The Federal Law of Shipping on the Water Area of the Northern Sea Route

Unofficial translation

The Federal Law of July 28, 2012, N 132-FZ " On Amendments to Certain Legislative Acts of the Russian Federation Concerning State Regulation of Merchant Shipping on the Water Area of the Northern Sea Route"

Adopted by the State Duma on July 3, 2012

Approved by the Federation Council on July 18, 2012

Article 1

To supplement paragraph 1, article 4 of the Federal Law of August 17, 1995, N 147-FZ "On Natural Monopolies" (Code of Laws of the Russian Federation, 1995, N 34, art. 3426; 2003, N 2, art. 168; N 13, art. 1181; 2006, N 1, art. 10; 2007, N 46, art. 5557; 2011, N 29, art. 4281; N 50, art. 7343) with the following paragraph:

"icebreaker support, ice pilotage of vessels in the area of the Northern Sea Route.".

Article 2

To set out article 14 of the Federal Law of July 31, 1998 N 155-FZ "On Internal Sea Waters, Territorial Sea and Contiguous Zone of the Russian Federation" (Code of Laws of the Russian Federation, 1998, N 31, art. 3833; 2008, N 30, art. 3616) as follows:

"Article 14. Navigation in the area of the Northern Sea Route

Navigation in the area of the Northern Sea Route, a historically developed national transport communication of the Russian Federation, is carried out according to generally recognized principles and norms of international law, international treaties of the Russian Federation, the present Federal Law, other federal laws and other normative legal acts issued in accordance to them".

Article 3

To amend the Merchant Shipping Code of the Russian Federation (Code of Laws of the Russian Federation, 1999, N 18, art. 2207; 2001, N 22, art. 2125; 2005, N 52, art. 5581; 2006, N 50, art. 5279; 2007, N 46, art. 5557; N 50, art. 6246; 2011, N 25, art. 3534; N 30, art. 4590; 2012, N 18, art. 2128) as follows:

1) in paragraph fifth, article 2, after the word "pilotage" insert the words "ice pilotage";

2) in paragraph 4 article 5:

a) in the first part, the word of "lines” replace with the word "area";

b) in the second part, the words "on the lines" replace with the words "in the area";

3) to include article 5.1 as follows:

"Article 5.1. Navigation in the area of the Northern Sea Route.

1. The area of the Northern Sea Route means a water area adjoining the northern coast of the Russian Federation, including internal sea waters, territorial sea, contiguous zone and exclusive economic zone of the Russian Federation, and limited in the East by the line delimitating the sea areas with the United States of America and by the parallel of the Dezhnev Cape in the Bering Strait; in the West, by the meridian of the Cape Zhelanie to the Novaya Zemlya archipelago, by the east coastal line of the Novaya Zemlya archipelago and the western limits of the Matochkin Shar, Kara Gates, Yugorski Shar Straits.

2. Navigation rules in the area of the Northern Sea Route adopted by the federal executive organ authorized by the Government of the Russian Federation are applied with a view of ensuring safety of navigation and prevention, reduction and monitoring pollution of the marine environment from vessels, include:

1) the order of administration of shipping in the area of the Northern Sea Route;

2) rules on icebreaker support in the area of the Northern Sea Route;

3) rules on ice pilotage in the area of the Northern Sea Route;

4) rules on pilotage along the lines in the area of `Northern Sea Route;

5) regulation on navigation-hydrographic and hydro-meteorological maintenance of shipping in the area of the Northern Sea Route;

6) rules of radio communication at shipping in the area of the Northern Sea Route;

7) other provisions relating to administration of shipping in the area of the Northern Sea Route.

3. Administration of shipping in the area of the Northern Sea Route is carried out by the administration of the Northern Sea Route established in the form of a federal public agency and carrying out the following basic functions:

1) receipt of applications for shipping permits in the area of the Northern Sea Route, consideration of such permits and issue of permits for shipping in the area of the Northern Sea Route;

2) monitoring hydro-meteorological, ice and navigation conditions in the area of the Northern Sea Route;

3) coordination of installation of navigation equipment and areas of carrying out hydrographic works in the area of the Northern Sea Route;

4) providing information services (relating to the area of the Northern Sea Route) in the sphere of administration of shipping, requirements for ensuring safety of shipping, navigation-hydrographic maintenance of shipping, ensuring icebreaker pilotage of vessels;

5) developing recommendations for drafting shipping routes and using vessels of the icebreaking fleet in the area of the Northern Sea Route taking into account hydro-meteorological, ice and navigation conditions in the above area;

6) assistance in the organization of carrying out search and rescue operations in the area of the Northern Sea Route;

7) certification of persons carrying out ice pilotage, concerning the right of ice pilotage of vessels in the area of the Northern Sea Route;

8) assistance in carrying out operations on liquidation of consequences of pollution from vessels by dangerous and harmful substances, sewage or garbage.

4. The issue of permits for shipping in the area of the Northern Sea Route provided for by subparagraph 1, paragraph 3 of this article is carried out subject to the performance by a vessel of requirements concerning safety of navigation and protection of marine environment against pollution from vessels (relating to the area of the Northern Sea Route) and established by international treaties of the Russian Federation, legislation of the Russian Federation, shipping regulations in the area of the Northern Sea Route, specified in paragraph 2 of this article, and submission of documents certifying the possession of insurance or another financial security of civil liability from pollution or other damage caused by a vessel, established under international treaties of the Russian Federation, legislation of the Russian Federation.

5. The amount of icebreaker pilotage fees, ice pilotage in the area of the Northern Sea Route is determined according to the legislation of the Russian Federation on natural monopolies with due account of capacity of a vessel, its ice class, distance of pilotage and navigation period.

Payment of icebreaker pilotage fees, ice pilotage in the area of the Northern Sea Route is carried out proceeding from the volume of actually rendered services";

4) to supplement paragraph 1, article 79 with the words "including the documents certifying the possession of insurance or another financial security of civil liability from pollution or other damage caused by a vessel, established under international treaties of the Russian Federation, legislation of the Russian Federation";

5) to supplement paragraph 1, article 107 with the words "and also to lifting, removal and destruction of the property, which has sunk in the area of the Northern Sea Route ";

6) To draft article 247 as follows:

"Article 247. Application of rules established by this chapter

1. The rules established by this chapter, are applied subject to an agreement of the parties to the contrary. In the cases directly specified in this chapter, the agreement of the parties mismatching the rules established by this chapter, is void.

2. The rules established by this chapter are applied also in relation to vessels navigating in the area of the Northern Sea Route ";

7) to insert the words "and foreign vessels” in paragraph 3, article 249 after the words "the international register of vessels".

Article 4

The present Federal law enters into force following one hundred eighty days after the day of its official publication.

President of the Russian Federation

V. Putin

Moscow, Kremlin

July 28, 2012

N 132-FZ