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From water transport are waiting for the multiplier effect
Material posted: Gornova Anna M.Publication date: 19-11-2019
On November 18 at the Russian chamber of shipping held a meeting of the expert section on marine and river transport under the Committee
The state Duma transport and construction under the chairmanship of a member of the Committee and head of the Section of Victor Deryabkin.

On November 18 at the Russian chamber of shipping held a meeting of the expert section on marine and river transport under the Committee
The state Duma transport and construction under the chairmanship of a member of the Committee and head of the Section of Victor Deryabkin.

 

Currently in the State Duma for consideration are two bills introduced by the Government of the Russian Federation, which are designed to stimulate the construction of vessels at Russian shipyards and their equipment the Russian equipment - the draft Federal law № 778665-7 "On amendments to article 4 of the merchant shipping Code of the Russian Federation (to clarify the opportunities and issues relating to the use of vessels under a foreign flag States in the implementation of some activities in the field of merchant shipping developed by the Ministry of transport of the Russian Federation and the draft Federal law № 769222-7 "On amendments to article 4 of the Russian KTM (for certain types of work the implementation of which is possible only with the use of vessels constructed in the territory of the Russian Federation), developed by the Ministry of industry and trade of the Russian Federation.

 

The stumbling block was the rate at which the ship is proposed to consider the Russian, not only if it was built at a Russian shipyard and works under the Russian flag, but also the vessel must meet the criteria of the RF government resolution No. 719, which actually marked the mandatory amount of peripheral equipment produced in the Russian Federation.

 

According to the shipping community, there is legal uncertainty, while the ships that were built at Russian shipyards prior to the entry into force of the legislative amendments, but does not meet the requirements of the government decree No. 719, will have the right of access to cabotage. And in the construction of such a fleet ship owners had invested significant funds. Thus, in fact discriminerende Russian flag, offset by the effect from the well-known FL no 305 on support of shipbuilding.

 

"For business at the moment this artificial criterion harmful, because it creates legal uncertainty", - consider in the Russian chamber of shipping. The participants drew attention that the requirements of the PP of the Russian Federation No. 719, which come into force in 2019 may be feasible, and in positions which implemented to be carried out from 2022, no such certainty. The government, by contrast, argues his position by the fact that the bill is aimed at the development of domestic shipbuilding, in order to avoid such situations, when the Russian shipyard wins a tender for the construction of the vessel, and then places an order for the construction of this vessel in foreign shipyards. "For the period from 2012 to 2017 in our country put into operation 1116 ships of foreign production, of which 239 are designed for inland waterways and 877 for marine areas," such statistics lead the Ministry.

 

During the discussion the representatives of the shipping community was stressed that it is not against the import substitution related industries, but this goal is better achieved by the adoption of a separate Gosprogrammy on import substitution peripheral equipment, and as you complete this program should be banning those or other criteria and norms.

 

In respect of 778665-7 bill "On amendments to article 4 of the merchant shipping Code of the Russian Federation expressed its position of the Russian trade Union of seamen. In the Union see the need to eliminate legal uncertainty in clause 4 of article 4 KTM of the Russian Federation concerning the right of the Government of the Russian Federation to grant permission on Maritime transport in "cabotage" to foreign courts. The current version of this rule, unlike the previous one, contains no reference to the presence of the cases and the manner in which the Government of the Russian Federation issued such permission. Accordingly, it is unclear whether it continues to act in this case, the Resolution of the Government of the Russian Federation from 24.052012, No. 504 "About transport and towing in the communication between the ports of the Russian Federation, as well as activities related to icebreaking, search, rescue and towing operations, lifting the sunken into the sea assets, hydraulic engineering, underwater technical and other similar works conducted in the internal sea waters or the territorial sea of the Russian Federation vessels flying the flag of a foreign state."

 

"Judging by the fact that the current wording of this provision KTM is no indication of whether such conditions and procedures as the Government of Russia gives the decision on navigation of foreign vessels in cabotage, such decisions are made arbitrarily, and that is unacceptable, leads to abuses of the rights of Russian shipowners and the Russian sailors," said chief expert on legal issues rpsm Valery Nefedov.

 

Also Valery Nefedov noticed that with the requirements of the labour code (article 35.1) and the Federal law "About the Russian tripartite Commission on regulation socially-labour relations" this bill is necessary to make recommendations for consideration to the site of RTK, because he, in particular, affects the interests of seafarers on employment, creates tension at the national Maritime labour market, and therefore needs appropriate adjustment. He was supported by President of Russian chamber of shipping Alexey Klyavin.

 

"From water transport are waiting for the multiplier effect. However, in order to maintain the pace of fleet renewal, it is necessary to keep the principles that were laid down in No. 305-FZ on the support of the domestic shipbuilding industry, to avoid legal uncertainty and excessive financial burdens on shipowners," he explained to inform 24 h inthe flax Section, coordinator of the project "Marine policy" Center for strategic estimates and projections Anna Gornova.

 

It is assumed that the position of both made today for expert discussion of the draft laws will determine in the near future the profile state Duma Committee on transport and construction.

Tags: Sea policy


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