462 - 04/06 - Unfair Penalties - Yuzhny, Ukraine

The Association has recently been advised of a series of unfair penalties imposed by local authorities at the port of Yuzhny, with a total demand on one ship of nearly US $27,000.

The master of the ship in question claims he received threats on a daily basis that fines would be imposed for unacceptable reasons, according to international standards and regulations. The master refused payment of the final penalty and the Member notified the Club. Once a local correspondent was appointed, the ship was allowed to sail with no payment or guarantee for the specific penalty, but the correspondent was never allowed to board the ship as a pass for entry into the port was denied because the ship was cleared to depart. The following is an account of the fines imposed:

Ballast

Although the ship made three open-sea ballast water exchanges, and entered this information into the ships log, a demand of US $3,400 for dirty ballast water upon the ships arrival was made. This amount was reportedly calculated as per ‘standard procedures’ but the master negotiated and settled at a lesser amount in order that a clean ballast certificate be issued so that the ship could de-ballast.

Lube oil

In order to avoid a fine of US $18,000, because measurements taken by local personnel apparently indicated 600 litres more lube oil onboard than was declared by the ship, the master negotiated a payment of US $1,300.

Bunkers

To avoid a fine for discrepancies in bunkers onboard, the master made a payment of US $3,000.

Overboard discharges

A demand was made for US $2,300 because the galley and wash-room drains on the ship were discharged directly overboard. This arrangement is by design of the ship, and a recent Port State Control inspection found no deficiencies. The master refused to make a payment and the Club was notified.

Members who experience similar incidents in these or any other ports should notify the Club immediately.

Source of information:

L1 Claims Syndicate

UK P&I Club

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