Trade areas NIS ships

  • Published: 08/01/2016

Changes in trade areas for ships in the NIS. For ships engaged in costal trade and for passenger ships, the changes came into force on 1 January 2016. For Vessels and mobile offshore units in the petroleum activity, the amendments came into force on 1 March 2016. See the complete regulations below the index.

From the photo contest for seafarers
PHOTO: Fotokonkurransen for sjøfolk

Softening up of the trade areas for ships in the NIS

For ships engaged in costal trade and for passenger ships, the changes came into force on 1 January 2016. 
For Vessels and mobile offshore units in the petroleum activity, the amendments came into force on 1 March 2016

  • Cargo ships are now permitted to carry cargo between ports on Svalbard and between Svalbard and the mainland
  • Cargo ships where a significant part of the ship’s activities takes place outside of Norwegian waters are permitted to carry cargo between Norwegian ports as a part of a regular route between a Norwegian and a foreign port or as carriage of petroleum in bulk from a unit on the Norwegian continental shelf or occasionally for up to 3 months. The Norwegian Maritime Authority controls that the conditions are satisfied.
  • Extension of trade area for special cargo ships: In addition to the trade area extension above, cargo ships constructed or equipped to carry special types of cargo are permitted to carry such cargo between Norwegian ports when the ship is en route to or from a foreign port and the carriage does not form part of a regular scheduled service. The master must be a Norwegian national or a national of an EEA country. It is a condition that such carriage leads to a rational utilization of the tonnage available, and does not involve undesirable consequences for ships registered in the Norwegian Ordinary Ship Register.
  • Construction vessels are permitted to trade between Norwegian ports, including on the Norwegian continental shelf.
    Construction vessel means any vessel engaged in construction activities, subsea operations, pipe-laying or maintenance of units.

The changes in trade areas for vessels in the NIS are connected to the strengthening of the current subsidy for employment of seafarers both for NIS and NOR ships in that, according to various models, the company will receive grants for payment of advanced tax deduction, social security contributions and payroll taxes.

Cargo ships

Regulations of 11 August 1989 No. 802 on trade area for cargo ships registered in the Norwegian International Ship Register (NIS) – with amendments in force as of 1 January 2016

Chapter I General provisions

Chapter heading added by Regulation of 8 October 2015 No. 1170 (entry into force on 1 January 2016).

Section 1 Application

These Regulations apply to cargo ships registered in the Norwegian International Ship Register, except vessels subject to the Regulations of 30 June 1987 No. 579 on special trade areas for vessels and mobile offshore units engaged in the petroleum activity and registered in the Norwegian International Ship Register.

Added by Regulation of 8 October 2015 No. 1170 (entry into force on 1 January 2016).

Section 2 Svalbard

Ships to which these Regulations apply are permitted to carry cargo between ports on Svalbard and between Svalbard and the mainland, irrespective of the provisions of chapter II.

Added by Regulation of 8 October 2015 No. 1170 (entry into force on 1 January 2016).

Chapter II Extended trade area for cargo ships registered in the Norwegian International Ship Register

Chapter heading added by Regulation of 8 October 2015 No. 1170 (entry into force on 1 January 2016), amended by Regulation of 17 December 2015 No. 1735 (in force on 1 January 2016).

Section 3 Extension of trade area for cargo ships

Cargo ships where a significant part of the ship’s activities takes place outside of Norwegian waters are permitted to carry cargo between Norwegian ports when this is carried out:

a) as part of a regular route between a Norwegian and a foreign port; or

b) as carriage of petroleum1 in bulk from a unit on the Norwegian continental shelf; or

c) occasionally for up to 3 months.

The Norwegian Maritime Authority controls that the conditions are satisfied.

Amended by Regulations of 8 October 2015 No. 1170 (entry into force on 1 January 2016), 17 December 2015 No. 1735 (in force on 1 January 2016).

1 Cf. section 1-6a of the Petroleum Act.

Section 4 Extension of trade area for special cargo ships

In addition to the trade area extension pursuant to section 3, cargo ships constructed or equipped to carry special types of cargo are permitted to carry such cargo between Norwegian ports when the ship is en route to or from a foreign port and the carriage does not form part of a regular scheduled service. The master must be a Norwegian national or a national of an EEA country. It is a condition that such carriage leads to a rational utilization of the tonnage available, and does not involve undesirable consequences for ships registered in the Norwegian Ordinary Ship Register.

A ship is considered to be en route to or from a foreign port also when carrying cargo between Norwegian ports as well as to a port to unload cargo from another country and a port to take aboard cargo from another country.

A ship may not carry cargo between Norwegian ports pursuant to these Regulations until the Norwegian Maritime Authority has announced that the ship has been entered on the list referred to in section 5.

Amended by Regulations of 8 October 2015 No. 1170 (entry into force on 1 January 2016), 17 December 2015 No. 1735 (in force on 1 January 2016).

Section 5 List of special cargo ships which may carry cargo between Norwegian ports

The Norwegian Maritime Authority shall keep a list of special cargo ships which may carry cargo between Norwegian ports in accordance with section 4. Entry on the list will be made when

– no substantiated objections have been made within the time-limit set by the Norwegian Maritime Authority, to the effect that the conditions of section 4 first paragraph last sentence have not been met;

– the ship has not previously, under the same owner, been used in violation of section 4 of the Act or the provisions of these Regulations; and

– the Norwegian Maritime Authority otherwise finds the conditions to be satisfied.

The list shall specify the period of time and the ports for loading and unloading in regard to which the ship has a trade area different from that permitted by section 4 first paragraph of the Act and also the type of cargo the ship carries in this trade area.

Ships entered on the list shall be deleted when a change of ownership takes place or when they no longer meet the conditions for entry, or when they have been used in violation of section 4 of the Act or the provisions of these Regulations.

Amended by Regulations of 8 October 2015 No. 1170 (entry into force on 1 January 2016, previously section 3), 17 December 2015 No. 1735 (in force on 1 January 2016).

Section 6 Procedure for entry on the list

In order that a ship may be entered on the list referred to in section 5, the Norwegian Maritime Authority must have received information which shows that the conditions of section 4 first paragraph have been met, and which is required for entry on the list.

Entries on the list shall be submitted to the organisations of the shipping industry for comments. The same applies to subsequent deletion from the list in accordance with the second and third deletion alternatives of section 5 third paragraph.

The Norwegian Maritime Authority will issue further guidelines for the procedure for entry on the list.

Amended by Regulations of 8 October 2015 No. 1170 (entry into force on 1 January 2016, previously section 4), 17 December 2015 No. 1735 (in force on 1 January 2016).

Chapter III Penalty and entry into force

Chapter heading added by Regulation of 8 October 2015 No. 1170 (entry into force on 1 January 2016), heading amended by Regulation of 17 December 2015 No. 1735 (in force on 1 January 2016).

Section 7 Penalties

Any person who wilfully or through gross negligence violates the provisions of these Regulations shall be liable to fines pursuant to section 11 of the Act of 12 June 1987 No. 48 relating to a Norwegian International Ship Register, unless a more severe penalty is applicable pursuant to other statutory provisions.

In the event of any violation the Ministry concerned may order that the ship be deleted from the register, cf. section 12 second paragraph of the Act of 12 June 1987 No. 48.

Amended by Regulations of 8 October 2015 No. 1170 (entry into force on 1 January 2016, previously section 5), 17 December 2015 No. 1735 (in force on 1 January 2016).

 

Passenger ships

Regulations of 9 July 1993 No. 596 on trade area for passenger ships registered in the Norwegian International Ship Register (NIS) – with amendments in force per 1 January 2016

Chapter I General provisions

Section 1 Application

These Regulations apply to passenger ships registered in the Norwegian International Ship Register.

Added by Regulation of 27 March 2015 No. 309.

Section 2 Svalbard

Ships to which these Regulations apply are permitted to carry passengers between ports on Svalbard, between Svalbard and the mainland, and on a regular service between Svalbard and a foreign port, irrespective of the provisions of chapter II.

Added by Regulation of 8 October 2015 No. 1169 (in force on 1 January 2016).

Section 3 Prohibition on passenger trade between certain states

Ships registered in the Norwegian International Ship Register are not permitted to carry passengers in regular service between Nordic countries. The prohibition applies to any such passenger trade, including seasonal trade, between Denmark, Finland, Iceland and Sweden.

Amended by Regulations of 27 March 2015 No. 309 (previously section 1), 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 2).

Section 4 Modification of the trade area restriction

The Ministry of Trade, Industry and Fisheries may by means of regulations modify the trade area restriction set out in section 3 if a distortion of competition to the disadvantage of ships registered in the Norwegian Ordinary Ship Register is considered to occur, and the distortion of competition is considered to be the result of measures taken or competition distorting arrangements established by other States.

Amended by Regulations of 1 January 2014 No. 238, 27 March 2015 No. 309 (previously section 2), 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 3).

Chapter II Special provisions for cruise ships registered in the Norwegian International Ship Register

Heading added by Regulation of 27 March 2015 No. 309.

Section 5 Application

This Chapter applies to cruise ships registered in the Norwegian International Ship Register.

Added by Regulation of 27 March 2015 No. 309, amended by Regulation of 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 4).

Section 6  Definition

For the purpose of these Regulations, "cruise ship" means a passenger ship having cabin capacity for all passengers on board and sailing with a specified itinerary and excursion programme. The ship's itinerary must include at least one overnight trip and be of at least 24 hours' duration.

Added by Regulation of 27 March 2015 No. 309, amended by Regulation of 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 5).

Section 7 Conditions for carrying passengers between Norwegian and foreign ports

a. A cruise ship to which this chapter applies is permitted to carry passengers between Norwegian ports if it calls at at least two foreign ports in total before or after calling at one or more Norwegian ports.

b. It is not possible for passengers to purchase tickets between Norwegian ports only.

c. Passengers may embark or disembark the cruise ship in a Norwegian port if their ticket includes calls at at least two foreign ports.

Added by Regulation of 27 March 2015 No. 309, amended by Regulation of 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 6).

Chapter III Penalty and entry into force

Heading added by Regulation of 27 March 2015 No. 309.

Section 8 Penal measures etc.

Wilful violation of these Regulations is punishable by fines pursuant to section 11 of Act No. 48 of 12 June 1987 unless a more severe penalty is applicable under any other statutory provision. If an offence has been committed by anyone acting on behalf of the company or partnership referred to in section 11 of the Act, a fine may be imposed on the enterprise as such.

In the event of violations the Ministry of Trade, Industry and Fisheries may decide that the ship is to be deleted from the register, cf. section 12 second paragraph of Act No. 48 of 12 June 1987.

Amended by Regulation of 1 January 2014 No. 238, 27 March 2015 No. 309 (previously section 3), 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 7).

Section 9 Entry into force

These Regulations enter into force on 1 September 1993.

Amended by Regulation of 27 March 2015 No. 309 (previously section 4), 8 October 2015 No. 1169 (in force on 1 January 2016, previously section 8).

 

Vessels and mobile offshore units in the petroleum activity

Regulations of 30 June 1987 No. 579 on special trade areas for vessels and mobile offshore units in the petroleum activity registered in the NIS vessels and mobile offshore units in the petroleum activity – with amendments in force as of 1 March 2016.

Section 1 Definitions

For the purpose of these Regulations, ship means vessels and mobile offshore units engaged in the petroleum activity, such as supply vessels, standby vessels, drilling platforms and other mobile offshore units.

Section 2 Application

These Regulations shall apply to vessels and mobile offshore units engaged in the petroleum activity as referred to in section 1. These regulations do not apply to seismic vessels.

Regulations of 4 November 1981 on trade areas shall not apply to ships to which these Regulations are applicable.

Section 3 Trade area. Trade permit

Ships to which these Regulations apply, shall be assigned a trade area which excludes trade between Norwegian ports. For the purpose of these Regulations, the expression Norwegian port shall include any installation for oil and/or gas activities on the Norwegian Continental Shelf. Applications for trade areas shall be submitted to the Norwegian Maritime Authority.

A permit to engage in trade on the Norwegian Continental Shelf may in exceptional cases be granted to special types of vessel for special voyages upon submission of the application to the Ministry of Trade, Industry and Fisheries.

Amended by Regulations of 6 November 2002 No. 1262 (in force on 1 December 2002), 1 January 2014 No. 238.

Section 4 Penalty

Wilful or negligent violation of these Regulations or decisions made in pursuance of these Regulations will be punished by fines in accordance with section 339 subsection 2 of the General Civil Penal Code of 22 May 1902 No. 10, provided no stricter penalty is applicable pursuant to any other statutory provision.

In the case of violations, the Ministry may decide that the ship shall be deleted from the Register, cf. section 12 second paragraph of the Act relating to a Norwegian International Ship Register.

Section 5 Entry into force

These Regulations enter into force on 1 July 1987.

 

 

 

 

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