Статья 22«Соглашение между Правительством Российской Федерации и Правительством Республики Кипр по морскому транспорту» [рус., англ.]

С даты вступления в силу настоящего Соглашения Соглашение между Правительством Союза Советских Социалистических Республик и Правительством Республики Кипр о торговом судоходстве, подписанное в Москве 12 июня 1985 года, прекращает свое действие в отношениях между Российской Федерацией и Республикой Кипр.

Совершено в Москве 24 октября 2017 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 AND THE GOVERNMENT OF THE REPUBLIC OF CYPRUS ON MARITIME TRANSPORT

(Moscow, 24.X.2017)

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

Desiring to develop friendly relations between the two States and to enhance their cooperation in the field of maritime transport on the basis of the principles of equality and mutual benefit,

Have agreed as follows:

The aims of this Agreement are to:

• regulate and develop the relations between the two States in the field of maritime transport;
• ensure effective coordination in the field of shipping;
• contribute to the general development of commercial and economic relations between the two States through further strengthening of their cooperation in the field of maritime transport.

The terms used in this Agreement mean the following:

• «vessel of a Party» — any vessel registered in the register of ships of the relevant State of the Party and flying the flag of that State in accordance with its legislation.

This term shall not, however, include:

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

fishing vessels;

hydrographic, oceanographic and scientific research vessels;

sport and pleasure vessels;

• «crew member» — the master and any other person, actually employed for duties on board during a voyage in the working or service of a vessel and included in the crew list;
• «shipping enterprise» — an organization operating vessels engaged in international maritime traffic, which is established in accordance with the legislation of the State of the Party and has its seat in the territory of that State;
• «port» — a seaport, including inner roadsteads, in the territory of the State of the Party, open to international shipping or open to the entry of foreign vessels.

1. The competent authorities of the Parties which shall be responsible for the implementation of this Agreement are:

• in the Russian Federation — the Ministry of Transport of the Russian Federation,
• in the Republic of Cyprus — the Ministry of Transport, Communications and Works.

2. In case the competent authorities are changed the Parties shall notify each other in writing through diplomatic channels.

The Parties maintain and develop cooperation between the competent authorities, in particular, by carrying out mutual consultations and exchange of information. The Parties also encourage development of contacts between the respective shipping enterprises and shipping-related organizations of both States.

The cooperation shall be effected, in particular, the following main aspects:

• to make full and effective use of the maritime fleet and ports of both States,
• to ensure maritime safety, including the safety of vessels, members of the crew, cargo and passengers,
• to protect the marine environment,
• to increase contacts and exchange of experience in the field of maritime transport economics, science and technology;
• to organize consultations related to the activities of international organizations engaged in merchant shipping matters.

1. The Parties support the participation of vessels of a Party in cargo transportation in bilateral trade and especially encourage the establishment of joint shipping liner services to this end.

2. The Parties shall not hinder the participation of the vessels of a Party in sea-borne trade between the ports of the State of the other Party and the ports of third States.

3. The provisions of this Article shall not affect the right of the vessels of third States to participate in sea-borne trade between the ports of the States of the Parties.

1. Each Party shall afford to the vessels of the other Party the same treatment as it affords to its own vessels engaged in international voyages in respect of free access to ports, use of ports for loading and unloading of cargoes, embarking and disembarking of passengers, payment of related dues and charges, and use of services intended for navigation.

2. The provisions of paragraph 1 of this Article shall not:

• apply to ports closed to international shipping;
• apply to ports not open to the entry of foreign vessels;
• apply to cabotage and to other activities reserved by each of the Parties;
• oblige a Party to extend to vessels of the other Party exemptions from compulsory pilotage requirements granted to its own vessels;
• affect the regulations concerning the entry, stay and departure of foreigners.

1. Notwithstanding the provisions of this Agreement:

a) vessels of a Party shall not enter a port of the State of the other Party, closed to international shipping by the latter Party;

b) both Parties shall do their utmost with regard to their shipping enterprises which are operating or chartering vessels flying the flag of a State other than a State of the Parties, to ascertain that such vessels shall not enter a port of the State of the other Party, closed to international shipping by the latter Party.

2. For the cases provided in subparagraphs «a» and «b» of paragraph 1 of this Article, the parties shall inform each other on the relevant actions taken.

The Parties shall encourage:

a) cooperation and exchange of technologies in the field of shipbuilding and ship repair;

b) cooperation in the field of professional training of merchant marine and port personnel.

The Parties shall adopt, within the framework of the national legislation and port regulations of their States, the appropriate measures to reduce unnecessary delays to vessels in the ports of their States and simplify the carrying out of administrative, customs and health formalities in force in those ports.

1. The documents certifying the nationality of vessels, certificates of tonnage and other ship's documents issued or recognized by one of the Parties shall be recognized by the other Party.

2. The vessels of each of the Parties bearing international tonnage certificates, issued in accordance with the International Convention on Tonnage Measurement of Ships, 1969 shall not be subject to re-measuring of tonnage in the ports of the State of the other Party.

Each Party shall recognize the documents certifying the seafarer's identity issued by the appropriate authorities of the other Party in accordance with the legislation of its State and shall grant the holders of such documents the rights referred to in Articles 12 and 13 of this Agreement on the conditions stipulated therein.

These identity documents are:

for the Russian Federation — the passport of a citizen of the Russian Federation certifying the identity of a citizen of the Russian Federation outside the territory of the Russian Federation and the Seafarer's Identity Document.

for the Republic of Cyprus:

a) in the case of a Cypriot national, the Seafarer's Identification and Sea Service

Record Book and the Passport issued by the Republic of Cyprus;

b) in the case of a non-Cypriot national, the Seafarer's Identification and Sea Service Record Book and the Passport issued by the country of his/her nationality.

Crew members of the vessel of one Party holding the identity documents referred to in Article 11 of this Agreement may go ashore and stay for temporary shore leave without visas during the stay of their vessel in a port of the State of the other Party provided the master had submitted the crew list to the competent local authorities. While going ashore and on returning on board the vessel the persons mentioned above are subject to the established frontier and customs controls.

1. Holders of the identity documents referred to in Article 11 of this Agreement shall be entitled, irrespective of the means of transportation used, to enter or pass in transit the territory of the State of the other Party to join their vessel, to be transferred on board another vessel, to return to their own State or to travel for any other purpose approved by the authorities of the other Party, subject to completion of the appropriate entry and exit procedures of that Party.

In such cases, if according to the legislation of the State of the respective Party visas are required they shall be granted within the short possible time.

2. If the holder of the identity document referred to in Article 11 of this Agreement is not a national of the State of either Party, the visas specified in paragraph 1 of this Article shall be granted provided that return to the territory of the State of the Party, which had issued the identity document is guaranteed to the holder.

3. Where a crew member, holding the identity document referred to in Article 11 of this Agreement is disembarked at a port of the State of the Party for health reasons or for other reasons recognized as valid by the appropriate authorities, the latter shall permit the person concerned to remain in the territory of its State and to return to his country of origin or proceed to another port of embarkation by any means of transportation.

4. Without prejudice to the provisions of Article 11 of this Agreement and also paragraphs 1 — 3 of this Article the provisions in force in the territories of the States of the Parties relating to entry, stay and departure of foreigners shall remain applicable.

5. Each Party reserves the right to deny entry to the territory of its State to any person possessing the identity document referred to in Article 11 of this Agreement whom it considers undesirable.

Qualified seafarers who are nationals of the State of one Party may be employed on board of a vessel of the other Party and such employment will be in accordance with the legislation of that other Party, subject to national restrictions.

1. If a vessel of one of the Parties suffers shipwreck, runs aground, is cast ashore or suffers any other accident in the internal waters or territorial sea of the State of the other Party, the vessel shall enjoy in the territory of that State the same assistance/support which is accorded to its national vessels.

2. The crew, passengers and the cargo on board the vessel referred to in paragraph 1 of this Article shall be granted at any time help and assistance to the same extent as in the case of a national vessel.

3. The cargo and articles unloaded or saved from the vessel referred to 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 where the marine casualty occurred, shall not be liable to any customs duties. However, such cargo and articles shall be subject to customs control.

The vessels of each Party shall take all necessary measures to prevent environmental damage within the territory of the State of the other Party in accordance with the relevant international regulations and the legislation of the State of that other Party.

1. Each Party shall, in accordance with the legislation of its State, assist in establishing in the territory of its State representative offices of the shipping enterprises of the other Party.

2. The access on board the vessel of a Party of authorized representatives of the State of one Party, as well as representatives of shipping enterprises of the State of that Party operating vessels of the Party when in a port of the State of the other Party, shall be facilitated and granted in accordance with the legislation of the port's State, where the vessel is lying.

For the purpose of ensuring the effective implementation of this Agreement and considering any matters of mutual interest in the field of merchant shipping an ad hoc Joint Maritime Committee may be set up composed of the representatives appointed by the competent authorities of the Parties.

The Committee is convened at the request of any Party at a mutually agreed place.

The provisions of this Agreement shall not affect the rights and obligations of the Parties arising from other international treaties to which either or both the Russian Federation and the Republic of Cyprus are parties, as well as from their membership to international organizations, particularly regional economic integration organizations.

Any dispute between the Parties relating to the interpretation or application of this Agreement shall be settled by direct negotiations between the competent authorities of the Parties in a spirit of mutual understanding. If the said authorities fail to reach an agreement the dispute shall be settled through diplomatic channels.

1. This Agreement shall enter into force on the 30th day after the date of the receipt of the last written notification through diplomatic channels confirming completion by the Parties of the internal procedures necessary for it's entry into force.

2. This Agreement remains in force for an indefinite period and may be terminated by either Party by submitting written notification to the other Party through diplomatic channels. In that case the Agreement shall be terminated six months after the date of receipt of such notification by the other Party.

From the date of the entry into force of this Agreement, the Agreement between the Government of the Union of Soviet Socialist Republics and the Government of the Republic of Cyprus on merchant shipping signed in Moscow on June 12, 1985 shall cease to be effective and be terminated in the relations between the Russian Federation and the Republic of Cyprus

Done at Moscow on October 24, 2017 in two originals, each in the Russian, Greek and English languages, all texts being equally authentic. In case of divergence of interpretation, the English text shall prevail.

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