From whom does a ship obtain consent to depart?

From the state supervision and control service of the seaport — in writing, before departure, for every ship regardless of flag and form of ownership.

How long does a detention order operate?

For 3 days and nights, excluding rest days and holidays; absent a court decision within that period, the ship or cargo is released immediately.

Who ensures safety in the aquatory?

The port unit — including pilot operations, removal of sunken property, search-and-rescue operations and elimination of spilled oil.

Where are the port movement rules written?

In the Port Rules approved by the agency, governing entry, exit, stay, cargo operations, bunkering and pilot escort.

Port Regulations in Tbilisi, Georgia

Port Regulations under the Maritime Code

The daily life of a seaport — entry, stay, cargo operations, departure — is regulated in detail by the Maritime Code of Georgia: Article 77 governs the system of Port Rules and liability for cargo; Article 80 — safe navigation in the aquatory and the duties of the port unit; Article 82 — the written consent to a ship's departure and the port captain's power to detain; and Article 86 — the rules of movement and operations in the port. International practice knows regimes of port security and port-state control, but in a Georgian port it is these four articles of the Code and the Port Rules approved on their basis that operate.

Port Rules and Liability for Cargo — Article 77

Under Article 77, a port unit functions in accordance with the Port Rules, which are approved by the agency; within its competence the port unit also participates in drafting those rules. The Port Rules are thus not an internal act of the port but a framework approved by the central authority.

The fate of cargo is allocated precisely: in the port unit the port operator is responsible for cargo from the moment of its acceptance until transfer to the receiver, another authorized person or a carrier. The operator is liable for damage caused by loss of the cargo, delay or damage. Where cargo is damaged while in the port, the claim for that period is brought against the operator.

Safe Navigation in the Aquatory — Article 80

Under Article 80, the port unit is responsible for safe navigation in the aquatory of the seaport. For this purpose the unit is obliged: to ensure the creation of appropriate conditions for pilot operations to be carried out safely; to ensure that appropriate measures are implemented in accordance with the plan for removal of sunken property approved by the agency; to ensure, for carrying out search-and-rescue operations for persons and ships in danger within its zone of responsibility, and for eliminating accidental spills of oil and hazardous substances, the mobilization of all resources in the port unit — for the purpose of implementing the measures approved by the agency; and to ensure that the storage of hazardous cargo and cargo operations are carried out in the established manner.

In performing these functions the port unit must observe Georgia's international treaties, the Code, other legislative and subordinate normative acts of Georgia, the established technical regulations, the Port Rules and, in appropriate cases, the written demands of the agency.

Port Regulations