Port Authority Operating Regulations

OPERATING REGULATIONS FOR THE PORTS OF DOURO AND LEIXÕES

Operating Regulations PDF

 

CHAPTER I - General Stipulations

SECTION I

Application of the Operating Regulations

Article 1º

Object and scope


1. These Regulations establish the technical operating rules for the Ports of Douro and Leixões and applies to the operation of the Ports of Douro and Leixões, under the jurisdiction of the Administração dos Portos do Douro e Leixões, S.A., henceforth referred to as APDL, Management, or Port Authority, applicable to all activities relative to vessels, commodities and passengers traffic.

2. Notwithstanding the applicability of these Regulations, in the concessionary operating areas the activities will be subject to specific rules, drawn up by the concessionaires and approved by APDL.

Article 2

Definitions

For the purpose of the stipulations outlined in this set of regulations, the following definitions are established:

a) "Shipping Agents": businesses set up and licensed to carry out agency activities related to the consignment of vessels, as expressed in law;;
b) "IMDG Code": the international maritime dangerous goods code, applicable to maritime transport;
c) "Stowage Companies": companies licensed to carry out the cargo handling activity in the port zone, under the terms of the legislation in force;
d) "Port Operator": the company responsible for the port operation. It may or may not be licensed as a stowage company;
e) "Passengers": considered as all people over the age of one, who are transported on vessels that use the port premises and are not part of the respective crews.
f) "Port Services": service providers either belonging to the Port Management or individuals or companies authorised or licensed for this purpose. They render services in the maritime and land zones of the ports for the vessels, passengers and commodities;
g) "Deposit or Storage Zone": the temporary cargo storage zone;
h) "Working Zone": zone near the quay, where operations to load and unload commodities to and from ships take place;
i) "Transit Zone": zone for circulation and parking of vehicles;
j)"Port Zone": zone where activities linked to maritime trade are carried out.

 

Article 3

Operating Area

The port area reserved for the land operation is categorised into either a working zone, transit zone and deposit or storage zone.

Article 4

Authorities

1. In addition to the Port Authority, the following entities undertake their activity autonomously at the Ports of Douro and Leixões: customs authority, the maritime authority, the border-control authority, the health authority and the animal and vegetable hygiene authority.

2. The functions of each of the authorities mentioned above are exercised as part of the powers attributed by law.

 

Article 5

Powers

Within the operating area the Management has powers for the following:

a) Building and conservation of maritime and land port constructions;
b) Purchasing of seafaring and land equipment;
c) Authorising of the execution of any works;
d) Exercising or authorising commercial or industrial activities or services;
e) Managing and coordinating the navigation services;
f) Providing pilotage, towage and mooring services;
g) Licensing, coordinating and inspecting the activity of the stowage companies;
h) Licensing, coordinating and inspecting the activity of the shipping agents;
i) Licensing and regulating the activity or repairs and supplies for ships;
j) Licensing and regulating the supervisory and insurance inspections;
k) Promoting the safety of the port premises;
l) Applying the penalties outlined in the laws and regulations;
m) Charging fees for any activities or services rendered.
n) Resolution of cases not outlined.

 

Article 6

Exclusivity

The Ports of Douro and Leixões may only be operated directly by the respective management, or by licensed companies or concessionaires.

 

Article 7

Tariff Regulations

The APDL Tariff Regulations establish the tariffs and the rules for charging them for the use of facilities, equipment and services rendered.

 

Article 8

Port interest

1. For the purposes of applying these Regulations and other rules for which the Manager is an interested party, port interest is understood to mean a set of values that should be prosecuted by the Port Authority in the public interest, namely:

a) Guarantee safety and conservation of the infrastructures, premises, buildings and facilities of the port;
b) Safeguard the goods and environment of the estuary-maritime and land zones under its jurisdiction;
c) Protect the legitimate interests of the port community;
d) Optimise and rationalise the economic operation and development of the Ports of Douro and Leixões.

2. The application of the rules contained in these Regulations and those being drawn up may be lenient whenever the port interest justifies so.

SECTION I - Application of the Operating Regulations

Article 1º

Object and scope


1. These Regulations establish the technical operating rules for the Ports of Douro and Leixões and applies to the operation of the Ports of Douro and Leixões, under the jurisdiction of the Administração dos Portos do Douro e Leixões, S.A., henceforth referred to as APDL, Management, or Port Authority, applicable to all activities relative to vessels, commodities and passengers traffic.

2. Notwithstanding the applicability of these Regulations, in the concessionary operating areas the activities will be subject to specific rules, drawn up by the concessionaires and approved by APDL.

Article 2

Definitions

For the purpose of the stipulations outlined in this set of regulations, the following definitions are established:

a) "Shipping Agents": businesses set up and licensed to carry out agency activities related to the consignment of vessels, as expressed in law;;
b) "IMDG Code": the international maritime dangerous goods code, applicable to maritime transport;
c) "Stowage Companies": companies licensed to carry out the cargo handling activity in the port zone, under the terms of the legislation in force;
d) "Port Operator": the company responsible for the port operation. It may or may not be licensed as a stowage company;
e) "Passengers": considered as all people over the age of one, who are transported on vessels that use the port premises and are not part of the respective crews.
f) "Port Services": service providers either belonging to the Port Management or individuals or companies authorised or licensed for this purpose. They render services in the maritime and land zones of the ports for the vessels, passengers and commodities;
g) "Deposit or Storage Zone": the temporary cargo storage zone;
h) "Working Zone": zone near the quay, where operations to load and unload commodities to and from ships take place;
i) "Transit Zone": zone for circulation and parking of vehicles;
j)"Port Zone": zone where activities linked to maritime trade are carried out.

 

Article 3

Operating Area

The port area reserved for the land operation is categorised into either a working zone, transit zone and deposit or storage zone.

Article 4

Authorities

1. In addition to the Port Authority, the following entities undertake their activity autonomously at the Ports of Douro and Leixões: customs authority, the maritime authority, the border-control authority, the health authority and the animal and vegetable hygiene authority.

2. The functions of each of the authorities mentioned above are exercised as part of the powers attributed by law.

 

Article 5

Powers

Within the operating area the Management has powers for the following:

a) Building and conservation of maritime and land port constructions;
b) Purchasing of seafaring and land equipment;
c) Authorising of the execution of any works;
d) Exercising or authorising commercial or industrial activities or services;
e) Managing and coordinating the navigation services;
f) Providing pilotage, towage and mooring services;
g) Licensing, coordinating and inspecting the activity of the stowage companies;
h) Licensing, coordinating and inspecting the activity of the shipping agents;
i) Licensing and regulating the activity or repairs and supplies for ships;
j) Licensing and regulating the supervisory and insurance inspections;
k) Promoting the safety of the port premises;
l) Applying the penalties outlined in the laws and regulations;
m) Charging fees for any activities or services rendered.
n) Resolution of cases not outlined.

 

Article 6

Exclusivity

The Ports of Douro and Leixões may only be operated directly by the respective management, or by licensed companies or concessionaires.

 

Article 7

Tariff Regulations

The APDL Tariff Regulations establish the tariffs and the rules for charging them for the use of facilities, equipment and services rendered.

 

Article 8

Port interest

1. For the purposes of applying these Regulations and other rules for which the Manager is an interested party, port interest is understood to mean a set of values that should be prosecuted by the Port Authority in the public interest, namely:

a) Guarantee safety and conservation of the infrastructures, premises, buildings and facilities of the port;
b) Safeguard the goods and environment of the estuary-maritime and land zones under its jurisdiction;
c) Protect the legitimate interests of the port community;
d) Optimise and rationalise the economic operation and development of the Ports of Douro and Leixões.

2. The application of the rules contained in these Regulations and those being drawn up may be lenient whenever the port interest justifies so.

SECTION II - General application rules

Article 9

Requests to the Management

1. The provision of services and the use of the Management's equipment requires a formal request through the computer application, on the specific form or through other means used by the Port Authority.

2. The users of the port will provide the Management with accreditation of their agents or representatives authorised to make requests.

3. Requests must be correctly filled in and delivered to the services within the deadlines established for the purpose. Failure to do so will render the requesters responsible for incomplete services or inability to satisfy the services desired.

4. Acceptance of the request presented under the terms outlined above does not oblige the Management to satisfy the requests, totally or partially, in accordance with the conditions, date, time and location intended, as this depends on the overall programme of services provided.

5. In the cases outlined in the above point, the requester shall be informed that the request cannot be satisfied as early as possible.

6. The Management may not provide services for safety reasons, lack of space or for lack of human or material resources.

7. The applicants will pay for the services requested, unless the services are not provided for any reason imputable to the Management.

 

Article 10

Supervision and coordination

1. In carrying out the supervisory and coordination functions, the Port Authority may intervene in the port activity.

2. The Management staff will be granted entrance on board vessels anchored or moored and access to private, licensed, leased or legally yielded premises and buildings, upon showing the permit or respective identification document when carrying out their functions.

 

Article 11

Rendering of information

The entities that use the port, in whatever regime or in whatever quality, are obliged to provide information and supply the statistical data or forecasts concerning the port activities upon request from the Management within and established deadlines.

 

Article 12

Repair of damage

1. Repair of defects or damage caused to equipment or other port goods will be carried out by the Management or exceptionally by the respective bodies upon request, under the technical inspection and guidance of the Management and within its fixed deadlines.


2. The Management will notify the causer or its representative, outlining the costs of carrying out the service and establishing a deadline for any request for repair by the causer.

3. If no reply is provided, the Management shall carry out the repairs and debit the respective fees.

 

Article 13

Guarantee of fees

1. In the event of non-payment of tariffs or other fees within the established deadline, the Management, notwithstanding legal action, will collect the deposit provided for this purpose and forbid activity if the deposit is not restored.

2. The relevant authorities may be requested not to authorise the departure of any ship that has payments outstanding to the Management until such are paid or covered by a deposit or guarantee.

3. The Management may demand immediate payment of tariffs or other fees, forbidding, if necessary, the withdrawal of commodities.

4. Whenever the Management sees fit, it shall demand the provision of a deposit or advance payment for the services provided.

 

Article 14

Hours of use and working hours of the ports

1. The Ports of Douro and Leixões operates24 hours a day, every day of the year.

2. The port services will operate so as to provide a regular and continuous service.

3. The port operations may be totally or partially suspended due to bad weather or for safety or other operational reasons. Any suspension of operations will be communicated as far in advance as possible.

4. In addition to that outlined in the previous point, the maritime authority, as outlined in Decree-Law no. 44/2002, of 2 March, may decide to close the harbour due to reasons arising from changes in public order, and after hearing the Port Authority based on reasons linked to the weather and sea conditions;

5. During total closure of operations, the port services will remain constantly in service or available.

CHAPTER II - Vessels

SECTION I

Definitions

Article 15

Vessels

1. Vessels are considered all water-borne vehicles of any nature, including those without draught, and hydroplanes, which are used in navigation and in maritime trade.

2. The following definitions clarify the special cases included in these Regulations and in the tariff regulations:

a) Passenger vessel – a vessel that transports more than twelve passengers;
b) Container vessel – a vessel that transports mainly containers;
c) Container-carrier – a vessel that transports solely containers;
d) Roll-on/roll-off or ro/ro – a vessel that allows entrance and exit of commodities between the quay and the vessel, and vice-versa, directly using wheeled vehicles;
e) Bulk carrier – a vessel that in general has only one deck, upper side tanks and lower side tanks in the cargo holds and is destined mainly for transport of dry bulk cargo. This definition includes vessels such as mineral carriers and combined cargo carriers;
f) Tanker– all vessel built or adapted to transport liquid bulk cargo of an inflammable nature;
g) Fishing vessel – a vessel used in the fishing industry, to catch fish, marine plants or other live resources from the sea;
h) Recreational vessel – non-profit generating vessel used for water sports, sports fishing or exclusively for recreational purposes.
i) Maritime-tourism boat – a vessel which is run for profit or for tourism promotion to carry out leisure, sports, cultural or teaching activities.

3. The classification of vessels mentioned in the above points, regarding the service they are allocated to and the zones in which they may exercise their activity is outlined in the General Captaincy Regulations.

 

Article 16

Characterising parameters

1. For the purposes of these Regulations the following terms are defined:

a) Gross tonnage – the overall measurement of the dimension of a vessel under the terms of the International Convention on Ship Tonnage, of 23 June 1969, generally shortened to GT;
b) Reduced gross tonnage – the gross tonnage of a vessel minus the tonnage of the segregated ballast tanks, in accordance with appendix I of the Marpol Convention 73/78 and under the terms of the dispatch from the Assistant Secretary of State to the Ministry of Equipment, Planning and Administration of the Territory no. 72-XIII/96, of 31 July;
c) Displacement – the total weight of the vessel expressed in metric tonnes, which is equivalent to the volume of water displaced by the keel of the vessel. In the case of surface war ships the maximum displacement, and in the case of submarines its displacement in immersion;
d) Gross deadweight – maximum weight of cargo, passengers and their luggage, fuel, water, supplies and spare parts, expressed in metric tonnes, and which corresponds to the difference between the weight of the loaded vessel and the weight of the unloaded vessel;
e) Net deadweight – maximum weight of cargo and passengers that, expressed in metric tonnes, the vessel can transport;

2. The tonnage of warships is that of normal displacement and of submersibles that of the immersion displacement, mentioned in the on-board documentation or in the respective plans, unless the tonnage certificate is shown, in which case that outlined on the certificate will prevail.

 

Article 17

Shipping agents

1. Only shipping agents that have been granted a licence by the Management, under the terms of the legislation in force, may undertake their activity in the Ports of Douro and Leixões.

2. For the purposes of these Regulations, all the references to shipping owners or maritime carriers also cover freighters, charters, conferences and maritime companies, as well as proprietors owners of vessels that do not operate them directly. These entities may be represented before the Management by shipping agents duly credentialed for the purpose.

3. In every agency the shipping agents should be able to provide proof of their representation of the shipping owner or the maritime carrier.

SECTION I - Definitions

Article 15

Vessels

1. Vessels are considered all water-borne vehicles of any nature, including those without draught, and hydroplanes, which are used in navigation and in maritime trade.

2. The following definitions clarify the special cases included in these Regulations and in the tariff regulations:

a) Passenger vessel – a vessel that transports more than twelve passengers;
b) Container vessel – a vessel that transports mainly containers;
c) Container-carrier – a vessel that transports solely containers;
d) Roll-on/roll-off or ro/ro – a vessel that allows entrance and exit of commodities between the quay and the vessel, and vice-versa, directly using wheeled vehicles;
e) Bulk carrier – a vessel that in general has only one deck, upper side tanks and lower side tanks in the cargo holds and is destined mainly for transport of dry bulk cargo. This definition includes vessels such as mineral carriers and combined cargo carriers;
f) Tanker– all vessel built or adapted to transport liquid bulk cargo of an inflammable nature;
g) Fishing vessel – a vessel used in the fishing industry, to catch fish, marine plants or other live resources from the sea;
h) Recreational vessel – non-profit generating vessel used for water sports, sports fishing or exclusively for recreational purposes.
i) Maritime-tourism boat – a vessel which is run for profit or for tourism promotion to carry out leisure, sports, cultural or teaching activities.

3. The classification of vessels mentioned in the above points, regarding the service they are allocated to and the zones in which they may exercise their activity is outlined in the General Captaincy Regulations.

 

Article 16

Characterising parameters

1. For the purposes of these Regulations the following terms are defined:

a) Gross tonnage – the overall measurement of the dimension of a vessel under the terms of the International Convention on Ship Tonnage, of 23 June 1969, generally shortened to GT;
b) Reduced gross tonnage – the gross tonnage of a vessel minus the tonnage of the segregated ballast tanks, in accordance with appendix I of the Marpol Convention 73/78 and under the terms of the dispatch from the Assistant Secretary of State to the Ministry of Equipment, Planning and Administration of the Territory no. 72-XIII/96, of 31 July;
c) Displacement – the total weight of the vessel expressed in metric tonnes, which is equivalent to the volume of water displaced by the keel of the vessel. In the case of surface war ships the maximum displacement, and in the case of submarines its displacement in immersion;
d) Gross deadweight – maximum weight of cargo, passengers and their luggage, fuel, water, supplies and spare parts, expressed in metric tonnes, and which corresponds to the difference between the weight of the loaded vessel and the weight of the unloaded vessel;
e) Net deadweight – maximum weight of cargo and passengers that, expressed in metric tonnes, the vessel can transport;

2. The tonnage of warships is that of normal displacement and of submersibles that of the immersion displacement, mentioned in the on-board documentation or in the respective plans, unless the tonnage certificate is shown, in which case that outlined on the certificate will prevail.

 

Article 17

Shipping agents

1. Only shipping agents that have been granted a licence by the Management, under the terms of the legislation in force, may undertake their activity in the Ports of Douro and Leixões.

2. For the purposes of these Regulations, all the references to shipping owners or maritime carriers also cover freighters, charters, conferences and maritime companies, as well as proprietors owners of vessels that do not operate them directly. These entities may be represented before the Management by shipping agents duly credentialed for the purpose.

3. In every agency the shipping agents should be able to provide proof of their representation of the shipping owner or the maritime carrier.

SECTION II - Mooring and unmooring of vessels

Article 18

Notification of arrival

1. All vessels should, as far in advance as possible, communicate the expected time of arrival to the Port Authority using the arrival notification to be input into the computer application used by the Management, containing the compulsory information.

2. Whenever any of the details provided are changed, the alterations must be transmitted immediately to the Vessel Coordination Station or the VTS control centre, via the computer application used by the Port Authority or by the most suitable means when this application is not available.

3. Damages of any kind that derive from wrongful information shall be entirely the responsibility of the entity that supplied it.

4. The formalities mentioned in number 1 of this article do not have to be complied with by fishing vessels that do not moor at the commercial quays.

 

Article 19

Service booking

1. The provision of maritime operation services for vessels, namely pilotage, towage and mooring, is subject to request under the terms of the following points.

2. The request for the services mentioned in the above point is carried out by the shipping agent through inputting the data in the Manoeuvre Request in the computer application used by the Port Authority.

3. The Port Authority only guarantees provision of services provided that the request is made at least one hour before the service is required.

4. Changes or cancellation of the services requested, implying alterations to the port planning, must be undertaken as far in advance as possible so as to allow better satisfaction of the requests.

5. The regulations and deadlines for changes or cancellation of maritime operation services are established in Appendix 1 of these regulations.

 

Article 20

Vessel mooring order

1. The vessels will moor at the Port of Leixões in the quays destined for embarkation or disembarkation of cargo or passengers, in the order of arrival at the 6-mile radius line, centred on the breakwater beacon of the Port of Leixões.

2. For vessels that approach the Port of Douro, the mooring order is decided from the time in which they entered into the 6-mile area of the Port of Leixões.

3. For vessels that are undertaking operations at the Port of Leixões and which afterwards approach the Port of Douro to moor there, the time they finished their operations will be considered.

4. For reasons of port interest or other duly recognised reasons, namely tide, daylight, sea or weather conditions, the Port Authority may change the order of mooring the vessels.

 

Article 21

Mooring priorities

1. The following vessels shall have priority in mooring and undertaking commercial operations in relation to other vessels:

a) Vessels that, due to public or port interest, the Management deems should have mooring preference over others;
b) Vessels that the maritime authorities deem should immediately moor for safety reasons affecting the boat or its crew;
c) Vessels of specific traffic in the quays destined for this traffic.

2. Vessels that moor at quays dedicated to specific traffics for which they do not have priority shall be obliged to change quay or even anchor, should no harbour be available, in favour of those that have priority.

 

Article 22

Booking of place in the event of congestion

In the event of congestion at the Port of Leixões, after the 6-mile control the vessels may leave and moor at other ports, without losing their order of arrival, and should comply with the following rules for this purpose:

a) The shipping agency of the vessel shall inform the Port Authority beforehand that the vessel shall leave the port during the period of time expected until its mooring turn arrives;
b) The vessel, at the time it is to moor in line with the established mooring order, must have already been registered by the VTS control centre as entering the 6-mile line at least three hours before its mooring berth is scheduled to be free;
c) In the event of any vessel not satisfying the conditions outlined in the above line, it will lose its turn to moor and shall be treated like any other vessel that moors at the port for the first time, booking its position in order of arrival.

 

Article 23

Loss of mooring position

1. Vessels that enter the ports and which, having secured their place in the harbour, do not intend to begin work immediately, will lose their position in relation to others that intend to start working immediately.

2. Whenever there are vessels waiting their turn to moor and there are other vessels moored that are not undertaking operations, the latter will unmoor to give way to those that are ready to begin operations.

3. The vessels unmoored under the terms of the above point shall occupy the first vacant quay. The vessel owners are responsible for costs incurred in moving to and from the quay.

 

Article 24

Authority over mooring, unmooring and changing of quay

1. No vessel may moor or unmoor without prior authorisation from the Port Authority.

2. The Port Authority services may order the unmooring or changing of place of any moored vessel, whenever it is deemed in the best interests of the port.

 

Article 25

Allocating mooring locations

The Port Authority shall establish the mooring sites of the different vessels in accordance with their characteristics, length and draught, depth of the docks, nature of the commodities to be handled, appropriate equipment to carry out the service, storage areas available and other factors that are necessary to consider.

 

Article 26

When is a vessel considered moored or unmoored?

1. A vessel is considered moored to the quay or another vessel from the moment the first rope is passed to the quay or the other vessel.

2. A vessel is considered unmoored from the quay or from the other vessel from the moment the last rope is released from the quay or the other vessel.

 

Article 27

Long vessels

In special cases, and provided that the safety conditions allow so, the Port Authority, after obtaining agreement from the captains of the vessels involved, may authorise mooring of a vessel outside others already moored to the quay.

 

Article 28

Precautions to be taken by vessels in mooring and unmooring

1. When mooring to the quay, vessels shall take care to avoid damage or destruction to works, premises or facilities of the port.

2. Before mooring the vessel must have the prow and stern winches ready for action, putting davits, gangway planks, cargo derricks, life-buoys and anchors inside, apart from the opposite side to the quay where it will moor, so as not to interfere with the bollards and defences, quay or the cranes.

3. When mooring to other vessels, the same measures to those mentioned in the above point shall be taken.

4. All vessels shall also adopt appropriate measures so that during their stay and unmooring no damage is caused.

5. If the weather or sea conditions are liable to put the vessel itself, the port facilities or third parties in danger, the captain of the vessel shall take all the necessary precautions, taking special care in embarkation operations with the quay, cranes, bollards and defences and monitor the stress of the ties at various levels of cargo and different states of the tide.

 

Article 29

Vessels taking shelter

1. Vessels in danger due to breakdown, fire, unshackled cargo, or any other reasons, may only enter the port after the risk has been assessed in accordance with the criteria of the Port Authority and in the knowledge of the maritime authority.

2. Vessels mentioned in the previous point, when authorised to enter the port shall have priority in mooring at the quay as established by the Port Authority, to unload the commodities, rectify the hold or repair any breakdowns, while the causes of danger persist in accordance with the criteria of the maritime authority and communicating the situation to the maritime authority.

3. Vessels that are taking shelter and which later intend to carry out commercial operations, after complying with the normal formalities outlined in these Regulations, shall book their mooring position to undertake these operations from the moment they communicate their intention to work, but may never change the plan already drawn up by the Port Authority with regard to the vessels announced for that day.

 

Article 30

Vessels that are not carrying out operations

1. After completing their operations, vessels shall finish their unmooring process forty-five minutes or one and a half hours after the end of the operations respectively for specialised vessels and for conventional vessels, notwithstanding that established in point 2 or other responsibilities of the vessel in relation to third parties.

2. The Port Authority may exceptionally authorise the time limits established in the above point to be prolonged, provided that this is requested beforehand, duly grounded, and it does not cause damages to the port or third parties.

3. Vessels that having completed their operations need to remain moored for certain operations, such as fuelling, undertaking repairs and special pontage, must request advance authorisation from the Port Authority. If granted permission, the vessel may be moved to another more convenient place in the port, and must bear all expenses thereof.

4. Any vessel that intends to moor without carrying out operations shall only be authorised to do so if there are free quays and they do not impair other vessels. Vessels in this situation must leave as soon as these conditions no longer remain.

 

Article 31

Unmooring of a vessel without finishing its operations

1. When a vessel moves from one quay to another in order to continue unloading or loading without having left the port in the meantime, it will be considered constantly moored.

2. When a vessel, moored within the same fiscal countermark, interrupts its operations and receives authorisation to lay anchor in the port, subsequently mooring to complete its loading/unloading, it will be subject to payment of the fee for use of the port applicable to ships during the time it is anchored, as if it was moored.

3. When a vessel interrupts its operations within the same fiscal countermark and anchors outside the port, subsequently returning to moor to complete its loading/unloading, the period of absence will not be considered for the purpose of application of the payment of the fee for use of the port applicable to ships. The new entrance shall be considered a continuation of the above one.

Article 32

Obligation of high productivity

1. All vessels undertaking commercial operations that are equipped with normal working facilities are obliged to have a productivity throughput considered satisfactory by the Management.

2. When the productivity throughput of the operations of a vessel is considered unsatisfactory, the Port Authority may order it to unmoor, and all resulting expenses will be charged to the entity responsible for the low productivity.

3. Vessels removed from the quay in accordance with that established in the above point are entitled to first place in the list of vessels awaiting mooring, from the moment it guarantees the Port Authority that it is able to achieve the productivity throughput required.

SECTION III - Pilotage

Article 33

Pilot Assistance

The manoeuvring of vessels that enter the Ports of Douro and Leixões shall be assisted by pilots, under the terms of applicable legislation, for the entrance to and exit from the port, navigating, mooring or unmooring, changing mooring location, anchoring or executing any other manoeuvre within the ports.

SECTION IV - Towage

Article 34

Obligation to use tugboats and launches

1. The Management owns tugboats and launches to provide services to the vessels, inside and outside its area of jurisdiction.

2. It is forbidden for any other entity to carry out tugboat services inside the jurisdiction area of the Port Authority, except duly justified and authorised by the Management.

3. The regulations dictating the use of the tugboat service are established in Appendix 2 of these regulations.

 

Article 35

Responsibility of tugboat

1. The captain of the towed vessel has absolute command over the ship and tugboat. The pilots of the tugboats are under his orders.

2. The towed vessel shall issue all orders to be executed by the tugboats, which are simply manoeuvring aids. The captain of the towed vessel is responsible for all and any breakdown caused or suffered in the course of the manoeuvres.

3. The captain of the towed vessel shall be responsible for the safety of the tugboats. The propeller of the vessel must not function whenever this poses danger to the tugboats.

4. The captain of the boat to be towed is subject to all stipulations of these Regulations, which he must acquaint himself with, directly or through his shipping agent.

5. The towed vessel, generally, shall provide the tugboat rope.

6. The tugboat may also provide its tugging rope, if requested by the towed vessel.

SECTION V - Mooring

Article 36

Mooring service

The land mooring service is provided by staff of a company contracted by APDL or by other staff duly authorised by the Management.

 

Article 37

Supply of mooring apparatus

1. The necessary ropes and other mooring apparatus shall be supplied by the vessels themselves and must be appropriate in number and characteristics to ensure perfect mooring.

2. The mooring ropes may be rented from the Management, provided they are available for this purpose.

 

Article 38

Use of mooring facilities

1. The mooring cables may only be tied around the bollards provided for this purpose.

2. Wire cables may be used, provided that they are duly protected so as not to damage the edge of the quay or the bollards.

3. Chains are forbidden for mooring to the bollards.

 

Article 39

Safety of the mooring ties

1. Captains cannot refuse to strengthen or replace the ties and take all precautions and measures communicated to them by the Port Authority.

2. Upon mooring the vessel, captains are responsible for maintaining safety, monitoring the ties and loosening and rounding the ropes, in accordance with the variation in the water level.

SECTION VI - Safety and obligations of the vessels

Article 40

Vessel safety

The safety procedures of the moored vessels or vessels undertaking manoeuvres are established in the Maritime and Port Safety Regulations, approved by the Management, namely with regard to the conditions concerning placement of access gangway planks and steps, immobilisation of the ship engine, crew to remain on board for navigation and port safety, and use of cargo booms and ship boats.

 

Article 41

Vessels that transport dangerous or polluting commodities

1. Vessels that transport dangerous commodities, as well as those that are propelled using nuclear energy, may only moor after being authorised to do so by the Management, in accordance with the instructions given.

2. Vessels shall moor to the quay that they are designated, complying with the stipulations that are issued with regard to the precautionary measures to be adopted, namely the distance in relation to other vessels, security guards appointed and safety equipment to be used. All derived charges shall be borne by the vessel's operators.

3. The vessels mentioned in the above point must take all protective measures for the personnel involved in the manoeuvres, loading or unloading operations, complying with the safety rules in effect for each case.

4. The Vessels that transport dangerous commodities shall be ready to unmoor at any moment in the event of an emergency.

5. All ships that are transporting hazardous or polluting substances are obliged to present a declaration outlining the loading, unloading or onboard storage of these products to the Port Authority according to the applicable Maritime and Port Safety Regulations.

 

Article 42

Fires on board

1. Captains of moored vessels shall take all precautions to avoid fires on board, as well as to maintain all the fire-fighting equipment in good working conditions.

2. If a fire is declared on board of any moored vessel , the captain shall request the necessary help to quickly extinguish the fire and immediately warn the VTS control centre.

3. If it becomes clear that the fire is putting the rest of the port navigation at risk, the vessel will be asked to unmoor and lay anchor in the open sea, except if this manoeuvre represents a larger risk.

4. All expenses resulting from the fire, including unmooring and re-mooring of the vessel, shall be borne by the operators of the vessel in question.

 

Article 43

Experimentation of machines

1. Moored vessels cannot carry out experiments on machines without prior authorisation from the Port Authority.

2. If authorisation is granted to experiment the machines and damages occur, responsibility shall be imputed to the vessel in question.

 

Article 44

Objects and commodities dropped overboard

1. Captains or agents of the vessels are obliged to warn the Port Authority of any objects or commodities that have fallen overboard that were not transported by the port operators or the Management, requesting their removal.

2. Search or recovery expenses incurred shall be borne by the vessels, unless responsibility for the object dropped overboard is imputed to third parties.

 

Article 45

Depositing of materials on the quays

1. Vessels are forbidden from depositing materials or solid waste on the quays or on the adjacent embankments.

2. The waste collection service is provided upon request from the shipping agents, in compliance with that established in the Port Authority waste collection regulations.

 

Article 46

Responsibility for damage

1. Captains of the vessels are responsible for any damage or faults caused to the quay, or any of the equipment belonging to the Management or under its guard, during the mooring, exiting or stay of its ships.

2. If a vessel suffers damage caused by the staff or equipment belonging to the Management, it must communicate this immediately for all responsibility to be apportioned.

 

Article 47

Recreational and fishing vessels

Use of the port installations by recreational and fishing vessels and provision of services to them by the Management shall be subject to specific regulations, notwithstanding these Regulations and other applicable legislation.

CHAPTER III - Commodities

SECTION I

General stipulations

Article 48

Classification of cargo

1. For the purposes of these Regulations, the cargo shall be classified as general cargo and bulk cargo.

2. General cargo is considered:

a) Break-bulk – when it is loose, unpacked or not partitioned;
b) Unitary – when it is in undividable units and it is handled by efficient mechanical means;
c) Unitised – when it is a single volume, the most common of which are palleted, containerised or Ro-Ro cargoes.

3. The following are considered unitised general cargo:

a) Palleted – when stacked on a platform or rafters that enable easy mechanical insertion and handling, with dimensions and weights within certain limits;
b) Containerised – when stored in containers.
c) Ro-ro – Ro-Ro units and commodities (containerised and non-containerised) that enter and leave the ship that transports them by sea.

4. A container is considered the means used to pack commodities for the purposes of transport (liftvan, removable cistern, removable superstructure or other similar structure) that meets the following requirements:

a) Constituting a compartment, completely or partially closed, used to contain commodities;
b) Has permanent characteristics, and is therefore sufficiently resistant to be able to be used several times;
c) Specifically designed to aid the handling of commodities, through one or several means of transport, without intermediate loading;
d) Designed to be handled easily, particularly when switching from one means of transport to another;
e) May be easily filled and emptied;
f) Has internationally standardised dimensions.

5. The definition of a container covers the respective accessories and equipment in compliance with its category, and does not include vehicles and respective accessories or separate parts or packages.

6. Cargo or flat platforms are equivalent to containers.

7. Bulk cargo covers commodities without packaging, and may be solid or liquid.

8. Solid bulk cargo is transported loose and cannot be counted in units.

9. Cargo that owing to its characteristics requires special precautions in its transport or movement is classified as special cargo.

10. For the purposes of the classification mentioned in the above point, "special cargo" are considered perishable commodities all commodities classified as dangerous by the IMDG code (IMO), those defined as pollutants by the Management and those that due to their high commercial value require special storage care .

 

Article 49

Customs Destinations and Regimes for Commodities

1. The customs destinations and regimes of commodities at the Ports of Douro and Leixões comply with that fixed in the CEE regulation no. 2913/92 of the Council, of 12 October 1992, which establishes the Community Customs Code.

2. Extracts of the CEE regulation no. 2913/92 of the Council are transcribed in Appendix 3, regarding the commodities customs destinations and regimes.

 

Article 50

Relations between the Port Authority and customs

The Management and customs authorities will provide details to each other of all data related to commodities, vehicles and passengers processed through the port operating area.

 

Article 51

Manifests

1. The shipping agents or their legitimate representatives are obliged to deliver copies of the manifests to be unloaded and loaded to the Port Authority. The manifesto shall outline the name of the vessel and its captain, the complete description of the commodities, per port of origin and of destination, their bill of lading, makes, numbers and weights and also the quality and quantity of their packages and any other details related to the commodities, namely their classifications according to the customs code (NC) and IMDG code (IMO).

2. The manifests shall be delivered to the Port Authority together with a declaration from the shipping agent indicating the quantity of pages delivered, all of which must be initialled, and the fiscal countermark. The shipping agent must clarify and correct any discrepancies found by the Management.

3. The loading and unloading manifests must be delivered to the Port Authority, until 8.00pm of the next working day after mooring and until departure of the vessel respectively.

4. Any corrections to these unloading and loading manifests shall be delivered to the Port Authority by 8.00pm on the day immediately following the departure of the vessel, and will be subject to reciprocal information between the port and customs authorities.

5. The manifests of the commodities to unload or load shall comply with the following requirements:

a) If the manifest is written in a language other than Portuguese or English, the original must be enclosed with a full translation in Portuguese or English and must be legible;
b) Indication of the weights in metric units or duly converted;
c) Note of rectifications.

6. Manifests linked to containerised commodities must also outline the following details:

a) Total tonnage of the commodities to be unloaded and loaded;
b) Partial tonnage relative to each port of embarkation or destination;
c) Tares of the containers grouped according to their dimensions and for each port of embarkation or destination;
d) Tares of containers with dimensions less than 20' and the weight of the commodities for each one, when grouped or transported on flats or half-bins;
e) Number of containers unloaded and loaded, apart from those that need to be taken off board or onto land to aid operations;
f) Itemisation of load per container and indication of the respective weights;
g) Indication, in a visible form and without intermingling with other notes, of the weight referring to the volumes of each bill of lading.
h) Identification of the container (nr. and abbreviation) where the commodities are transported and the stamp number;
i) Indication of the receiver or loader.

7. Manifests that have not been filled in according to the stipulations outlined in points 5 and 6 shall be rejected. They may be substituted within 24 hours.

8. Failure to comply with the stipulations and deadlines outlined in the above points may lead the Port Authority to forbid the start of operations, or suspend them until the stipulations are complied with.

 

Article 52

Unloading and Loading Lists and Operation Reports

1. Ships transporting containers must deliver container unloading and loading lists before arrival of the vessel.

2. Ships transporting general cargo or bulk cargo, apart from those that moor in the petrol terminal, must deliver the Operation Report immediately after transport of the commodity.

3. The documents mentioned in the previous points must be sent by the stowage companies through a computer application used by the Port Authority.

 

Article 53

Responsibility for commodities

The Management's responsibility, as outlined in no. 5 of article 22 of Decree-Law no. 298/93, of 28 August, will only become effective provided the following conditions have been complied with:

a) Express request from the interested party;
b) The commodities delivered are subject to joint checking with the Management agent, both in the act of reception and in the act of collection;
c) The commodities will be deposited inside the port site, at a location indicated by the Management and the respective costs of the transport is debited.

 

Article 54

Transfer of responsibility

1. Responsibility for the commodities deposited on the Management's premises may be transferred to third parties.

2. Responsibility for commodities deposited may only be transferred when the entity initially responsible for them informs the Management in writing that its consents to the transfer, and the newly responsible entity accepts this responsibility in writing.

3. Transfer of responsibility for the commodities under the terms of above point implies payment of the Management's invoices for expenses linked to the commodities by the initially responsible entity until the moment responsibility is transferred. From this point onwards the newly responsible entity will be responsible for the subsequent payments.

SECTION I - General Stipulations

Article 48

Classification of cargo

1. For the purposes of these Regulations, the cargo shall be classified as general cargo and bulk cargo.

2. General cargo is considered:

a) Break-bulk – when it is loose, unpacked or not partitioned;
b) Unitary – when it is in undividable units and it is handled by efficient mechanical means;
c) Unitised – when it is a single volume, the most common of which are palleted, containerised or Ro-Ro cargoes.

3. The following are considered unitised general cargo:

a) Palleted – when stacked on a platform or rafters that enable easy mechanical insertion and handling, with dimensions and weights within certain limits;
b) Containerised – when stored in containers.
c) Ro-ro – Ro-Ro units and commodities (containerised and non-containerised) that enter and leave the ship that transports them by sea.

4. A container is considered the means used to pack commodities for the purposes of transport (liftvan, removable cistern, removable superstructure or other similar structure) that meets the following requirements:

a) Constituting a compartment, completely or partially closed, used to contain commodities;
b) Has permanent characteristics, and is therefore sufficiently resistant to be able to be used several times;
c) Specifically designed to aid the handling of commodities, through one or several means of transport, without intermediate loading;
d) Designed to be handled easily, particularly when switching from one means of transport to another;
e) May be easily filled and emptied;
f) Has internationally standardised dimensions.

5. The definition of a container covers the respective accessories and equipment in compliance with its category, and does not include vehicles and respective accessories or separate parts or packages.

6. Cargo or flat platforms are equivalent to containers.

7. Bulk cargo covers commodities without packaging, and may be solid or liquid.

8. Solid bulk cargo is transported loose and cannot be counted in units.

9. Cargo that owing to its characteristics requires special precautions in its transport or movement is classified as special cargo.

10. For the purposes of the classification mentioned in the above point, "special cargo" are considered perishable commodities all commodities classified as dangerous by the IMDG code (IMO), those defined as pollutants by the Management and those that due to their high commercial value require special storage care .

 

Article 49

Customs Destinations and Regimes for Commodities

1. The customs destinations and regimes of commodities at the Ports of Douro and Leixões comply with that fixed in the CEE regulation no. 2913/92 of the Council, of 12 October 1992, which establishes the Community Customs Code.

2. Extracts of the CEE regulation no. 2913/92 of the Council are transcribed in Appendix 3, regarding the commodities customs destinations and regimes.

 

Article 50

Relations between the Port Authority and customs

The Management and customs authorities will provide details to each other of all data related to commodities, vehicles and passengers processed through the port operating area.

 

Article 51

Manifests

1. The shipping agents or their legitimate representatives are obliged to deliver copies of the manifests to be unloaded and loaded to the Port Authority. The manifesto shall outline the name of the vessel and its captain, the complete description of the commodities, per port of origin and of destination, their bill of lading, makes, numbers and weights and also the quality and quantity of their packages and any other details related to the commodities, namely their classifications according to the customs code (NC) and IMDG code (IMO).

2. The manifests shall be delivered to the Port Authority together with a declaration from the shipping agent indicating the quantity of pages delivered, all of which must be initialled, and the fiscal countermark. The shipping agent must clarify and correct any discrepancies found by the Management.

3. The loading and unloading manifests must be delivered to the Port Authority, until 8.00pm of the next working day after mooring and until departure of the vessel respectively.

4. Any corrections to these unloading and loading manifests shall be delivered to the Port Authority by 8.00pm on the day immediately following the departure of the vessel, and will be subject to reciprocal information between the port and customs authorities.

5. The manifests of the commodities to unload or load shall comply with the following requirements:

a) If the manifest is written in a language other than Portuguese or English, the original must be enclosed with a full translation in Portuguese or English and must be legible;
b) Indication of the weights in metric units or duly converted;
c) Note of rectifications.

6. Manifests linked to containerised commodities must also outline the following details:

a) Total tonnage of the commodities to be unloaded and loaded;
b) Partial tonnage relative to each port of embarkation or destination;
c) Tares of the containers grouped according to their dimensions and for each port of embarkation or destination;
d) Tares of containers with dimensions less than 20' and the weight of the commodities for each one, when grouped or transported on flats or half-bins;
e) Number of containers unloaded and loaded, apart from those that need to be taken off board or onto land to aid operations;
f) Itemisation of load per container and indication of the respective weights;
g) Indication, in a visible form and without intermingling with other notes, of the weight referring to the volumes of each bill of lading.
h) Identification of the container (nr. and abbreviation) where the commodities are transported and the stamp number;
i) Indication of the receiver or loader.

7. Manifests that have not been filled in according to the stipulations outlined in points 5 and 6 shall be rejected. They may be substituted within 24 hours.

8. Failure to comply with the stipulations and deadlines outlined in the above points may lead the Port Authority to forbid the start of operations, or suspend them until the stipulations are complied with.

 

Article 52

Unloading and Loading Lists and Operation Reports

1. Ships transporting containers must deliver container unloading and loading lists before arrival of the vessel.

2. Ships transporting general cargo or bulk cargo, apart from those that moor in the petrol terminal, must deliver the Operation Report immediately after transport of the commodity.

3. The documents mentioned in the previous points must be sent by the stowage companies through a computer application used by the Port Authority.

 

Article 53

Responsibility for commodities

The Management's responsibility, as outlined in no. 5 of article 22 of Decree-Law no. 298/93, of 28 August, will only become effective provided the following conditions have been complied with:

a) Express request from the interested party;
b) The commodities delivered are subject to joint checking with the Management agent, both in the act of reception and in the act of collection;
c) The commodities will be deposited inside the port site, at a location indicated by the Management and the respective costs of the transport is debited.

 

Article 54

Transfer of responsibility

1. Responsibility for the commodities deposited on the Management's premises may be transferred to third parties.

2. Responsibility for commodities deposited may only be transferred when the entity initially responsible for them informs the Management in writing that its consents to the transfer, and the newly responsible entity accepts this responsibility in writing.

3. Transfer of responsibility for the commodities under the terms of above point implies payment of the Management's invoices for expenses linked to the commodities by the initially responsible entity until the moment responsibility is transferred. From this point onwards the newly responsible entity will be responsible for the subsequent payments.

SECTION II - Movement of commodities

Article 55

Port operations

1. A port operation is the activity of handling cargo to be loaded or unloaded in the port zone, encompassing stowage, checking, loading, unloading, transhipment, handling and organisation of commodities on the quay, in addition to the formation and separation of cargo units and the reception, storage and forwarding of commodities undertaken by entities legally authorised for the purpose.

2. Port operations with regard to handling on board of the ships are called stowage unloading or stowage loading.

3. Port operations with respect to the handling of cargo inside the port land zones, from their entrance until their exit, are called traffic operations.

4. Traffic can be:

a) Direct – when the commodities are handled directly from the ship to the means of transport that will take it out of the port or vice-versa;
b) Semi-direct – when the commodities are loaded from the ship to the quay, and then loaded to the means of transport that will take it out of the port or vice-versa;
c) Indirect – when the commodities are unloaded from the ship to the quay, stored in a given place, and subsequently loaded onto a means of transport that will take it out of the port or vice-versa.

 

Article 56

Decision as to the means of transport

In carrying the coordination of the port operations, the Management may decide, for any kind of commodities, that it will be transported by any of the means outlined in these Regulations.

 

Article 57

Precaution in the handling of commodities

1. The handling of commodities must be carried out in compliance with the regulations of the Safety Manual in force in the ports.

2. Commodities shall be handled with the suitable means of transport and care, avoiding any loss or damage, including losing commodities overboard.

3. Should any object or commodity fall into the sea, this must the communicated immediately to the Port Authority. The port operator shall proceed with its search and removal within the deadline established for the purpose.

4. If the port operator does not comply with the removal obligation outlined in the above point, the Management shall arrange its removal at the expense of the port operator.

5. The loading, unloading and transfer of dangerous goods or chemical products that are subject to special safety rules will be undertaken in accordance with the regulations approved by the Management.

6. When the cargo to be handled includes commodities that exude smells liable to affect others, or cargo that must be preserved from any impurities during its stay at the port, the port operator responsible for transporting it must take suitable special measures.

7. The quay floor, embankments, warehouses and other port premises must not be damaged.

8. Necessary precautions must be taken so that, during handling and transport, commodities do not fall or spill overboard.

SECTION III - Warehousing

Article 58

Warehousing of commodities

1. The commodities unloaded or loaded can be deposited in warehouses or on the embankments provided by the Management for this purpose upon prior request made using the computer application or other means used by the Port Authority. Management shall decide the location where the commodities can be deposited.

2. Warehousing is considered the parking of commodities in the port, whether in the quays, embankments, warehouses or sheds, or in the vehicles that transport them.

3. Warehousing may be:

a) Covered – whereby the commodities are stored in warehouses, sheds or any locations duly sheltered from the atmospheric conditions;
b) Uncovered – in all other locations.

 

Article 59

Covered warehousing

1. The Management may decide on covered warehousing for commodities that may deteriorate if placed in the open air.

2. The Management may refuse covered storage for commodities that are not convenient to place in a warehouse.

 

Article 60

Prohibition of warehousing in working or transit zones

1. Commodities unloaded or to be loaded may not remain in working or transit zones beyond the service periods of the ships. They must be placed, by the supervisors, in the storage zones set aside for them.

2. The Management may authorise that certain commodities remain next to ships, during the time in which they are moored in the respective port, and provided that the commodities do not cause damage to third parties.

 

Article 61

Storage of dangerous commodities

1. Dangerous commodities must be stored in compliance with the Maritime and Port Safety Regulations and the Safety Manual regulations in force at the ports.

2. Storage of explosive commodities or goods in the port is prohibited.

3. In exceptional duly grounded cases, and provided that all legal safety conditions are complied with, the Management may authorise storage of commodities mentioned in the above point. This authorisation is subject to direct and permanent monitoring by the interested party, appropriate signposting at the location the goods are deposited, the presence of firemen provided with suitable safety equipment, provision of a civil liability guarantee covering personal and material damage arising from any propagation of fire and other measures deemed indispensable to ensure complete safety.

4. The warehousing of inflammable commodities, fuel, oxidants and other goods considered dangerous will be permitted provided that the regulations in force are complied with, notwithstanding the imposition of the adoption of special measures by the interested parties when the Port Authority deems it advisable.

5. The Management may forbid the storage at its location of any commodities considered noxious, and may order its removal to other locations or out of the port.

 

Article 62

Damaged commodities

1. Commodities that are damaged and are not loaded immediately shall be stored, with knowledge of Customs, at the locations and for the periods established by the Management. The Management will not be held responsible for any loss or damage of commodities, unless it states otherwise.

2. Commodities unloaded that are not reloaded and are decomposing or rotten shall immediately be removed in compliance with customs regulations.

3. Charges inherent to the operation mentioned in the above point and any other resulting thereof shall be the responsibility of the agent of the commodity, or if this is not known or does not exist, the ship-owner or maritime carrier.

 

Article 63

Allotment of commodities

1. The entities authorised to store the commodities are obliged to allot them in conditions that pose no danger to the staff, commodities, equipment or premises.

2. The allotment of loads must also permit good profiting of premises, occupying the minimum amount of surface area and height possible.

3. The Port Authority may suspend or change the commodities allotment tasks, whenever the principles established in the above point are not complied with or when the relevant regulations are not observed.

4. Damage caused by failure to comply with the regulations established in the above points shall be the responsibility of the stowage companies.

 

Article 64

Removal of commodities and equipment

1. In exercising its coordination, the Port Authority may order the removal of goods or equipment deposited or parked in its quays, warehouses and levelled land, whenever circumstances dictate so.

2. When the entities responsible for the commodities do not proceed with their removal within the deadlines established, the quays, warehouses and levelled land may be cleared by the Management Services at the expense of the entities that own the commodities, who shall have no right to compensation.

 

Article 65

Rubbish and waste removal

1. The Management is responsible for cleanliness and rubbish collection.

2. The cleanliness of the areas used, as well as rubbish collection resulting from the handling of commodities during the undertaking of port operations shall be carried out by the Management.

3. Whenever the production of rubbish results from negligence or improper handling of commodities, the Management shall debit the cost of the respective removal.

CHAPTER IV - Passengers

Article 66

Passenger regime

1. Passengers are considered maritime passengers or river passengers depending on respective transport.

2. Passengers are also separated into the following categories:

a) Embarkation – passengers who begin their journey at the Port of Leixões;
b) Disembarkation – passengers who end their journey at the Port of Leixões;
c) In transit – those who, travelling aboard vessels that arrive at the port, continue their journey in the same boat. They may disembark and re-embark during the stop.

 

Article 67

List of maritime navigation passengers

1. The shipping agents that transport passengers must notify the Port Authority of the number of passengers to embark and disembark and the expected time of luggage and passenger throughput, using the computer application, specific forms or other means used by the Port Authority.

2. The shipping agent is responsible for all damages resulting from non-compliance with that outlined in the previous point.

 

Article 68

Disembarkation and embarkation of maritime navigation passengers

1. Passengers shall disembark and embark at the locations indicated by the Port Authority, using the appropriate gangways.

2. Access to the embarkation and disembarkation locations is authorised for passengers who carry identification documents, as well as the documents required by the maritime, customs and border control authorities.

 

Article 69

Maritime navigation luggage

1. Cabin luggage will be transported directly by the Management or through the entity contracted or licensed for the purpose.

2.  The Port Authority Services shall establish the timetables for the start and end of each luggage removal operation, as well as coordinating and inspecting the respective service, notwithstanding the powers conferred by law to other authorities.

3. Transport of the luggage from the cabin at disembarkation includes transport from the vessel to the location where the customs search shall take place and from here to the outer door of the maritime station. A vehicle may or may not be used.

4. Transport of the luggage from the cabin at embarkation includes transport from the outer door or the maritime station entrance to the location where the customs search shall take place and from here to the vessel. A vehicle may or may not be used.

5. Transport of luggage from the hold shall be subject to the regulations applicable for the transport of commodities.

CHAPTER V - Facilities

SECTION I

General stipulations

Article 70

Facilities

Facilities are considered any machine, apparatus, vessel or other equipment that are used to carry out or help with the different port services, whether serving for directly undertaking each operation or as part of a set of facilities used in it.

 

Article 71

Renting facilities

Renting of facilities is considered the temporary yielding of port facilities to the port users.

 

Article 72

Request for the Management facilities

1. Requests for equipment needed to carry out the port services shall be made in advance using the computer application, specific forms or other means using by the Port Authority, complying with the regulations and observing the established deadlines, or if they are not fixed, before the start of the works.

2. Port users that do not comply with the deadlines outlined in the above points shall be subject to availability of the facilities and respective personnel.

 

Article 73

Use of non-port equipment

Admittance to the ports of non-port equipment requires prior authorisation from the Port Authority, upon request from interested parties.

 

Article 74

Damage resulting from the aggressiveness of the commodities

Damage caused by the commodities to the Management equipments, if resulting from the aggressiveness of the commodities themselves or insufficient or unsafe packaging, shall be the responsibility of the equipment user, notwithstanding right of redress.

 

Article 75

Responsibility due to breakdowns or chance faults

The Management is not responsible for damage and losses resulting from stoppages to services due to faults in facilities that occur during the provision of services.

 

Article 76

Undertaking of services outside the ports

The Management may carry out transport services of commodities, parts, machines or other material outside the port operating area, using its facilities under the conditions permitted by law and if there is availability.

SECTION I - General Stipulations

Article 70

Facilities

Facilities are considered any machine, apparatus, vessel or other equipment that are used to carry out or help with the different port services, whether serving for directly undertaking each operation or as part of a set of facilities used in it.

 

Article 71

Renting facilities

Renting of facilities is considered the temporary yielding of port facilities to the port users.

 

Article 72

Request for the Management facilities

1. Requests for equipment needed to carry out the port services shall be made in advance using the computer application, specific forms or other means using by the Port Authority, complying with the regulations and observing the established deadlines, or if they are not fixed, before the start of the works.

2. Port users that do not comply with the deadlines outlined in the above points shall be subject to availability of the facilities and respective personnel.

 

Article 73

Use of non-port equipment

Admittance to the ports of non-port equipment requires prior authorisation from the Port Authority, upon request from interested parties.

 

Article 74

Damage resulting from the aggressiveness of the commodities

Damage caused by the commodities to the Management equipments, if resulting from the aggressiveness of the commodities themselves or insufficient or unsafe packaging, shall be the responsibility of the equipment user, notwithstanding right of redress.

 

Article 75

Responsibility due to breakdowns or chance faults

The Management is not responsible for damage and losses resulting from stoppages to services due to faults in facilities that occur during the provision of services.

 

Article 76

Undertaking of services outside the ports

The Management may carry out transport services of commodities, parts, machines or other material outside the port operating area, using its facilities under the conditions permitted by law and if there is availability.

SECTION II - Railway operations

Article 77

Trains

1. Users of the port must agree the conditions for entrance of trains to the port directly with the rail transport operator.

2.  Use of the railway lines must be communicated to the Port Authority up to one day in advance by the entities that are to load or unload from the trains in the port.

 

Article 78

Railways

1. The railways, as well as the areas included in the respective gauges, must remain unimpeded, allowing free circulation of trains and wagons.

2. Loading and unloading operations are permitted on the railways existing in the work zones of the quay, although such operations must not impede or hinder their utilisation, when necessary.

SECTION III - Bascules

Article 79

Weighing

1. The compulsory weighing is established by the Management. The Management may oblige the weighing, on its bascules, of commodities or other cargo, whenever it deems it appropriate to do so.

2. The weighing carried out on the bascule shall be registered on a specific document, which shall be supplied to the user upon request.

 

Article 80

Rules concerning use of bascules

1. Vehicles are to enter and exit bascule platforms at a moderate speed without abrupt braking.

2. The vehicle to be weighed shall position itself in the centre of the bascule platform.

3. Vehicles with weight exceeding the maximum capacity of the bascule are prohibited from entering and parking on the bascule platform.

CHAPTER VI - Monitoring

Article 81

Monitoring

The Management will provide services to watch over its port area of jurisdiction, safeguarding the powers conferred to the police and customs inspectors.

CHAPTER VII - Licensing of operations

Article 82

Scope

1. The operations to supply the ship itself, its passengers and crew, namely with spare parts, onboard material, provisions, fuel and lubricants, outlined in line d) of no. 2 of article 7 of Decree-Law no. 298/93, of 28 August can only be carried out at the trading quays of the Ports of Douro and Leixões and at the Oil Terminal by firms licensed for this purpose by APDL.

2. The licensing mentioned in the above point does not exempt companies from the requirements demanded by other entities in undertaking their activity.

 

Article 83

Licensing

1. Licensing shall be requested from APDL, which will regulate, coordinate and inspect the licensed activities.

2. The request mentioned in the previous point shall outline:

a) Identification of the applicant;
b) Identification of the directors or managers;
c) Location of head office or establishment;
d) Activity carried out in the ports.

3. The application shall also be processed with the following documents:

a) Criminal record certificate for representatives of the company's management;
b) Certificate of registry in the commercial registry office and all registrations in force;
c) Photocopy of the tax number card.

 

Article 84

Inspection

APDL shall inspect the conditions outlined in no. 2 or article 7 of Decree-Law no. 298/93, of 28 August, and apply the corresponding sanctions whenever the conditions have been transgressed.

 

Article 85

Complaints

In carrying out its inspection, APDL will respond to any complaints made. It may request the licensed firms to provide the documents regarding the operations that are subject to complaints.

CHAPTER VIII - Other stipulations

SECTION I

Supplies

Article 86

Supplies

Supplies are considered the yielding of manpower, consumables and distribution of water and energy to the port users.

 

Article 87

Supply of freshwater

1. The Management shall supply Freshwater to land premises inside the port operating area.

2. Freshwater will be supplied to the vessels that moor at the port by land by an entity contracted by the Management.

3. In special cases the Management may authorise the supply of freshwater to vessels by other entities.

 

Article 88

Supply of electricity

1. The Management shall supply electricity to the land premises located inside the port area.

2. Exceptionally and when the circumstances allow, the Management shall provide electricity for onboard lighting or engine propulsion.

3. The supply of electricity mentioned in points 1 and 2 shall depend on the presentation of a term of responsibility by the requester.

SECTION I - Supplies

Article 86

Supplies

Supplies are considered the yielding of manpower, consumables and distribution of water and energy to the port users.

 

Article 87

Supply of freshwater

1. The Management shall supply Freshwater to land premises inside the port operating area.

2. Freshwater will be supplied to the vessels that moor at the port by land by an entity contracted by the Management.

3. In special cases the Management may authorise the supply of freshwater to vessels by other entities.

 

Article 88

Supply of electricity

1. The Management shall supply electricity to the land premises located inside the port area.

2. Exceptionally and when the circumstances allow, the Management shall provide electricity for onboard lighting or engine propulsion.

3. The supply of electricity mentioned in points 1 and 2 shall depend on the presentation of a term of responsibility by the requester.

SECTION II - Renting of materials

Article 89

Renting of miscellaneous materials and apparatus

The Management may rent ropes, meters and other miscellaneous material or apparatus it owns to the port users.

 

Article 90

Installation of onboard telephone

The Management may also authorise that other communication operators install the onboard telephones.

SECTION III - Occupation and licences

Article 91

Concept of occupation

Occupation is considered the temporary yielding of buildings or land owned or under the jurisdiction of the Management.

 

Article 92

Account settlement

The land and buildings may be yielded through settlement of accounts, whenever the duration and/or nature and purpose are convenient for the port operation.

 

Article 93

Multiple requests

The land and buildings allocated for the port operation shall be adjudicated in a public auction whenever more than one party is interested in using them.

 

Article 94

Notion of licence

Licences are considered to be permits yielded by the Management for the undertaking of works, occupation and commercial or industrial activities.

 

Article 95

Impositions

The licences shall establish the specific conditions to be complied with by the applicants, for safety reasons or economic operation of the ports.

SECTION IV - Access, circulation and parking in port zones

Article 96

Regime

Access of people and vehicles, as well as their circulation and permanence in port zones shall be governed by specific regulation approved by the Board of Directors.

CHAPTER IX - Transgressions and fines

Article 97

Punishment regime

Any breach of the rules and procedures outlined in these regulations will lead to the application of the transgression regime established by Decree-Law no. 49/2002, of 2 March.

APPENDIX I

NORMS AND DEADLINES FOR THE ALTERATION AND CANCELLATION OF MARITIME OPERATION SERVICES: PILOTAGE, TOWAGE AND MOORING – article 19

1. Changes or cancellations shall be accepted, at no cost to the user, provided that the respective request is made at least 1 (one) hour in advance of the scheduled time of provision of the service (Date/Time of the Manoeuvre in the Management of corresponding Mooring Points).

2. In the case of change of the services requested during the hour that precedes the scheduled time of the services, the vessel shall pay 50% of the corresponding fees, in addition to the fees owed for the services actually carried out.

3. When the service is changed or cancelled after the scheduled start time of the manoeuvre, payment will be due for one tugboat hour, the pilotage service and a mooring/unmooring manoeuvre.

4. If the service does not begin up to 30 minutes after the time scheduled, for a reason not attributable to the Port Authority, payment must be made of a surcharge corresponding to 50% of the value of one tugboat hour, plus the pilotage service and a mooring/unmooring manoeuvre, for each undividable 30-minute period of delay, counting from the time scheduled, in addition to the fees owed for the services actually provided.

5. A service is considered automatically cancelled when it does not begin within four hours of the time it is scheduled for.

APPENDIX II

TOWAGE: USAGE AND INVOICING NORMS – article 34

1. The manoeuvres of vessels that anchor at the Port of Leixões, or which move inside it are subject to a minimum number of tugboats in line with their type and gross tonnage (GT), as outlined in the following tables:

Tankers

  No of tugboats to be used
  Type of Manoeuvre
Gross tonnage units (GT) Mooring/Shifts Exiting
Up to 1,600 None None
From 1,600 to 2,499 1 1
From 2,500 to 2,699 2 1
Over 2,700 2 2

 

Other vessels

  No of tugboats to be used
  Type of Manoeuvre
Gross tonnage units (GT) Mooring/Shifts Exiting
Up to 1.600 None None
From 1.600 to 4.999 1 1
From 5.000 to 5.999 2 1
Over 6.000 2 2

 

2. The manoeuvres mentioned in number 1 will be undertaken with the help of tugboats, according to the following levels:

a) Tug in standby, at the mooring site, ready to intervene if called;

b) Tug in manoeuvre, with tugging rope passed, when pushing or supporting another vessel.

3. When 2 tugs are used in a manoeuvre, the pilot may, according to the sea and weather conditions and to the capacity of the vessel, dispense one of the tugboats before the manoeuvre begins or use both tugs in standby.

APPENDIX III

CUSTOMS DESTINATIONS AND REGIMES OF COMMODITIES – art. 49

Extracts from CEE REGULATION No. 2913/92 OF THE COUNCIL of 12 October 1992, which establishes the Community Customs Code

CHAPTER 1

SCOPE AND BASIC DEFINITIONS

Article 4

15. Customs destination of a commodity:

a) The placing of commodities under a customs procedure;
b) Their entry into a free zone or free warehouse;
c) Their re-exportation from the customs territory of the Community;
d) Their destruction;
e) Their abandonment to the National Treasury.

16. Customs regime:

a) Release for free circulation;
b) Transit;
c) Customs warehousing;
d) Inward processing;
e) Processing under customs control;
f) Temporary admission;
g) Outward processing;
h) Exportation.

CHAPTER 4

OBLIGATION TO ASSIGN A CUSTOMS DESTINATION TO THE COMMODITIES PRESENTED TO CUSTOMS

Article 48

Non-Community commodities presented to customs shall be assigned a customs destination authorised for such non-Community commodities.

Article 49

1. Where commodities are covered by a summary declaration, the formalities necessary for them to be assigned a customs destination must be carried out within:

a) Forty-five days from the date on which the summary declaration is lodged in the case of commodities carried by sea;
b) Twenty days from the date on which the summary declaration is lodged in the case of commodities carried otherwise than by sea.


2. Where circumstances so warrant, the customs authorities may set a shorter period or authorise an extension of the periods referred to in paragraph 1. Such extension shall not, however, exceed the genuine requirements which are justified by the circumstances.

CHAPTER 5

TEMPORARY STORAGE OF COMMODITIES

Article 50

Until such time as they are attributed a customs destination, commodities presented to customs shall, following such presentation, have the status of commodities in temporary storage. Such commodities shall hereinafter be described as «commodities in temporary storage».

Article 51

1. Commodities in temporary storage shall be stored only in places approved by the customs authorities under the conditions laid down by those authorities.
2. The customs authorities may require the person holding the commodities to provide security with a view to ensuring payment of any customs debt which may arise under Articles 203 or 204.

Release for free circulation

Article 79

Release for free circulation shall confer on non-Community commodities the customs status of Community commodities.

It shall entail application of commercial policy measures, completion of the other formalities laid down in respect of the importation of commodities and the charging of any duties legally due.

B. External transit

I. General Stipulations

Article 91

1. The external transit procedure shall allow the movement from one point to another within the customs territory of the Community of:

a) Non-Community commodities, without such commodities being subject to import duties and other charges or to commercial policy measures;
b) Community commodities, in the cases and conditions determined in accordance with committee procedure, so that products that are subject to, or benefit from export measures are not improperly prejudiced or benefited by the measures.

C. Customs warehouses

Article 98

1. The customs warehousing procedure shall allow the storage in a customs warehouse of:

a) Non-Community commodities, without such commodities being subject to import duties or commercial policy measures;
b) Community commodities, where Community legislation governing specific fields provides that their being placed in a customs warehouse shall attract the application of measures normally attaching to the export of such commodities.

2. Customs warehouse means any place approved by and under the supervision of the customs authorities where commodities may be stored under the conditions laid down.

3. Cases in which the commodities referred to in paragraph 1 may be placed under the customs warehousing procedure without being stored in a customs warehouse shall be determined in accordance with the committee procedure.


D. Inward processing

I. General

Article 114

1. Without prejudice to Article 115, the inward processing procedure shall allow the following commodities to be used in the customs territory of the Community in one or more processing operations:

a) non-Community commodities intended for re-export from the customs territory of the Community in the form of compensating products, without such commodities being subject to import duties or commercial policy measures;
b) Commodities released for free circulation with repayment or remission of the import duties chargeable on such commodities if they are exported from the customs territory of the Community in the form of compensating products.

E. Processing under Customs control

Article 130

The procedure for processing under customs control shall allow non-Community commodities to be used in the customs territory of the Community in operations which alter their nature or state, without their being subject to import duties or commercial policy measures, and shall allow the products resulting from such operations to be released for free circulation at the rate of import duty appropriate to them. Such products shall be termed processed products.

F. Temporary Importation

Article 137

The temporary importation procedure shall allow the use in the customs territory of the Community, with total or partial relief from import duties and without their being subject to commercial policy measures, of non-Community commodities intended for re-export without having undergone any change except normal depreciation due to the use made of them.

G. Outward processing

I. General

Article 145

1. The outward processing procedure shall, without prejudice to the provisions governing specific fields relating to the standard exchange system laid down in Articles 154 to 159 or to Article 123, allow Community commodities to be exported temporarily from the customs territory of the Community in order to undergo processing operations and the products resulting from those operations to be released for free circulation with total or partial relief from import duties.

 

Export

Article 161

1. The export procedure shall allow Community commodities to leave the customs territory of the Community.
Exportation shall entail the application of exit formalities including commercial policy measures and, where appropriate, export duties.

2. With the exception of commodities placed under the outward processing procedure or a transit procedure pursuant to Article 163, and without prejudice to Article 164, all Community commodities intended for export shall be placed under the export procedure.

3. Commodities dispatched to Helgoland shall not be considered to be exports from the customs territory of the Community.

4. The case in which and the conditions under which commodities leaving the customs territory of the Community are not subject to an export declaration shall be determined in accordance with the committee procedure.

5. The export declaration must be lodged at the customs office responsible for supervising the place where the exporter is established or where the commodities are packed or loaded for export shipment. Derogations shall be determined in accordance with the committee procedure.

 

Internal transit

Article 163

1. The internal transit procedure shall, under the conditions laid down in paragraphs 2 to 4, allow the movement of Community commodities from one point to another within the customs territory of the Community passing through the territory of a third country without any change in their customs status. This provision shall be without prejudice to the application of no. 1, line b) of article 91.

 

CHAPTER 3

OTHER TYPES OF CUSTOMS DESTINATION OR USE

Section 1

Free zones and free warehouses

A. General

Article 166

Free zones and free warehouses shall be parts of the customs territory of the Community or premises situated in that territory and separated from the rest of it in which:

(a) Community commodities are considered, for the purpose of import duties and commercial policy import measures, as not being on Community customs territory, provided they are not released for free circulation or placed under another customs procedure or used or consumed under conditions other than those provided for in customs regulations;

(b) Community commodities for which such provision is made under Community legislation governing specific fields qualify, by virtue of being placed in a free zone or free warehouse, for measures normally attaching to the export of commodities.

 

Section 2

Re-exportation, destruction and abandonment

Article 182

1. Non-Community commodities may be:

- re-exported from the customs territory of the Community;
- destroyed;
- abandoned to the exchequer where national legislation makes provision to that effect.

2. Re-exportation shall, where appropriate, involve application of the formalities laid down for commodities leaving, including commercial policy measures.
Cases in which non-Community commodities may be placed under a suspensive arrangement with a view to non-application of commercial policy measures on exportation may be determined in accordance with the committee procedure.

3. Re-exportation or destruction shall be the subject of prior notification of the customs authorities. The customs authorities shall prohibit re-exportation should the formalities or measures referred to in the first subparagraph of paragraph 2 so provide. Where commodities placed under an economic customs procedure when on Community customs territory are intended for re-exportation, a customs declaration within the meaning of Articles 59 to 78 shall be lodged. In such cases, Article 161 (4) and (5) shall apply.
Abandonment shall be put into effect in accordance with national provisions.

4. Destruction or abandonment shall not entail any expense for the exchequer.

5. Any waste or scrap resulting from destruction shall be assigned a customs destination prescribed for non-Community commodities. It shall remain under customs supervision until the time laid down in Article 37 (2).