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Commission Regulation (EU) No 164/2010Show full title

Commission Regulation (EU) No 164/2010 of 25 January 2010 on the technical specifications for electronic ship reporting in inland navigation referred to in Article 5 of Directive 2005/44/EC of the European Parliament and of the Council on harmonised river information services (RIS) on inland waterways in the Community

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2.MESSAGE FUNCTION

2.1.Functional definition

The BERMAN message is a message from a carrier, its agent or a vessel to the responsible Port Authority, requesting a berth, giving details of the call, ship, berth requirements and expected operations(1). It is based on the EDIFACT BERMAN message as published in the UN/EDIFACT D 04B directory. The implementation manual is based on the guidelines as defined by the PROTECT group.

2.2.Message principles

The following principles shall apply to the BERMAN message as defined in these technical specifications for the purpose of electronic ship reporting in inland navigation:

1.

A message shall contain information on only one means of transport/conveyance.

2.

One message shall relate to one visit of a ship to one port of call.

3.

The visit of the vessel shall be identified by a unique call reference number that is issued by or on behalf of the authority in the port (e.g. the port authority or the customs authority).

4.

The message shall incorporate the (legal) requirements regarding the notification of a ship to a port. It shall support one request for the ship — be it for entering the port, berthing on arrival of the ship, leaving the berth on departure of the ship or shifting of berths for the ship within the port or for only transiting through the port area.

5.

The arrival notification shall contain all details regarding the movement of the ship from outside the port area to the first berth in the port area. The additional services to be arranged for arrival at the first berth (e.g. arrangement of pilots, VTS, tugboats, and linesmen) may be specified. The ETA (estimated time of arrival) at the entry point and previous port of call of the ship shall be given.

6.

A shift berthing request shall contain all details as to the movement from one berth to the next berth in the same port area. The additional services to be arranged (e.g. arrangement of tugboats, pilots or linesman) may be specified for each berth separately. The ETD (estimated time of departure) for the first berth is mandatory. The shift berthing request shall further contain the other berths that are planned to be visited during the ship's call, including the ETA at these berths.

7.

A departure request shall contain all details related to the departure of the ship from the (last) berth in the port area. Additional services to be arranged for departure from the berth (e.g. arrangement of tugboats, pilots or linesman) may be specified. The ETD from the berth and the next port of call of the ship shall be given upon departure.

8.

The message is based on and supports the implementation by means of EDI of the following international and European legislation:

(a)

the IMO FAL Form 1 (as also contained in the IMO Compendium on Facilitation and electronic business, document FAL.5/Circ.15, dated February 19, 2001 and also contained in the European Directive ‘on reporting formalities for ships arriving in and/or departing from ports of the Member States of the Community’, Directive 2002/6/EC (OJ L 67, 9.3.2002, p. 31));

(b)

International ship and port facility security (ISPS) code, adopted by the Conference of Contracting Governments of the International Maritime Organisation (IMO) on 12 December 2002, in the amendments to the annex to the International Convention of Safety of Life at Sea (SOLAS), 1974 and Regulation (EC) No 725/2004 of the European Parliament and of the Council of 31 March 2004 on enhancing ship and port facility security (OJ L 129, 29.4.2004, p. 6).

9.

The message shall cater for the provision of sending a replacement or a cancellation of a previously sent original message.

10.

The message content shall be uniquely identified by means of the message reference (in BGM 1004) and the message sender identification (in NAD(MS) 3039). All other identifying data, such as the unique ship ID of the ship or the voyage number, are secondary references. The sending of replacements and updates also makes use of this principle.

(1)

In accordance with the IMO Compendium the BERMAN message can be used as a substitute for the IMO General Declaration (CUSREP) for the purpose of the announcement of the expected arrival of a ship in a certain port.

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