The approach channel of a seaport is a port hydraulic structure designed to ensure the safe approach of vessels to the water areas and harbors of a seaport. It is the functional purpose of the approach channel that determines its operational regime in accordance with the Rules for the Operation of Hydraulic Structures, which must be taken into account when establishing the obligation to pay the channel fee by shipowners.
The necessity of accruing and paying the channel fee for the use of the approach channel is conditioned by its technical and economic characteristics, in particular its dimensions, throughput capacity and design navigation parameters, which take into account the draught of vessels and the conditions for their safe passage through the water area without additional depth provision.
In this context, the key issue is the distinction between the legal nature of “passing through” and “using” the approach channel, which are different in substance methods of vessel movement and are governed by the relevant legal acts in the field of maritime transport. The fact of crossing the approach channel in itself is not an unconditional indication of its use within the meaning of the grounds for levying the channel fee.
Therefore, the obligation to pay the channel fee arises exclusively in cases of actual use of the approach channel as a hydraulic structure in accordance with its functional purpose, and not as a result of the formal fact of crossing its water area.
