Статья 20«Соглашение между Правительством Российской Федерации и Правительством Греческой Республики о торговом судоходстве» [рус., англ.]

1. Каждая из Сторон уведомит по дипломатическим каналам другую Сторону о завершении внутригосударственных процедур, необходимых для вступления в силу настоящего Соглашения.

Соглашение вступит в силу через тридцать дней с даты последнего уведомления.

2. С даты вступления в силу настоящего Соглашения в отношениях между Российской Федерацией и Греческой Республикой прекращает действие Соглашение между Правительством Союза Советских Социалистических Республик и Правительством Греческой Республики о торговом судоходстве, подписанное в Москве 16 декабря 1975 г.

3. Настоящее Соглашение будет оставаться в силе до истечения двенадцати месяцев с даты, когда любая из Сторон в письменной форме уведомит другую Сторону о своем намерении прекратить его действие.

Совершено в городе Афины 6 декабря 2001 года в двух экземплярах, каждый на русском, греческом и английском языках, причем все тексты имеют одинаковую силу. В случае расхождений в толковании будет использоваться текст на английском языке.

BETWEEN THE GOVERNMENT OF THE RUSSIAN FEDERATION

The Government of the Russian Federation and the Government of the Hellenic Republic, hereinafter referred to as the Parties,

Desiring to develop the co-operation between the two States in the field of merchant shipping and to contribute to the development of international shipping on the basis of the principles of the freedom of merchant navigation,

1. The term «vessel of the Party» shall mean any vessel registered in the shipping registry of this Party and flying the flag of its State. This term shall not, however, include:

a) warships and other government vessels operated for non-commercial purposes;

b) scientific research vessels;

c) sea-going sporting and pleasure vessels.

2. The term «member of the crew» shall mean the master and any other person actually employed for duties on board a vessel during a voyage in the working or service of a vessel and included in the crew list.

3. The term «competent authorities» shall mean:

in the Russian Federation — the Ministry of Transport of the Russian Federation;

The Parties shall develop bilateral relations in the field of merchant shipping on the basis of the principles of free and fair competition and the freedom of merchant navigation and shall refrain from any action that could adversely affect the international maritime transport and trade.

1. The Parties within the limits of their respective national legislation shall continue their efforts to maintain and develop a permanent and effective co-operation between the competent authorities of their States. In particular the Parties shall carry out mutual consultations and exchange of information between their competent authorities.

2. The Parties shall provide each other within the limits of their ability with technical assistance for the development of maritime transport.

(a) apply effectively the principle of unrestricted access of vessels of the Russian Federation and of the Hellenic Republic to the sea transportation of goods and passengers between their ports as well as between their ports and ports of third States;

(b) not apply any cargo sharing arrangements in international shipping with the exception of those cases where liner shipping companies would not have otherwise an effective opportunity to ply for trade to or from a third State;

(c) not introduce any discriminatory arrangements in respect of the international maritime transportation of goods and passengers;

(d) co-operate in the elimination of obstacles which may hamper the development of the sea trade between the ports of their States;

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

c) shall not apply to activities reserved by each of the Parties for their vessels or organizations and enterprises, including in particular cabotage, sea fishing, pilotage, towage, salvage and maritime assistance;

d) shall not oblige either of the Parties to extend to the vessels of the other Party exemptions from compulsory pilotage requirements granted to its vessels.

1. Unless otherwise provided for in this Agreement, the Parties shall grant to each other the most favoured nation treatment in all matters concerning merchant shipping.

2. The provisions of paragraph 1 of this article shall not apply to:

(a) advantages resulting from the participation of either of the Parties in an economic community of any kind;

(b) advantages which either of the Parties grants or may grant to neighbouring States.

1. The documents certifying the nationality of vessels, as well as any other ships' documents issued or recognized by one of the Parties shall be recognized by the other Party.

1. Each Party shall recognize the identity documents issued by the appropriate authorities of the other Party for members of the crew who are nationals of the State of this Party, and grant to the persons who possess these identity documents the rights mentioned in articles 10 and 11 of this Agreement on the conditions specified in them.

These identity documents are:

3. The provisions of articles 10 and 11 of this Agreement shall, as far as possible, apply to any person who is not a national of the Russian Federation or the Hellenic Republic and possesses an identity document other than those referred to in paragraph 2 of this article.

2. While landing and returning to the vessel the persons mentioned above shall be subject to frontier and customs control in force in that port.

1. Holders of the seaman's identity documents specified in article 9 of this Agreement shall be permitted to enter or leave the territory of the State of the other Party or to pass through it in transit as passengers by any means of transport for the purpose of joining their vessel or transferring to another vessel or for repatriation or for any other purpose approved by the authorities of this other Party.

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

3. In the case of a holder of the seaman's identity document specified in article 9 of this Agreement not being a national of the Russian Federation or the Hellenic Republic, the visa specified in this article for entry into or transit passage through the territory of the State of the other Party shall be granted, provided that return to the territory of the State of the Party which has issued the seaman's identity document is guaranteed to the holder of such a document.

1. Subject to the provisions of articles 9 — 11 of this Agreement the regulations in respect of entry, stay and departure of foreigners are kept fully in force in the territories of the States of the Parties.

2. Each Party reserves the right to deny entry into the territory of its State to seamen whom it considers undesirable.

Shipowners of either of the Parties may employ on board their vessels flying the flag of the State of one of the Parties qualified seafarers who are nationals of the State of the other Party in accordance with the national legislation of the flag State.

(b) the offence is of a kind to disturb the public order or security of that State; or

(c) the offence has been committed by a national or against a national of the State in the territory of which the vessel is staying; or

(d) the offence has been committed against any person who is not a member of the crew of that vessel; or

(e) the prosecution is necessary for the suppression of illicit traffic in narcotic drugs or psychotropic substances.

2. In the cases provided for in paragraph 1 of this article, the authorities of the coastal State shall notify on request of the master of the vessel the competent diplomatic or consular official of the flag State before taking any steps and shall facilitate contact between such official and the crew members. In cases of emergency, this notification may be communicated while the measures are being taken.

The judicial authorities of either of the Parties shall not undertake any civil proceedings related to a contract of employment of a crew member of a vessel of the other Party, unless they are so requested by the competent diplomatic or consular official of this other Party.

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

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

5. Nothing in this article shall affect the right of any physical or juridical person to claim for compensation for any actions taken for the salvage of the vessel or any assistance provided to the vessel, the crew, the passengers and the cargo.

1. For ensuring the effective implementation of this Agreement and carrying out consultations on main issues of mutual relations in the field of maritime transportation the Parties shall establish a Joint Commission, which shall meet at the request of either of the Parties.

Apart from the work of supervising the application of this Agreement, the Joint Commission will have the right to make recommendations to the competent authorities of the Parties.

Any disputes concerning the interpretation or application of this Agreement shall be settled by direct negotiations between the competent authorities of the Parties.

In case no agreement is reached the disputes shall be settled through diplomatic channels.

1. Each Party shall notify through diplomatic channels the other Party upon the completion of the internal procedures necessary for the entry into force of this Agreement.

The Agreement shall enter into force thirty days following the date of the last notification.

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