21.05A.03
| (a) | For purposes of this rule— |
“on-sea transfer”, in relation to imported fuel, means the action of transferring within the territorial waters of the Republic, imported distillate fuel, residual fuel or petrol from the foreign-going vessel on which it was brought into the Republic, to another vessel; and
“on-sea receipt”, in relation to imported fuel, means the action of receiving within the territorial waters of the Republic, distillate or residual fuel onto a foreign-going vessel on which it will leave the Republic, from another vessel.
| (b) | Any on-sea transfer must take place either— |
| (i) | directly to a sea-based bonded fuel goods special storage warehouse, in the case of distillate or residual fuel; or |
| (ii) | to a vessel operated by a licensed marine remover for purposes of removal to— |
| (aa) | a sea-based bonded fuel goods special storage warehouse, in the case of distillate or residual fuel; or |
| (bb) | a land-based bonded fuel goods special storage warehouse, in the case of distillate fuel, residual fuel or petrol. |
| (c) | Any on sea-receipt must take place either— |
| (i) | directly from a vessel that is a sea-based bonded fuel goods special storage warehouse; or |
| (ii) | from a vessel operated by a licensed marine remover. |
| (d) | An on-sea transfer or an on-sea receipt contemplated in paragraph (b) or (c) respectively, may only take place upon due entry of the imported fuel for warehousing or for export, depending on the circumstances. |
| (e) | No distillate fuel, residual fuel or petrol brought into the Republic on board a foreign-going vessel may be transferred within the territorial waters of the Republic from such foreign-going vessel directly to another foreign-going vessel leaving the Republic, or to a coasting vessel, subject to paragraph (f). |
| (f) | Where another regulatory authority issues a lawful instruction to transfer distillate fuel, residual fuel or petrol to a vessel other than a vessel contemplated in paragraph (b) or (c) due to an emergency situation arising in the territorial waters of the Republic, the transfer may despite paragraph (e) take place in accordance with such instruction, provided that the Commissioner is notified of the transfer. |
