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Notice to Research Vessel Operators No. 113

Subject: Regulations Governing Pilotage and Entry into Norwegian Waters, June 20, 1995.
Released by the Department of State, Bureau of Oceans and International Environmental and Scientific Affairs.

OES/OA has been advised by our Embassy in Oslo that they have received the enclosed new "Regulations Governing Pilotage and Entry to Norwegian Waters" effective from 1 May 1995. Also enclosed is an application form for entry of Norwegian internal waters.This appears to be separate from research clearance procedures, however, it does apply to research vessels.

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The Royal Ministry of Foreign Affairs presents its compliments to the Embassy of and has the honour to inform the latter of the new regulations governing entry into Norwegian territorial waters as well as new rules for pilotage in Norwegian internal waters, within the baselines effective as from 1 May 1995, which are enclosed herewith in an English version together with information brochures concerning these regulations.

1) The Royal Decree of 23 December 1994 concerning entry of non-military vessels into Norwegian territorial waters replaces the regulations in the Royal Decree of 9 February 1968 concerning restricted sea-areas in Norwegian territorial waters and entry and passage through Norwegian territorial waters in peacetime.

The rules of innocent passage apply in the territorial waters, and all foreign non-military vessels have the right of such passage.

With regard to entry into internal waters, the regulations require that masters of all foreign, non-military vessels longer than 24 metres or over 50 gross tons (including pleasure crafts exceeding 24 metres or 50 gross tons) notify Norwegian military authorities at least 24 hours in advance. Certain categories of foreign, non-military vessels are also required to file a written application for admittance to internal waters seven days prior to the entry.

All foreign, non-military vessels, regardless of their length, shall report to Norwegian authorities when entering and leaving Norwegian internal waters as well as when passing specified geographical positions, and are only allowed to use sea-lanes (fairways) prescribed by the Ministry of Defence. Under no circumstances are vessels allowed to procede outside prescribed sea-lanes without a Norwegian state pilot on board.

Applications and notifications shall be submitted in either Norwegian, Danish, Swedish or English to Naval Operations Centre, Head Quarter Defence Command, North (FKN) for activity north of 65 degrees N (address: FKN, 8002 Bodo, fax: 75 53 63 54), and Naval Operations Centre, Head Quarter Defence Command, South (FKS) for activity south of 65 degrees N (address: FKS, P.B. 10, 4032 Gausel; fax 51 57 24 59).

2) The new regulations concerning pilotage require, as a main rule, that the vessel use a state pilot. Exemption is made for holders of a pilotage exemption certificate (P.E.C), which, after a special test, may be issued to the shipmaster or navigators provided they have documented their familiarity with the waters in question and with coastal navigation in general. The issuance of a P.E.C is linked to the specific vessels and waters.

The regulations on dues apply to all waters within the baselines, and to waters outside the baselines in cases where a pilot is actually used. The new pilotage service dues comprise two main components: pilotage readiness dues and pilotage dues. The vessels can choose whether they want to pay for each passage or an annual fee. In addition to these pilotage dues, the vessel has to pay a general coastal due.

The Royal Ministry of Foreign Affairs avails itself of this opportunity to renew to the Embassy of the assurances of its highest consideration.

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APPLICATION FOR ENTRY OF NORWEGIAN INTERNAL WATERS

This form concerns foreign non-military vessels pursuant to section 13 of the Norwegian Royal Decree of 23 December 1994, No 1130, concerning the Entry into and Passage through Norwegian Territorial Waters in Peacetime of Foreign, Non-Military Vessels.

Applications shall be directed to Headquarter Defence Command North Norway for vessels intending to enter Norwegian Internal waters north of latitude 6508 North.

Applications concerning entries to Norwegian Internal Waters south of latitude 6508 North shall be directed to Headquarter Defence Command South Norway.

Entry clearance to Norwegian Internal Waters will be granted no sooner than 7 days after that the application has arrived at the Norwegian authorities.

Application forms lacking information will not be delt with and will be returned to the applicant.

The application shall be sent either by mail or by telefax to the below mentioned addresses:

Defence Command North Norway
Naval Operations Centre
N-8002 Bodoe
NORWAY
Telefax: +47 75 53 63 54

Defence Command South Norway
Naval Operations Centre
P O Box 10
N-4032 Gausel
Telefax: +47 51 57 24 59

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APPLICATION FORM FOR ENTRY CLEARANCE

BLOCK LETTERS to be used throughout!

1. The Ship
Ship Name:
b. Call sign:
c. IMO-ident (or ship register no):
d. Flag
e. Type of vessel
f. Measurements:
i) LOA: (feet/meter)
ii) Beam: (feet/meter)
iii) Draught: (feet/meter)
iv) Tonnage: (gross tons)

2. Period from which the application is requested to be valid:

3. Ports to be visited (If more than two portcalls are to be made, information are to be given on separate sheet).

a1) Name of port:
a2) Arrival period:
a3) Total of days in port:

b1) Name of port:
b2) Arrival period:
b3) Total of days in port:

4. Arriving from (foreign port)

a) Name of port:
b) Country

5. Captain

a) Name:
b) Date of birth:
c) P.E.C. (if none state that):

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6. SUBSTANCE OF THE NEW REGULATIONS GOVERNING THE ENTRY OF FOREIGN NON-MILITARY VESSELS INTO NORWEGIAN TERRITORIAL WATERS

All foreign shipmasters are obliged to familiarise themselves with the regulations before they reach Norwegian territorial waters.

In the following we use the abbreviations Hq DEFCOMNON and Hq DEFCOMSONOR. Hq DEFCOMNON stands for Headquarters Defence Command North Norway and Hq DEFCOMSONOR for Headquarters Defence Command South Norway; see 6.8 for further details.

6.1 Geographical extent of the regulations

These regulations apply to Norwegian territorial waters, i.e. to all waters inside the base line and four nautical miles beyond the base line. The base line consists of straight lines joining theoutermost points of the entire coast. The regulations do not apply to waters off Svalbard, Jan Mayen and Norwegian dependencies.

Foreign non-military vessels are deemed to include all foreign vessels and Norwegian vessels with a foreign master that do not fall within the regulations governing foreign warships (Regulations governing entry of foreign warships and military aircraft into Norwegian territory in peacetime. Laid down by Royal Decree of 19 January 1951. Amended on 9 February 1968.) entry into Norwegian territorial waters in peacetime. The regulations also encompass the equipment (lifeboats, landing craft, aircraft, etc.) belonging to the vessel. In some areas the regulations are stricter for vessels exceeding a certain size (longer the 24 metres or over 50 GT). The text makes clear which areas are involved.

6.2 Passage through territorial waters outside the base line

The rules of innocent passage apply from the base line out to the territorial limit. All foreign non-military vessels have right of such passage. Stopping or anchoring is only permitted when part of ordinary navigation (e.g. while waiting for a pilot to come on board) or is made necessary by force majeure or distress or for the purpose of giving assistance to others. If a vessel has to stop or anchor for other reasons, it shall report the fact to Hq DEFCOMNON or Hq DEFCOMSONOR without undue delay.

6.3 General rule governing entry to waters inside the base line (Norwegian internal waters)

As a general rule foreign non-military vessels are entitled to enter Norwegian internal waters without obtaining permission in writing in advance. However, this right is confined to certain purposes; see 6.6.2. Lay time in Norwegian harbours shall be limited to that required by the purpose of the call.

Norwegian authorities may refuse a vessel permission to enter internal waters if special reasons make this necessary.

6.4 Special regulations governing the admission of certain types of vessels to waters inside the base line

6.4.1 Vessels required to apply for admission

Certain types of vessels must have permission in writing in advance from Norwegian authorities in order to enter Norwegian internal waters. These are:

--Research vessels
--Seismological vessels and other vessels carrying equipment used for surveying and charting the sea bed.
--Special-purpose vessels, including self-propelled platforms, tugboats, dredgers, ice-breakers and floating cranes.
--Vessels carring aircraft on board.
--Non-military government vessels as well as stand-by and support vessels for warships.
--Nuclear-powered vessels or vessels carrying nuclear material.

In case of doubt, Norwegian authorities will decide whether a particular vessel falls within one of these Exceptions from the requirement regarding permission in writing in advance are possible on the basis of agreement between Norway and the vessel's flag state. (Under the EEA Treaty Norway cannot demand that vessels whose flag state is a contracting party in the EEA shall apply in writing in advance. This does not however apply to the last two categories of vessels listed above)

6.4.2 The application

Applications, in writing, for permission to enter Norwegian internal waters shall reach Hq DEFCOMNON or Hq DEFCOMSONOR no later than 7 days before the vessel plans to arrive at the base line. Such applications may be sent to the Defence Command in question by telefax. Applications that arrive too late will not be considered.

Applications shall contain the information mentioned in 6.5 on notification in advance, and any other information which may be assumed to be of significance for entry. Norwegian authorities may demand further information, including details of any catch to be delivered in Norway. Applications shall be in Norwegian, Danish, Swedish or English.

A special application form will be prepared for this purpose. The form will be available during the spring of 1995.

6.5 Obligation to notify the authorities before arrival at the base line (Most ships calling at a port are also required to notify the municipal port authorities at least 24 hours before arrival. Further details as to which vessels are required to give prior notification of arrival, and the subject matter etc., of notification, will be given by the indvidual port authorities. See also 1.6 on booking a pilot and advance notification.)

The following vessels are required to give notification:

--All vessels mentioned in 6.4.1 irrespective of size.

--All other foreign non-military vessels that are larger the 50 GT or longer than 24 metres, except passenger and car ferries on a regular schedule. The latter may instead send their schedule to Hq DEFCOMNON or Hq DEFCOMSONOR no later than 14 days before the service is put into operation and they must notify Hq DEFCOMNON or Hq DEFCOMSONOR if the service is withdrawn or if changes are made in the schedule.

Vessels required to give notification shall notify Hq DEFCOMNON or Hq DEFCOMSONOR in advance and no later than 24 hours before the vessel plans to cross the NOrwegian base line. Notification should be in writing and shall be sent by the shipmaster (i.e. the master cannnot leave it to an agent or other person to send notification). Notification shall contain:

--The vessel's IMO identification number.
--The vessel's nationality, name, international radio call-sign (signal letters) and mobile and satellite telephone numbers, if any.
--The vessel's type, cargo, draught and size stated in gross tons.
--The purpose of entry.
--Statement of the position in latitude and longitude where the vessel intends to cross the base line when entering and leaving.
--Intended ports-of-call stating arrival and departure times.
--Norwegian contact (agent, operator, shipowner, etc.).

6.6 General rules for passage etc., through waters inside the base line

The rules below apply to all foreign non-military vessels, irrespective of size; see, however, 6.7 on pleasure craft.

6.6.1 Prescribed fairways

When navigating in internal waters, use the fairways prescribed by the Ministry of Defence. A separate overview of these fairways will be prepared. If a legitimate need arises to proceed outside the approved fairways, permission to do so shall first be obtained from Hq DEFCOMNON or Hq DEFOCMSONOR. There shall always be a Norwegian state pilot on board during such passage.

6.6.2 Use of Norwegian internal waters

Us of Norwegian internal waters is restricted to the following purposes:

--Passage to and from Norwegian ports in connection with loading, unloading, restocking, bunkering, carrying out necessary repairs or fulfilling agreements with Norwegian interests.
--Transit passage (between Norwegian ports).
--To put into a harbour of refuge.

Stopping and anchoring are only permitted when part of normal navigation (e.g. dropping anchor owing to fog), when necessitated by force majeure (e.g. breakdown), by distress or for the purpose of giving necessary assistance to others. Vessels that stop or drop anchor shall always, and without undue delay, report the fact to Hq DEFCOMNON or Hq DEFCOMSONOR.

No recordings or measurements may be taken other than those necessary for safe navigation. Making charts or sketches of harbours, waters (This prohibition also applies to the storing of sea bed data (such as soundings) beyond what has to be recorded in the vessel's logbook, as well as other sea bed and water data.), airfields or seaplane ports, military installations or structures is prohibited. Photographing or describing the two last-mentioned items is also prohibited.

The master and crew of foreign non-military vessels shall comply with existing Norwegian legislation including regulations relating to the environment, health, customs, pilotage, traffic, ports, foreign nationals and rules of conduct. Norwegian regulations governing the use of communications equipment must be observed; see List of Coast Stations.

Vessels shall fly their national flag at all times during passage through Norwegian territorial waters. Vessels at berth or at anchor shall fly their flag in daytime.

6.6.3 Obligation to report

Vessels shall report to Hq DEFCOMNON or Hq DEFCOMSONOR when crossing the base line on entering and leaving Norwegian internal waters and on passing report points stipulated by the Ministry of Defence. An overview of these report points will be published separately. Such reports shall always state:

--The vessel's name.
--The vessel's radio call-sign.
--The vessel's position.
--The vessel's destination.
--The time at which the vessel expects to pass the next report point or arrive at the next Norwegian port-of-call.

Any change made in the vessel's submitted navigation plan or difficulties in adhering to it shall be reported to Hq DEFCOMNON or Hq DEFCOMSONOR immediately.

6.7 Special rules for pleasure craft

Pleasure craft exceeding 24 metres or 50 GT are subject to the notification requirement described in 6.5 and shall use prescribed fairways as mentioned in 6.6.1. They may also be instructed to report to the authorities as mentioned in 6.6.3. Pleasure craft may otherwise move freely, provided they comply with the restrictions and orders mentioned in 6.6.2 as regards charting etc. Foreign pleasure craft shall observe the same flagging rules as other foreign non-military vessels.

6.8 Notification and reporting procedures

All notifications, reports, applications and other enquiries to Norwegian military authorities shall be directed to Headquarters Defence Command North Norway in Bodo (Hq DEFCOMNON) in connection with entry to and passage through waters north of 65 degrees N, and to Headquarters Defence Command South Norway in Stavanger (Hq DEFCOMSONOR) in connection with entry to and passage through waters south of 65 degrees N. Enquiries shall normally be routed via a Norwegian Coastal Radio Station in Norwegian, Swedish, Danish or English.

6.9 Right to inspect vessels and to give instructions for proceeding

Officers on Norwegian warships or guard-ships and other officers of the Norwegian Armed Forces are entitled to inspect any foreign non-military vessel, including its documents, cargo, equipment and persons on board. The master of the vessel in question shall provide all possible assistance to facilitate the inspection, including placing the vessel's communication equipment at the disposal of the inspecting officer free of charge. The master of the inspected vessel is obliged to comply with instructions for proceeding.

6.10 Contravention and penalties

If the regulations have been contravened, the vessel may be ordered to leave Norwegian territorial waters. In the event of serious contraventions of the regulations, vessels will be seized and handed over to the nearest police authority for investigation and possible prosecution.

7. IMPORTANT DOCUMENTS AND WHERE TO OBTAIN THEM

--Report to the Storting no. 43 (1993-94) "Pilotage service dues and compulsory pilotage". Available at bookshops.

--Report to the Storting no. 11 (1994-95) "Geographical extent of regulations on compulsory pilotage and on pilotage exemption certificates: - supplement to Report to the Storting no. 43 (1993-94) "Pilotage service dues and compulsory pilotage". Available at bookshops.

--Recommendation to the Storting no. 63 (1994-95). Recommendation by the Standing Committee on Transport and Communications on pilotage service dues and compulsory pilotage and on the geographical extent of regulations on the obligation to use a pilot and on pilotage exemption certificates. Available at bookshops.

--Proceedings of the Storting. Storting debates etc. No. 13, 13-16 December. The 1994-1995 session. Available at bookshops . The debate on compulsory pilotage etc, is printed on p. 1666 et seq.

--Brochure - concise briefing on the main features of the new body of regulations. (Norwegian/English/Russian versions).

--Regulations on the obligation to use a pilot in Norwegian waters, on pilotage exemption certificates, on pilotage service dues and on the entry into and passage through Norwegian territorial waters of foreign, non-military vessels in peacetime. Transitional provisions.

--New regulations governing pilotage, dues and entry to Norwegian Waters. Effective as from 1 May 1995. This booklet - which you are now reading - gives a thorough overview of the new body of regulations. It will also be available in Norwegian and in Russian translation in mid-March 1995.

The last three published items can be ordered free of charge from:

Kystdirektoratet
(Coast Directorate)
Postboks 8158 Dep.
0033 Oslo

[end of document]

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