertaking bunkering activities within the port, to submit a

declaration of honour stating that they meet these legal provisions.

4. If a competent authority finds that a licence holder does not comply with these legal

provisions, the Port Authority may, at the request of that authority and after the positive

opinion of the HMO, revoke the licence.

5. The HMO shall ensure that, during the provision of their services, authorised service


not, the HMO shall issue instructions to ensure compliance with the conditions.

ARTICLE 5.5.1.4 LICENCE

1. It is expressly prohibited for any natural and/or legal person to provide bunkering services in

the port without prior authorisation by the Port Authority. To this end, a candidate service

provider shall submit a licence application.

2. The conditions for obtaining a licence are laid down in one or more regulations.

3. The Port Authority shall grant the licence if the conditions are met.

4. Without prejudice to the application of article 5.5.1.4(4), the Port Authority may revoke the

licence of a service provider. The relevant service provider shall first be heard.

ARTICLE 5.5.1.5 TRANSFER OF INFORMATION

Licence holders, as stakeholders in an integrated nautical chain, are required to actively contribute to

smooth and safe shipping traffic to, from and within the port. To this end, they shall transparently


provide the HMO with the information required by the HMO, via the information system or

communication channel prescribed by the HMO.

5.5.2. PROVISIONS FOR SERVICE PROVIDERS

ARTICLE 5.5.2.1 LICENCE

It is expressly prohibited for any natural and/or legal person to provide bunkering services in the port

without prior authorisation by the Port Authority.

ARTICLE 5.5.2.2 LICENCE CONDITIONS + PI

The Port Authority determines the conditions under which the service may be provided in the port of

Antwerp. Towards this end, the Port Authority shall adopt one or more regulations. Specific

conditions may apply to certain types of service.

ARTICLE 5.5.2.3 LICENCE APPLICATION

A candidate licence holder can at any time apply for a licence. The licence shall be granted for a

specific period of time as laid down in the regulation(s) referred to in article 5.5.2.2, and enter into

force from the day of the decision to grant the licence.

ARTICLE 5.5.2.4. REVOKING THE LICENCE AT THE SERVICE PROVIDER'S REQUEST

A licence holder who, for any reason, wishes to terminate its services shall immediately notify the

Port Authority thereof by registered mail. The licence shall expire on the date of receipt of the

registered mail.

ARTICLE 5.5.2.5. OBLIGATIONS AS PART OF THE BUNKERING OPERATION

As part of the bunkering operation, the licence holder is required to comply with the provisions of

chapter 5.5.4.


5.5.3 PROVISIONS FOR PORT USERS

ARTICLE 5.5.3.1 OBLIGATION TO USE A LICENSED SERVICE PROVIDER

It is expressly prohibited for masters to use bunkering services delivered, organised or provided by a

natural and/or legal person other than the person licensed for this purpose by the Port Authority.

The Port Authority will publish the list of all licence holders.

ARTICLE 5.5.3.2 OBLIGATIONS AS PART OF THE BUNKERING OPERATION

As part of the bunkering operation, the masters and/or their representatives shall enforce and/or

comply with the provisions of chapter 5.5.4.


5.5.4 PROVISIONS FOR THE SERVICE TO BE PROVIDED

ARTICLE 5.5.4.1 CONDITIONS FOR BUNKERING OPERATION + PI

1. Without prejudice to the provisions of article 5.5.2.2, the HMO may require specific

conditions to be met as part of the provision of the service. These conditions may differ

according to the bunkering method being used.

2. In the interest of nautical safety or optimisation of the chain operation, the HMO may, for

specific areas, issue additional instructions for the provision of services.

3. In emergencies or when required for public safety, the HMO may at any time prohibit or stop

a bunkering operation or impose other safety measures.

ARTICLE 5.5.4.2 MOBILE BUNKERING + PI

Mobile bunkering requires specific authorisation from the HMO.

ARTICLE 5.5.4.3. DE-BUNKERING + PI

De-bunkering is permitted only under the conditions defined by the HMO.

ARTICLE 5.5. 4.4 FUEL CHECK + PI

Without prejudice to the competences of other authorities, the HMO may check the fuels supplied

for their specifications.

ARTICLE 5.5.4.5 SIMULTANEOUS OPERATIONS + PI

The HMO may specify conditions for simultaneous operations.

ARTICLE 5.5.4.6 BUNKERING CHECKLIST + PI

1. Prior to the bunkering operation, the parties involved shall complete and sign a bunkering

checklist.

2. Each of the parties involved shall ensure that the bunkering checklist can, upon request, be

made available for inspection by the HMO for a period of 6 months from completion of the

bunkering operations.

3. During the bunkering operation, the bunkering checklist shall be complied with. Bunkering

shall immediately be stopped in case of non-compliance with the bunkering checklist.

ARTICLE 5.5.4.7. SAFE BERTHING ALONGSIDE + PI

1. The master(s) of the relevant vessel(s) shall see to it that the relevant vessel(s) is(are) safely

and properly berthed alongside prior to and through to the end of the bunkering operation.

Special attention must be paid to this with passing vessels.

2. It must be clarified before the start of the bunkering operations that the mooring facilities

and the bunker equipment of receiver and supplier are compatible, so that bunker

operations can be conducted safely.


ARTICLE 5.5.4.8 ACCESS TO RECEIVING VESSEL

Where necessary or desirable for safe and smooth bunkering, the master and/or crew of the

receiving vessel shall grant the licence holder regulatory and safe access to the vessel.

ARTICLE 5.5.4.9 MANDATORY NOTIFICATION + PI

1. The licence holder is required to notify the HMO in advance of the planned bunkering

operation. The licence holder shall also notify the HMO of the expected start time of the

operation and of the effective start and end times of the operation.

2. The information shall be entered via the information channel or communication system

prescribed by the HMO, as provided for in article 5.5.1.5.

ARTICLE 5.5.4.10 MONITORING AND PROPER COMMUNICATION

The parties involved shall monitor the execution of the bunkering operation and ensure proper

communication prior to and during the execution of the bunkering operation.

5.5. 5 TRANSITIONAL PROVISIONS 1. The service providers that ensure bunkering services in the port at the time of entry into force of

this Port Police Regulations are required, at the first convenient opportunity and within a period of

maximum 3 months from the date of entry into force of the regulations referred to in article 5.5.2.2,

to undertake the necessary steps to obtain an authorisation.

2. By way of derogation from article 5.5.1.4(1), the service providers referred to in point 1 are not

required to hold an authorisation for the provision of bunkering services for the period commencing

on the day of the entry into force of these Port Police Regulations until the day of the decision of the

Port Authority relating to the authorisation to be granted as referred to in point 1.


6 PENAL AND FINAL PROVISIONS

Article 6. 1. IMPLEMENTATION CONDITIONS

1. The harbourmaster is responsible for the enforcement of these regulations.

2. The guidelines and practical implementation of the procedures and requirements set out in

these regulations are governed by the corresponding PORT INSTRUCTIONS, published on the

website of the Port Authority. The numbering of the port instructions refers to the relevant

articles of these regulations. The Port Instructions are an integral part of these regulations.

3. For special (temporary) situations, the HMO may establish regulations that are issued as

nautical notices to the interested parties, and also published on the aforementioned website.

Article 6. 2. LAW OF 5 MAY 1936

Any breach of the provisions of these regulations and/or orders, including oral orders from the

harbourmaster, shall be punished as provided for in the law of 5 May 1936 establishing the status of

harbourmasters, without prejudice to any civil recourse by the Port Authority for any possible

damage caused.

Article 6. 3. IMMEDIATE COLLECTION

The harbourmaster is entitled to propose immediate collection in accordance with the law of 5 May

1936.

Article 6. 4. ABOLITION AND TRANSITIONAL PROVISIONS

The Municipal Port Police Regulations, approved by the Municipal Council of the City of Antwerp at

the meeting of 19 December 2016 are withdrawn and replaced with these Municipal Port Police

Regulations.

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