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Jordan Maritime Law
قانون النقل متعدد الوسائط
قانون معدل لقانون الجمارك رقم33
المواد المعدلة بقانون الجمارك 2018
Article (1)
These regulations shall be cited as (The Ports Corporation Services Charges Regulations of the year 1987), and shall come into effect on the date of their publication in the official Gazette.
Article (2)
The following words and expressions wherever used in’ these regulations shall have the meaning assigned thereto hereunder unless the context indicates otherwise:
- The Corporation the Ports Corporation.
- The Board the Board of Directors of the Corporation.
- The Chairman the Chairman of the Board.
- The Director General ‘Re Director General of the Corporation.
- The Port Aqaba’ Port.
- The Ship’s Agent The significant or normal person, who is licensed by the competent official parties to handle the shipping agency business, and who is appointed by the ship operators, including ship owners or chartered to act as its agent in the kingdom, in taking delivery of the cargo from the ship, and to deliver same to the competent officers of the corporation in the Port , in accordance with the applicable rules , instructions , and decisions.
- The Net Registered This is the figure indicating the volume capacity of the ships Tonnage (NRT), measured according to the rules in the (Lloyd’s Register) in respect of ship registration, or any other similar international registers. The ship’s tonnage shall be the figure shown in the specifications of the ship as recorded in its papers, in the Lloyd’s Register or any other similar international register.
- Pilotage The navigation of the ship from the limits of the Jordanian territorial waters to the anchorage area, or berth, or on her exiting from port.
- Wharfage (Berthing) Berthing or tying the floating ship, including lighters alongside the berth of any pail of the land.
- Discharging the offloading of cargo from the ship to the port’s berths or onto lighters, by any means.
- Lighterage Receiving the cargo from ship’s derricks or by any other means onto the lighters or on the quay and releasing the goods from the tackle and stowing them on the lighters, or on the quay and moving the lighters alongside the berth, and lifting the goods from the lighters, and stowing them on the quay with a distance not exceeding twenty meters from the edge of the quay, or delivering the cargo from the quays onto the lighters, and stowing it on the lighters, and moving the lighters to alongside the ship , and placing the goods under the ship’s tackle , and engaging them to the ship’s tackle for stowing operations.
- Loading on Ships Loading of goods by any means onto the ships, from berths or lighters.
- Porterage Transporting the goods from the berths to inside or outside the warehouses, and stowing them within the Corporation’s areas and subsequently loading same from their place onto trucks.
Article (3)
Pilotage and towage charges shall be charged by the corporation from the ship agent, according to Article No. (4) Of these regulations for all the ships entering the port, and both services (pilotage and towage) are compulsory for all ships, However pilotage shall not be considered obligatory for ships leaving the port unless they were berthed alongside one of the wharfs in the port.
Article (4)
- With due consideration to what has been stated in the other items of this article, pilotage fees shall be charged on each operation to enter the ship its place at anchorage area , or at berth , or departing the ship from either , according to table No. (1) appended to these regulations .
- An additional charge of 30% to be added to the above pilotage fees stated in para (a) if pilotage operation is effected in any of the following cases:
- If pilotage service is rendered between 1800 hours and 0600 hours.
- If the vessel changes the place of her anchorage or wharfage upon the request of the Master or her agent.
- A sum of JD 40. – (Forty) for every additional hour or part thereof which the pilot spends on board ship , after the first hour of his boarding , provided the cause of the delay is related to the ship.
- A sum of JD 20. – (Twenty) to be charged in case the pilot board a ship departing the port , upon the request of the master or agents , and is informed that his services are not required.
- A sum of JD 50. – (Fifty) to be charged for every tug boat used per each in or out operation if the ship’s engines are running and if operation doesn’t exceed one hour. In case operation exceeds one hour a sum of JD. 50. – (Fifty) on every hour or part thereof is to be charged. The equivalent of double these two amounts is to be charged in case the engines of the ship are not cunning.
- Pilotage and towage fees are not to be charged in case a ship is shifted from her anchorage or from one berth to another, upon the request of the Corporation.
- A sum of JD. 1000. – (One Thousand) per hour or part thereof to be charged for one tug boat services, if used for salvage of any ship and the amount charged is doubled in case it is not possible to operate the ship’s engines.
Article (5)
The mooring operation of a ship is considered completed from the time she casts her anchors into the sea, or when the first rope is tied to the quay, in case the vessel is alongside berth .
The unmooring operation from the port is also considered completed as soon as the anchor is heaved up from the sea, or as soon as the last rope is detached out of the quay ,in case vessel is berthed alongside.
Article (6)
The following are exempted from pilotage and towing fees:
- Naval ships.
- Boats and yachts used for pleasure and not for any conunercial business with a maximum capacity of fifty NRT. Pilotage and towage are only charged. if these services are requested by the master.
Article (7)
A sum of (60) Sixty fils shall be charged by the Corporation as port entrance fees from the ship agent for every ton of the NRT of the ship entering the port area to load or discharge cargo or to embark or disembark passengers.
Article (8)
The Corporation shall charge the ship’s agent according to the appended table No. (2), against the services of “Vessel’s Wharfage” on the craft alongside port’s berths or any part of the land ; for every day or part thereof . The day shall be considered to commence from the first minute until 2400 hours.
- An additional 20% is to be added to the wharfage dues set out in item (a) of this article, for vessels or craft carrying inflammables and berthing alongside quay or any part of the land.
- The corporation shall charge a sum of JD 30.- (Thirty) for every operation tying ship’s ropes (mooring) to the berth or the land , or untying of ships ropes (unmooring) from berth or land . This fee is not to apply if berth changing is requested by the Corporation.
- Lash lighters used for loading and discharging imported cargo are exempt from wharfage services dues stated in Para (a) of this article , in case of berthing same to the berths of the port to discharge their cargo.
Article (9)
50% of the Wharfage Dues, mentioned in the appended table No. (2) of these regulations , shall be reduced for vessels working at anchorage ; same to be reduced for vessels carrying goods addressed to Aqaba Port, and cannot offload their cargo due to causes which the Corporation is not involved in.
Article (10)
Excluding Jordanian ships , the Corporation will charge the agent of ships at anchorage area , not carrying goods addressed to Aqaba Port, or having completed discharging their goods addressed to Aqaba the following charges:
- JD 50.- (Fifty) per day or part thereof for the first thirty days in case the vessel stays at anchorage area more than seven days after her anchoring or completion of discharging her cargo provided anchoring space within that period is available for her.
- JD. 250.- (Two Hundred & Fifty) per day or part thereof , if the vessel stays at anchorage area after the period stipulated in item (a) of this article.
Article (11)
The following ships shall be exempted from port entrance, anchoring and wharfage dues stipulated in these regulation:
- Naval Ships.
- Ships owned by the Government, which do not carry out any commercial activities.
- Boats, sailing boats, and yachts which are used for pleasure and not used for any commercial purposes, whose NRT is less than 50 tons, and which are not berthed alongside port’s berths.
Article (12)
10% of pilotage, port entrance, anchorage, and wharfage dues stated in these regulations will be reduced for all vessels flying the Jordanian flag, registered in Aqaba Port, and owned wholly by Jordanian persons, companies or corporations .
Article(13)
- The Corporation shall collect from the ship’s agent loading and discharging charges as per rates stated in Table No. (3) appended to these regulations , according to the particulars stated in ship’s manifest , to be increased by 40% of the charges if goods to be loaded or discharged are dangerous , explosive , or highly inflammable materials as per (IMO) classifications.
- When vessel is discharged or loaded during official Holidays or Fridays , at the request of the ship’s agent or her Master , the Corporation shall charge the agents in addition to the charges stated in item (a) of this article , the sum of JD 33.- (Thirty Three) per day per gang on the ship, excluding bulk carriers being discharged by labourers, where the Corporation shall collect JD.50.-(Fifty) per working gang on board the ship per day.
For the purposes of these regulations , every gang inside the hold of one vessel shall consist of:
- One (1) Foreman.
- Two (2) Winchmen.
- One (1) Clerk.
- Eight (8) Labourers.
In addition to the Supervisor and the Chief Tallyman
- The Corporation shall charge the agent for stoppages and waiting hours of the labourers on board the ship as per table no. (5) Appended to these regulations.
Article (14)
- 10% of discharging or loading charges to be reduced for palletized preslung cargo provided that the weight of a single consignment exceeds 50 tons stowed together in one location in ship’s holds, and to have all handling means or gear fixed with the pallets which should not be returned to the ship.
- 7% of discharging / loading charges to reduced, if the ship’s agent settle the vessel’s dues within (1 5) days from the day following completion date of loading or discharging the ship’s cargo.
Article (15)
The Corporation shall collect from the goods owners (consignees) Lighterage and Porterage services charges, as per Table No. (4) Appended to these regulations, to be charged on the gross weight of the goods as per ships manifest or as per invoices attached to customs formalities whichever is higher.
Article (16)
- With due consideration to the provisions of item (b) of this article , a reduction of 25% of Lighterage and Porterage shall be granted in any of the following cases:
- For all goods described under kind of goods (a) of the second category, and the goods stated under categories (3) and (6) of table No. (4) appended to these regulations, if arrived palletized, bundled or preslung provided that discharging gear is not separated therefore.
- Goods discharged directly from vessel onto trucks, or vice versa excluding bulk cargoes, and cargoes handled automatically.
- Goods imported directly by the Jordan Armed Forces, and not through contractors provided the shipping documents are addressed to the Jordan Armed Forces directly.
- Goods belonging to UNRWA and consigned in its name directly.
- It is not allowed to have more than one reduction of the reductions stated in item (a) of this article in any one case.
Article (17)
- The Corporation shall charge owners of goods (consignees) quay dues and storage services fees, as per table No. (4) appended to theses regulations, for all goods and containers stuffed with goods to be stripped on the port quays , or loaded from these quays , or stored in the warehouses , hangers and yards or any other area subject to the control of the Corporation , wherever it is , on basis of gross weight of the goods stated in the ship’s manifest , or in the invoices attached to the customs formalities , whichever is higher.
- With due consideration to the provisions of item (c) of this article the storage service charges for goods and containers stuffed with goods shall be charged for every day of the first (20) days following the free period stated in article (20) of these regulation as per Table No. (4) Appended to these regulation. If such period exceeds (20) days , the storage charges shall be levied as follow:
- An amount equal to the amount of the said storage charges shall be added in respect of every day of the twenty days following the first of twenty day period.
- An amount equal to double the said storage charges shall be added in respect of every day of the twenty days following the second twenty day period.
- An amount equal to ten times the said storage charges shall be added in respect of every day after the periods specified in subparagraphs (1 and 2) of this item.
- Total storage service charges on any goods may not exceeds 50% of their value as assessed by the Custom-ns Authorities excluding empty containers.
Article (18)
- The Corporation shall charge the ship’s agent the quay dues, and storage services on empty containers stored in the port area for reshipment purposes, as specified in table No. (4) Appended to these regulation.
- Empty containers are allowed to be stored for a period not exceeding (6 ) months., and in case ship’s agents fail to withdraw same from the port , the Corporation shall have the right to dispose them , or to sell them for its own benefit , against charges due on said containers.
Article (19)
Service charges accrued to the Corporation on the goods which are to be sold by public auction by the Customs Authorities will be charged as follows:
- If the proceeds of sale do not cover the customs fees, and other dues on the goods and Corporation’s accrued service charges, the proceeds of sale shall be apportioned on the basis of 75% for the account of fees and other dues, and 25% for the account of accrued Corporation’s service charges.
- The goods sold by public auction shall be exempted from storage services fees for 10 days from the date of their sale.
Article (20)
- Imported and exported goods and goods in transit shall be exempted from the charges of storage service fees for 10 days from the date of discharging the last package from the ship, or from the date of receipt of each consignment whichever is suitable to the Corporation.
- The exemption under item (a) of this article shall not apply to goods which are attached by the Customs Authorities in the yards of the port or to refrigerated goods.
Article (21)
Personal luggage accompanying passengers and provisions for the ships shall be exempted from warfare services dues stated in these regulations.
Article (22)
Goods are exempted from storage service fees for the period in which the delivery of such goods to their owners is delayed, if it is prove that the Corporation is the cause of this delay , and on condition that all formalities and procedures of drawing the goods were complete Such exemption should be given by recommendation of the Director General and approval of the Chairman.
Article (23)
The Board may on recommendation of the Director General reduce the accrued storage service fees due on any goods, in accordance with the provisions of these regulation, by an amount not exceeding 40% of the total fees; and the Council of Ministers may reduce the storage fees on a recommendation by the Minister to reduce such charges by a higher percentage , or to exempt it altogether in case the goods owners are unable to withdraw the goods from the port due to force major .
Article (24)
In accordance with the provisions of these regulation, the due quay dues and storage fees shall be reduced by 25% * for all transit goods. The Council of Ministers shall have the right to increase or decrease this percentage in circumstances calling therefore and according to the recommendation of the Board.
Article (25)
Due storage service fees shall be reduced by5O%in case goods is damaged while in the port. Other service dues should be collected from the owner of the goods (consignees) in full.
Article (26)
The Corporation shall collect from the ship’s agent or. Goods owner the charges of the other services stated in Table No. (5) Appended to these regulations, if the subject services are rendered upon his request in a special service outside the scope of Lighterage, Porterage, discharging and loading operations.
Article (27)
if bags are used in loading or discharging loose goods, the weight of these bags shall be added in an average of (11 per thousand) of the net weight of the cargo, and all service charges shall be levied in respect thereof.
Article (28)
any consignment to be sorted upon the request of its owners according to its measurements and specifications, shall be sorted by the Corporation at the expense of the importer.
* Amended according to Cabinet decisions published in the Official Gazette No. (4144) on August 17th, 1996.
Article (29)
The Council of Ministers, shall determine according to the recommendation of the board , storage and handling service fees for phosphate levied by the Corporation for every ton of phosphate loaded on the ships.
Article (30)
Weight ton is to be considered when applying these regulations as a chargeable unit for charging services and hire stated in these regulations. The fraction of 100 kilograms shall be considered as 100 Kgs for each Bill of Lading (B/L) .
Article (31)
- Weight of trucks on Corporation’s weighbridges is compulsory for all trucks entering the port for loading or discharging excluding trucks which the weighbridge is not capable of weighing.
- The Corporation shall levy fees on trucks entering the port for loading or discharging; for weighing and tarpaulin fastening services as per appended table No. (5) Concerning other services.
Article (32)
The Corporation shall collect JD 1.- (One) per Outturn Report or document or certificate extracted from its records or registers. Government Ministries, Departments, and official public enterprises shall be exempted from this charge.
Article (33)
Amounts collected in excess or erroneously shall be refunded to their owners directly by approval of the Director General.
Article (34)
- The Board shall determine the unstated services in these regulations On the basis of the service charges and wages prescribed in these regulations.
- Any cases which may arise and which are not covered by these regulations shall be referred to the Council of Ministers to take the appropriate decision as it may deem fit with respect thereto.
Article (35)
The Council of Ministers and in respect to the recommendations of the Board can amend the Fees and Dues mentioned in the tables appended to these regulations by increase or decrease, provide that such amendment to be published in the Official Gazette.
Article (36)
The Ports Corporation’s Services Charges Regulation No. (50) of the year 1984 , is hereby revoked.