PORT AUTHORITY FOLLOWS LEGAL ACTS THAT ARE IN FORCE PRESENTLY IN THE CONFLICT AMONG THE COMPANIES

2007 06 04
 
Answer to the article „The crisis has ripen“ published in the daily „Verslo žinios“ and the article „Port companies complain to Brussels“ published in the daily „Lietuvos žinios“ .
 
The conflict concerning the use of port land territory and port quays that rose among UAB „Klaipėdos šaldytuvų terminalas“, UAB „Koralita“, UAB „Birių krovinių terminalas“ and AB „Klaipėdos Smeltė“, can be solved only by the Law Court. Se Klaipėda State Seaport Authority has no right to solve property conflicts among the companies (though the companies sometimes think otherwise) and follows legal acts that are in force presently.
But if any subject of economy breaks Shipping and/or Regulations of port users, SE Klaipėda State Seaport Authority undertakes measures indicated by the Law in order to assure the execution of the requirements of legal acts regulating port activities.  
 
 
LAND LEASE
According to land lease order that is valid presently, port land territory can be leased for a period up to 50 years; port land lease contract can be terminated by the agreement between the parties or by the decision of a Law Court. In 2002 AB „Klaipėdos Smeltė“ signed a standard land lease contract with SE Klaipėda State Seaport Authority, where there are no exceptional provisions or conditions for this company. Therefore, we cannot agree to the statements published in the above-mentioned dailies that „Port Authority provides with exceptional rights to the company „Klaipėdos Smeltė“.
 
Having the land territory in its disposition, AB „Klaipėdos Smeltė“ acquires the right to organize its activities in this land territory at its discretion. The inter-relations concerning their activities, use of railways, roads, communications etc. should be and are regulated by signing separate contracts. AB „Klaipėdos Smeltė“ has signed the above contracts with  UAB „Klaipėdos šaldytuvų terminalas“ and  UAB „Birių krovinių terminalas“.
 
Therefore all claims concerning the interference with the activities should be solved on the basis of those agreements and if the contractual conditions and rights are not obeyed by the parties, each of the parties can go to the Law Court concerning the violations of contractual conditions and require compensating the loss.
 
         USE OF QUAYS
We also contradict the statements of the companies that „... Port Authority did not manage to introduce order...and„... assure law obeying in the port“ due to the unlawful AB „Klaipėdos Smeltė“ mooring of barge and tug.
We state, that AB „Klaipėdos Smeltė“ really broke the Regulations of port use and Regulations of port navigation, as they did not fulfil the compulsory instruction of the Harbour Master: In March 10 2007 the Harbour Master gave the instruction to moor Americal ship „Ref Star“ to the quays No  101-102, but  AB „Klaipėdos Smeltė“, without the permission from Harbour Master moored its barge and two tugs at the above-mentioned quay. AB „Klaipėdos Smeltė “ did not obey the compulsory instruction of Harbour Master to take away the barge and two tugs from those quays.    
Harbour Master, following the legal acts that are in force presently, wrote the administrative infringement of law protocol to the Captains of a barge and the tugs. As it is known, the Harbour Master gives compulsory instructions according to his competence which is regulated by the Maritime Safety Law of the Republic of Lithuania. The Harbour Master could not take any more steps that are not regulated by the laws
 
 
SE Klaipėda State Seaport Authority 
Public Relations specialist Kristina Gontier
Tel. 499 624, mob. 8 ~ 620 43192  
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