• Requirements for ensuring transport safety were approved, taking into account the safety levels for vehicles of maritime and inland water transport.

Resolution of the Government of the Russian Federation of October 08, 2020 No. 1637 approved the Requirements for ensuring transport security, taking into account the safety levels for vehicles of sea and inland water transport. The document applies to ships used for merchant shipping and is mandatory for Russian and foreign carriers. The requirements establish the obligations of carriers and other subjects of the transport infrastructure to accept the necessary documents, assign responsibility for ensuring the safety of persons, and take other necessary measures. The document is valid from October 22, 2020 to October 22, 2026.

• Requirements for ensuring transport security, including requirements for anti-terrorist security of facilities (territories), taking into account security levels for various categories of transport infrastructure objects of sea and river transport were approved.

Resolution of the Government of the Russian Federation of October 8, 2020 No. 1638 approved the Requirements for ensuring transport security, including requirements for anti-terrorist protection of facilities (territories), taking into account the security levels for various categories of transport infrastructure facilities for sea and river transport. The document applies to the water areas of seaports.

The requirements establish the obligations of responsible persons, including harbour masters, to accept the necessary documents, assign responsibility for ensuring the safety of persons, and take other necessary measures. The document is valid from October 23, 2020 to October 23, 2026.

• Requirements for ensuring transport security, including requirements for anti-terrorist security of facilities (territories), taking into account the levels of security for transport infrastructure facilities of sea and river transport that are not subject to categorization were approved.

Resolution of the Government of the Russian Federation No. 1651 dated October 10, 2020 approved the Requirements for ensuring transport security, including requirements for anti-terrorist protection of facilities (territories), taking into account the security levels for transport infrastructure facilities of sea and river transport that are not subject to categorization. The document applies to sea terminals, ports, navigable hydraulic structures, artificial islands, drilling platforms and other facilities. The requirements establish the obligations of carriers and other subjects of the transport infrastructure to accept the necessary documents, assign responsibility for ensuring the safety of persons, and take other necessary measures. The document is valid from October 22, 2020 to October 22, 2026.

• The Regulation on conducting an experi ment for the pilot operation of autonomous ships under the State Flag of the Russian Fede ration was adopted.

In accordance with the Decree of the Government of the Russian Federation of December 05, 2020 No. 2031, in the period from December 10, 2020 to December 31, 2025, an experiment will be carried out for the trial operation of autonomous vessels under the State flag of the Russian Federation, registered by harbour masters located in the Krasnodar Kray, Primorsky region, Khabarovsk region, Astrakhan region, Kaliningrad region, Leningrad region, Magadan region, Murmansk region, Rostov region, Sakhalin region, St. Petersburg. The document is valid from December 16, 2020.

• The Rules for the implementation of inter action between federal executive bodies, executive bodies of the constituent entities of the Russian Federation and organizations during search and rescue operations at sea were approved.

Resolution of the Government of the Russian Federation No. 1928 dated November 25, 2020 approved the Rules for the implementation of interaction between federal executive bodies, executive bodies of the constituent entities of the Russian Federation and organizations during search and rescue operations at sea. The rules were adopted in connection with the new clause 5 of Art. 5 of the Labour Code of the Russian Federation, introduced in July 2020. The rules establish the procedure for interaction and responsibility of bodies and organizations. Thus, in particular, it is stated Rosatom assists in organizing search and rescue operations in the water area of the Northern Sea Route. In addition, the list of search and rescue areas has been changed.

• New Rules for issuing a permit for the use of ships sailing under the flags of foreign states, cabotage and other similar works have been adopted.

Decree of the Government of the Russian Fe deration of December 07, 2020 No. 2033 established the cases and procedure for carrying out activities using ships sailing under the flags of foreign states. Vessels flying a foreign flag can obtain permission to carry out cabotage and other work if they have not been registered in any of the ship registers of the Russian Federation within the last 5 years before applying for a permit. The permits issued earlier in accordance with the Resolution of the Government of the Russian Federation No. 504 are valid until their expiration date. The rules stipulate the requirements for the content of the application for a permit and the documents attached to it. The term for consideration of the application is 25 working days. A closed list of grounds for refusal to issue a permit has been established. The document is valid from 1 January 2021 to 01 January 2027.

• New regulations on the licensing of passenger transportation, as well as loading and unloading activities in relation to dangerous goods were approved.

The new provisions were approved by Decree of the Government of the Russian Federation No. 2027 dated December 04, 2020. Passengers are defined as persons who have entered into an agreement for the carriage of a passenger, or persons for the transportation of whom a ship charter agreement has been concluded, the list of requirements for a license applicant has been reduced. Bunkering of vessels (reloading fuel from one vessel to another) is excluded from the concept of loading and unloading activities, the list of requirements for the use of a license by a license applicant has been reduced.

The document is valid from January 1, 2021 to July 1, 2021.

• The Administrative Regulations of the Fe deral Security Service of the Russian Federation on the implementation of federal state control (supervision) in the field of fishing and the conservation of aquatic biological resources in terms of marine biological resources were approved.

By the Order of the FSB of Russia dated October 16, 2020 No. 476, the Administrative Regulations of the FSB of the Russian Federation for the implementation of federal state control (supervision) in the field of fishing and the conservation of aquatic biological resources in terms of marine biological resources were approved. The Regulations updated the rights and obligations of officials during control, the procedure for performing administrative procedures and the procedure for appealing against decisions and actions of officials. The document is valid from December 5, 2020.

• Amendments have been made to the Federal Law “On Fishing and Conservation of Aquatic Biological Resources” in terms of improving the legal regulation of certain types of fishing.

Federal Law No. 331-FZ of October 15, 2020 amended, including part 3 of Art. 19.1 and part 4 of Art. 20 of the Federal Law “On Fishing and Conservation of Aquatic Biological Resources”. The requirements for the implementation of commercial fishing in inland water bodies, coastal fishing in sea waters and in the areas of application of international treaties have been clarified. It has been established that coastal fishing is carried out within the boundaries of the fishery basin by legal entities or individual entrepreneurs registered in any coastal constituent entity of the Russian Federation, to the territory of which the internal sea waters of the Russian Federation and (or) the territorial sea of the Russian Federation are included in such a fishery basin, and in areas where international treaties are in force – by legal entities or individual entrepreneurs registered in any coastal constituent entity of the Russian Federation, to the territory of which the internal sea waters of the Russian Federation and (or) the territorial sea of the Russian Federation adjoin. The amendments are effective from October 26, 2020.

• The terms of validity of qualification documents of crew members of sea vessels have been extended.

According to the Informational Letter of the Ministry of Transport of Russia dated January 13, 2021, the previously adopted emergency measures related to the coronavirus pandemic have been extended in relation to the qualifications of crew members of ships that have expired or will expire by March 31, 2021 inclusive.

If it is impossible, due to the presence of the crew members on board, to renew such qualification documents in the prescribed manner, their validity period is extended for a period of three (3) months. No additional marks or new documents are required.

• The Strategy for the development of the Arctic zone of the Russian Federation and ensuring national security for the period up to 2035 was approved.

Decree of the President of the Russian Federation of October 26, 2020 No. 645 approved the Strategy for the Development of the Arctic Zone of the Russian Federation and Ensuring National Security for the Period until 2035. In particular, it points out the need for the integrated development of the infrastructure of seaports and shipping routes in the waters of the Northern Sea Route, the Barents, White and Pechora Seas; construction of at least five universal nuclear-powered icebreakers of pro ject 22220, three nuclear-powered icebreakers of the Leader project, 16 rescue and tug-rescue vessels of various capacities, three hydrographic and two pilot ships; construction of hub ports and the creation of a Russian container operator to ensure international and coastal shipping in the water area of the Northern Sea Route; expanding the use of liquefied natural gas in sea and river transport in the water area of the Northern Sea Route, as well as for power supply of human settlements.

• The draft law “On Amendments to Article 4 of the Merchant Shipping Code of the Russian Federation” was adopted in the first reading.

On October 13, 2020, the State Duma of the Russian Federation adopted in the first reading the draft Federal Law No. 769222-7 “On Amendments to Article 4 of the Merchant Shipping Code of the Russian Federation”. It is proposed to use only vessels built on the territory of the Russian Federation when carrying out cabotage and marine resource research, exploration and development of mineral resources of the seabed and its subsoil, as well as other types of work determined by the Government of the Russian Federation.

• A draft of the law “On Amendments to Article 5.1 of the Merchant Shipping Code of the Russian Federation”.

The Government of the Russian Federation has introduced draft law No. 1062335-7, which is proposed to supplement Art. 5.1 MSC of Russia, clauses 6 and 7, securing the possibility of concluding and the content of long-term contracts for the provision of paid services for the provision of ship escort services rendered by ships of the nuclear icebreaker fleet in the water area of the Northern Sea Route. Chairman of the Presidential Council for Codification and Improvement of Civil Legislation P.V. Krashenninikov prepared a negative expert opinion on this draft law on October 15, 2020, which appears to be reasonable.

• A draft law “On Amendments to the Merchant Shipping Code of the RF and to the Inland Waterways Transport Code of the RF in Terms of Regulating the Disposal of Property Sunk in the Sea and on the Inland Waterways of the Russian Federation” was prepared.

The Ministry of Transport has published a draft of amendments to the MSC of Russia and IWTC of Russia regarding the legal regulation of the lifting of sunken property and ships. The changes imply a reduction in the time period for the owners of sunken property to notify the harbour masters to one month and the term for the harbour master to determine the conditions for raising such property to one month. The amendments also limit the term for fulfilling the obligation to raise property to three months or six months, depending on the security threat posed by the sunken property. The draft also introduces and defines the concept of ownerless sunken property. Similar rules are being introduced for inland waterways.

At the same time, the Ministry of Transport has prepared a draft law on amending the Code of Administrative Offenses of the Russian Federation, which provides for the administrative liability of the owner (owner) of sunken property for refusing to raise, remove or destroy it in the amount of 5 to 10 million rubles (for legal entities), and for the disposal of a sea vessel by flooding – in the amount of 600,000 to 1 million rubles (for legal entities).

• The Government of the Russian Federation has prepared a negative response to draft law No. 889303-7 “On Amendments to the Merchant Shipping Code of the Russian Federation”, which provides for the creation of a unified pilotage organization.

The government did not support the proposed draft, since it does not determine the status of the pilot organization being created, the procedure for its creation and functioning, and also actually proposes monopolization of the provision of pilotage services for ships on the approaches to seaports.

• The State Duma of the Russian Federation adopted and the Federation Council of the Russian Federation approved the draft law No. 1021304-7 “On the Ratification of the Agreement on the Measures of the Port State to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing”.

The Agreement on Port State Measures to Prevent, Deter and Eliminate Illegal, Unreported and Unregulated Fishing (PSMA) entered into force in 2016 and will be applicable on the territory of the Russian Federation after its ratification. At the same time, Russia signed the PSMA on April 29, 2010.

• The Action Plan (“road map”) for the implementation of the mechanism for managing systemic changes in the legal regulation of entrepreneurial activity “Transformation of the Business Climate” was approved.

The Action Plan approved by the Order of the Government of the Russian Federation of November 5, 2020 No. 2871-r, in particular, provides for the introduction of amendments to the MSC of the Russian Federation, the Federal Law “On Seaports in the Russian Federation and on Amendments to Certain Legislative Acts of the Russian Federation” in terms of stimulating the use of environmentally friendly technologies in the field of merchant shipping and shipping (deadline for introducing a bill – November 2021), as well as amending the MSC and IWTC of Russia in terms of creating legal conditions for the system of technical management of sea and river vessels (deadline for introducing a draft – September 2021).

• Agreement between the Government of the Russian Federation and the Government of the Kingdom of Morocco on cooperation in the field of marine fisheries was signed.

The agreement replaces the previous agreement signed in 2016, which expired in March 2020. The agreement was also concluded for a period of 4 years from the date of signing.

• In the Rules for the provision of services for transshipment of goods in the seaport, the normative concept of closed transshipment of coal in seaports was fixed.

The new Order of the Ministry of Transport defines the technological procedure for closed transshipment of coal in seaports, which includes a set of technologies, technical methods and methods provided for by the Guide of Best Available Technologies (ITS 46-2019). The changes are aimed at improving protection against the spread of black coal dust within the transshipment of coal in ports.

• Changes in legislation in the field of prevention and liquidation of oil spills.

The Governmental decree established a new procedure for organizing measures to prevent and liquidate oil and oil product spills on the continental shelf of the Russian Federation, in internal sea waters, in the territorial sea and the adjacent zone of the Russian Federation.

From January 1, 2021, new rules are in force that provide for the requirements for the content of the spill prevention and liquidation plan, the procedure for conducting comprehensive exercises to confirm readiness and the procedure for issuing an opinion on the readiness of the operating organization to contain and liquidate spills, the procedure for notifying state bodies of the fact of a spill, the procedure for attracting additional forces and means.

The document is valid until January 1, 2027.

• Agrochemicals were allowed to be stored in seaports.

The Federal Law “On Amendments to Certain Legislative Acts of the Russian Federation” was adopted on June 28, 2021, according to which it is allowed to store agrochemicals within the boundaries of coastal protective zones in specialized storage facilities put into operation before January 1, 2013, provided that they are located on the territories of seaports and equipped with their systems, aimed at preventing pollution of water bodies. A mandatory environmental review of the design documentation for storage facilities is being introduced, which is supposed to be built within the boundaries of water protection zones on the territories of ports.

• Subsidizing large-scale shipbuilding. The draft resolution of the Government of the

Russian Federation on the support of large-scale shipbuilding has been posted in the public domain, according to which it is planned to introduce reimbursement of part of the costs under concluded leasing and credit agreements.

• Transport safety of ships of the icebreaker fleet.

Discussion of the draft on procedure for the development of plans for ensuring transport security of transport infrastructure facilities and (or) ships of the icebreaker fleet used for escorting along sea routes, ships in relation to which the rules of merchant shipping and requirements in the field of security of ships and port facilities established by international treaties of the Russian Federation.

• Introduce electronic auctions in the field of fisheries.

From 2021, electronic auctions in the field of fisheries are introduced to conclude agreements on securing the share of the catch of aquatic biological resources and the use of the fishing site.

• Norms of working hours during construction and repair of ships.

The Ministry of Industry and Trade of the Russian Federation is developing a draft order “On Approval of Standard Industry Time Standards for Work Performed during Construction and Repair of Ships”, aimed at creating and defining standard terms of contracts for shipbuilding in order to ensure reliable calculation of labour costs.

• New Rules for Preferential Credits to Residents of the Arctic Zone.

Decree of the Government of the Russian Federation of December 21, 2020 No. 2186 approved the Rules for Preferential Credits to Residents of the Arctic Zone, according to which credits will be available at a reduced rate for the development of projects for the Arctic.

• New Rules on Labor Protection during Diving Operations.

By order of the Ministry of Labour of Russia, the Rules on Labour Protection during Diving Ope rations were approved according to which state regulatory requirements for labour protection are established, the procedure for the actions of the employer and the employee when organizing and carrying out diving works is regulated. The rules are valid throughout the territory and on the continental shelf of the Russian Federation.

The document is valid from January 1, 2021 to December 31, 2025.

• New Rules on Labour Protection on Sea Vessels and Inland Waterway Transport Vessels.

By order of the Ministry of Labour of Russia, new Rules on Labour Protection on Sea Vessels and Inland Water Transport Vessels were approved. The new Rules apply not only to employers (shipowners) and crews of sea-going vessels and inland waterway transport vessels flying the flag of the Russian Federation, in operation, layover, repair, reconstruction, regardless of their type and forms of ownership, registered in the prescribed manner, for with the exception of vessels engaged in fishing and auxiliary vessels of the Navy, but also for the crews of offshore floating platforms, as well as other persons staying on the vessel for the performance of labour (official) duties.

The document is valid until December 31, 2025.

• New Regulations on sea pilots and on pilots on inland waterways, as well as the Procedure for granting the captain of a ship the right to sail without a pilot in areas of compulsory pilotage of ships.

All documents are approved by the Ministry of Transport of Russia, entered into force on Janu ary 01, 2021 and are valid until January 01, 2027.

The Regulations on Pilots on Inland Waterways defines the requirements for a pilot conducting pilotage of vessels on inland waterways of the Russian Federation, the rights and obligations of a pilot in the implementation of pilotage of a vessel, as well as the procedure for issuing pilotage certificates on the right of pilotage of vessels in the basin of inland waterways.

The Regulations on Sea Pilots determine the requirements for sea pilots carrying out pilotage of vessels specified in clause 1 of Art. 3 MSC of the RF, in the waters of seaports and on the approaches to them, the rights and obligations of a pilot in the implementation of pilotage, as well as the procedure for issuing a pilot’s license.

The procedure for granting the captain of a ship the right to sail without a pilot in areas of compulsory pilotage shall apply to ships that do not belong to the category of ships exempt from compulsory pilotage.

• At the 75th session of the Marine Environment Protection Committee of the International Maritime Organization (IMO), amendments to the MARPOL Convention were considered.

From July 1, 2024, it is planned to ban the use of heavy fuel in the Arctic, and from January 1, 2023, new requirements should come into force to reduce greenhouse effect gas emissions in international shipping development.

• Amendments to Maritime Labor Convention, 2006.

Amendments to the Maritime Labour Convention entered into force on December 26, 2020. The 2018 amendments concern rule 2.1. Standard A2.1. – Seafarers’ employment contracts and Standard A2.2. – Salary and rules 2.5. – Repatriation Guideline B2.5.1. – The right to repatriation in the context of escalating problems with piracy. ■