Leixões Breakbulk and Bulk Terminal

Art. 1.

Purpose and Extent of Application

1 - These regulations establish the standards and the maximum rates payable for services provided by TCGL- Terminal de Carga Geral e de Graneis de Leixões, SA – hereafter referred to as the TCGL - and apply to all services provided in the conceded area – hereafter designated Breakbulk and Bulk Terminal or Terminal -, within the scope of the Concession Contract celebrated with APDL- Administração dos Portos de Douro e Leixões, S.A., on 30 March 2001.

2 - The amounts for maximum rates and the respective period of effectiveness are those set out in Annex I, which forms an integral part of these Regulations.

3 - The maximum rates referred to in the previous paragraph will be updated annually, by application of the consumer price index registered in the previous year, excluding housing and published by the official bodies.

 

Art. 2.

Units of Measure

Unless expressly stated otherwise, rates are per metric tonne of goods, for which purpose the weights are determined on the APDL weighbridges or, if they are not available, on others authorised for that purpose.

 

Art. 3.

Employment of Staff

1 - Unless expressly stated otherwise, rates always include the costs of the regular staff necessary for normal execution of the service.

2 - Use of personnel besides those defined in the previous paragraph, for sound reasons and with the prior agreement of the client, will be invoiced in addition, according to the invoicing table of the Port Dockers Pool Company licensed to carry out the activity in the port of Leixões.

 

Art. 4.

Responsability for Payment of Services

Payment for the services provided shall be the responsibility of the client and the respective service shall be preceded, whenever possible, by a requisition.

 

Art. 5.

Subjection to the Operating Regulations

All of the services provided are subject to the rules of the TCGL Operating Regulations.

 

Art. 6.

Operating Hours

1 - The tariffs established in Annex I to these Regulations apply to the cargo handling operations in the Breakbulk and Bulk Terminal, which take place during normal working hours, from Monday to Friday according to the following timetable:

8 a.m. to 12 noon
1 p.m. to 5 p.m.
5 p.m. to 8 p.m
9 p.m. to 12 midnight

2 - Any work outside of normal working hours can only be carried out as overtime, at the express request of the client, subject to staff availability and in compliance with the legal and contractual provisions on the carrying out of supplementary work, with the Operator or his Representative and the cargo owners being responsible for the extra costs incurred through the application of Portuguese law and other regulations of the sector, including the rules of collective working agreement applicable.

3 - The periods from 12 noon to 1 p.m. and 8 p.m. to 9 p.m. constitute meal breaks, whereby work shall, in principle, be interrupted during these times.

4 - In principle there will be no working between midnight and 8 a.m. from Monday to Sunday. However, when it becomes imperative to do so in the face of obvious prejudice to ship, cargo or the owners thereof, it may be carried out, at the express request of the client, as overtime.

5 - Work between 8 a.m. and 12 midnight on Saturday, excepting mealtimes, and carried out as overtime at the express request of the client, will be invoiced at 25% above the sums mentioned in Annex I.

6 - Work between 8 a.m. and 12 midnight on Sundays and holidays, excepting mealtimes, and carried out as overtime at the express request of the client, will be invoiced at 90% above the sums mentioned in Annex I

Art. 7.

Invoicing

1 - Invoices shall be issued within the five days following conclusion of the services provided.

2 - For the provision of additional services, delivery and warehousing, invoices may be issued separate to the loading and discharge operation.

3 - Invoices may be collected by third parties substituting the TCGL, according to legal provisions.

4 - When the payment deadline of any invoice has been passed, delinquent interest shall be applied at the legal rate, from the legal payment date.

 

Art. 8.

Contesting of Invoices

1 - Complaint about the value of an invoice, so long as it is made within the 15 day period, shall only suspend payment for the section or sections contested, with the remaining sum remaining subject to payment within the settlement period set out in the invoice.

2 - If a complaint is dismissed, delinquent interest at the legal rate shall be added to the amounts contested, counting from the legal payment date of the invoice.

 

Art. 9.

Payment Guarantee

Should there be any unpaid due invoices or a risk of non-recovery for services provided or to be provided, the TCGL may take adequate measures to protect its credits, namely, those established in the following paragraphs.

Before initiating any service, the TCGL may demand advance payment for services to be provided.

Once any operation has begun, the TCGL may stop work or refuse withdrawal of goods if the client fails to pay the sums owing according to the terms of the previous paragraphs.

Within the permitted legal limits, the TCGL may request the competent authorities to refuse authorisation for the departure of any ship whose owner or operator is responsible for payments owed to the TCGL, until such time as said payments are made or are guaranteed by collateral or suitable surety.

Art.  10.  

Port Operations Included in Discharge

1 - Unless there be a clause to the contrary, the maximum tariffs for discharge of goods include unstowing and direct or semi-direct delivery or, in the case of goods handled in indirect delivery, the draining and stacking.

2 - Unstowing is the operation that covers handling the goods on board ship, its checking, and delivery onto the shore crane or ship's gear.

3 - Direct or semi-direct delivery is the operation covering reception of goods from the shore crane or ship's gear, onto vehicles that transport it directly outside the port or onto the quay, followed immediately by loading onto the aforementioned vehicles.

4 - In the case of indirect delivery, draining and stacking is the operation covering reception of the goods from the shore crane or ship's gear and its transfer from the unloading area to the port temporary warehousing site and stacking

5 - When goods owners express a manifest request for special storage conditions, that imply the need to transfer cargo to a place outside the discharge area, they are themselves responsible for ensuring the transportation from the crane to the storage area. Alternatively, if they do not wish to do so directly themselves, the respective costs, duly justified by a photocopy of the service provider's invoice, will be debited in addition.

 

Art.   11.

Port Operations Included in Loading

1 - Unless there be provisions to the contrary, the maximum tariffs for loading goods cover direct or semi-direct delivery or, for goods handled as indirect delivery, the draining, slinging and stowing.

2 - For indirect delivery, reception is the operation that includes unloading the vehicles bringing the goods from outside the port and its stacking, and is subject to payment of the specific tariff set out in Annex I.

3 - For indirect delivery, draining is the operation that includes handling of goods from the port temporary warehousing site to the shore crane or ship's gear, provided that this is a site within the same zone.

4 - When goods owners request special storage conditions and the ship cannot berth in the area that allows for cargo to be drained by forklifts involved in loading operations, they themselves shall arrange for transportation from the storage sheds to the ship's apron. Alternatively, if they do not wish to do so directly, the respective costs, duly justified by photocopy of the service provider's invoice, will be added to charges.

5 - Direct or semi-direct delivery is the operation covering discharge of goods from the vehicles bringing them directly from outside the port to the shore crane or ship's gear.

6 - Stowing is the operation covering reception of goods at the shore crane or ship's gear and its loading on board.

 

Art. 12.

Handling of Bulk Solids

1 - The maximum rates in force for the handling of bulk solids are valid for operations meeting the following conditions:

1.1 - In "bulk carrier", "box shaped" and "open shelter" type ships, with no obstacles to operate discharging and loading devices, no separators between goods and not fitted with automatic discharge equipment;

1.2 - In homogenous products, with standard characteristics, at temperatures below 45 C and for a minimum of 1,500 tonnes per ship.

1.3 - For the purposes of the previous paragraphs, in loading granite, the weight is the sum of the granite shipped in bulk and packaged.

2 - Ships carrying bulk solids are bound by the provisions of the European Parliament and Council of Ministers Directive 2001/96/EC, with the client, shipowner, shipping agent and/or goods owner being responsible for all consequences arising from failure to observe the respective provisions.

 

Art. 13.

Breakbulk Cargo

1 - The maximum tariffs in force for breakbulk cargo handling are valid for operations meeting the following conditions:

1.1 - For ships suitable for goods handling using the vertical handling equipment available in the port or their own equipment able to substitute these with the same productivity, and allowing for forklift trucks working on board whenever necessary;

1.2 - For goods stowed in places directly accessible by vertical handling equipment or that can be directly moved by forklift trucks to them, excluding cold-storage chambers or other compartments, tanks or other sites difficult to access;

1.3 - For homogenous lots of not less than 1,000 tonnes per ship and excluding packages longer than 12 metres;

1.4 - For the purposes of the previous paragraphs, homogenous lots are considered to be all breakbulk cargo handled in the same way;

1.5 - In loading granite, the minimum tonnage for the purposes of paragraph 1.3 of this article, will be taken as the sum of packaged granite stones and granite loaded in bulk;

1.6 - In discharging logs and sawn timber, the minimum tonnage for the purposes of paragraph 1.3 of this article, will be taken as the sum of logs and bundles of sawn timber;

1.7 - The provisions of paragraph 1.3 do not apply to the discharge of sisal and cotton in bales.

2 - Operations that do not fall within the terms of the previous paragraphs may, taking into consideration the particular qualities of each, be charged at a rate of up to 90% more than the maximum rates set out in the previous paragraph and in paragraph 1 of Annex I.

3 - Ships carrying explosives or radioactive material with IMDG classifications 1 and 7 shall bear the cost of specific insurance against accident for all staff involved in the operations.

 

Art. 14.

Delivery and Reception

1 - Delivery is the operation covering handling of goods temporarily held in the port area and its loading onto vehicles to take it outside the port, and is, unless expressly stated otherwise, subject to payment of the specific tariff set out in Annex I paragraph 2

2 - Reception is the operation that covers unloading of vehicles bringing the goods from outside the port and its temporary stacking in the relevant port area for subsequent loading, and is subject to payment of the specific tariff set out in annex I paragraph 2.

 

Art. 15.

Wharehousing

1 - Storage of goods is free for the first seven calendar days.

2 - When storage of given goods exceeds the seven calendar days, the tariff set out in paragraph 3 of Annex I shall be applied, and the time is counted from the first day of occupation, terminating on the day in which the space is free of cargo or vehicles.

3 - In the case of congestion in the storage area which could affect normal working of ships or damage to port interests, the warehousing tariffs set out in these regulations may be raised by up to four times, after prior agreement by the APDL, and the interested parties shall be informed.

Art. 16.

Exclusion Situations

1 - The maximum tariffs do not apply to port operations involving working conditions in situations of fire, open water, stranding, collision or any other situation of obvious danger to the ship or cargo.

2 - Also excluded from the scope of maximum tariffs are cases of acts of God, and situations resulting either directly or indirectly from:

2.1 - War, whether declared or not, invasion, foreign enemy action, hostilities or war-like operations, civil war, insurrection, rebellion or revolution;

2.2 - Military uprising or an act of military power, whether legitimate or a take-over;

2.3 - Confiscation or requisition on government orders, either in law or in fact, or by any established authority;

2.4 - Strikes, lock-outs, work disorders, tumults and breaking of the peace, acts of terrorism, vandalism, malicious acts or sabotage;

2.5 - Explosion, liberation of heat or radiation resulting from the fission of atoms or radioactive matter;

2.6 - Seismic phenomena, earth tremors, earthquakes, volcanic eruptions and tidal waves.

 

Art. 17.

Other Exclusion Situations

1 - Excluded from maximum rates are all operations not included within them, namely:

1.1 - Opening and closing of holds or hatches;

1.2 - Services connected with preparing ships' devices, removal of dunnage, dismantling of fixtures and ballast;

1.3 - Cleaning and/or washing of holds, with the exception, in the first case, of that inherent in the complete discharge of bulk solids;

1.4 - Trimming of cargo;

1.5 - Use of rail transport and all costs arising therefrom.

2 - The application of these Tariff Regulations does not exempt ships or goods from paying taxes due to the Port Authority, according to the terms of the APDL's Tariff Regulations.

3 - The application of these Tariff Regulations also does not include payment of:

3.1 - Port Tax on cargo;

3.2 - Weighing of goods and the respective checking.

 

Art.  18.

Additional Operations

1 - Also excluded from maximum tariffs are all supplementary operations, namely:

1.1 - Lashing/unlashing goods;

1.2 - Transhipment of cargo on board or on quay;

1.3 - Repair of packages, weighing or separation of cargoes;

1.4 - Handling of heavy volumes, considered to be those which exceed the nominal capacity of vertical handling equipment available in the ship's berthing area, with the exception of wooden logs, coils, containers and blocks of granite, provided that the carrying ship has its own equipment capable of handling the volumes in question;

1.5 - Pre-slinging of cargo.

2 - Supplementary operations will be invoiced according to the specific tariffs in Annex I paragraph 4.

 

Art.  19.

Idle Time

Time lost in cargo handling operations, as defined in the Operating Regulations, will be penalised according to the specific tariff in Annex I paragraph 5.

Art. 20.

Electrical Power

The TCGL can provide the accessory service of supplying electrical power to ships berthed in the conceded area, at the rates established in the Tariff Regulations of the APDL.

Art. 21.

Situations of Exception

1 - In operations that, due to their particular characteristics, are considered to be exceptional and therefore not included in these Regulations, the TCGL may charge different tariffs to those established, so long as they are duly justified and with the prior written agreement of the client. The APDL must be informed of these operations.

2 - When the prior written agreement of the client has not been obtained, the TCGL must submit a proposal for fixing the maximum tariff for those purposes for the prior approval of the APDL.

ANNEX I to Tariff Regulations (2)

(2) This is a free translation of the "Anexo I do Regulamento de Tarifas" of the TCGL-Terminal de Carga Geral e de Graneis de Leixões, SA duly approved by Leixões Port Authority (APDL) according to the contents of Concession Contract dated 30th March 2001. If any dispute arises on the content of this document the original, in Portuguese language, as approved by APDL, shall prevail.

Maximum rates payable for the year 2020, for services provided by TCGL- Terminal de Carga Geral e de Graneis de Leixões, SA in the conceded area designated Breakbulk and Bulk Terminal, within the scope of the Concession Contract celebrated with the APDL- Administração dos Portos de Douro e Leixões, S.A., on 30 March 2001, are as follows:

1 - Maximum rates for loading or unloading cargo:

Unit load general Cargo	Loading	Unloading
Coils	€ 7,15	€ 7,15
Iron and Steel, undiscriminated	€ 9,28	€ 9,28
Steel Tubes	€12,06	€12,06
Granite Stones in bundles	€ 5,81	€ 5,81
Wood for cellulose in bundles	€ 6,83	€ 6,83
Hardboard	€ 10,30	€ 10,30
Portuguese sawn timber (Dbb, Bxb and similar ones)	€ 9,31	€ 9,31
BigBags cargo	€ 11,28	€ 11,28
Others	€ 15,12	€ 15,12

 

 

€uros per tonne

Unitary Cargo	Loading	Unloading
Project cargo	€ 6.309,56	€ 6.309,56

€uros per tonne

Bulk Solids	Loading	Unloading
Sugar	€7,64	€ 7,64
Woodchips	€ 10,12	€ 10,12
Square and oblong granite sets	€ 5,81	€ 5,81
Animal feed products	€ 8,24	€ 8,24
Grain cereals	€ 4,86	€ 4,86
Sunflower seed	€ 5,66	€ 5,66
Scrap metal - Trimmings	€ 6,26	€ 6,26
Scrap metal - fragmentized	€ 6,61	€ 6,61
Scrap - 1-2	€ 8,24	€ 8,24
Scrap Industrial	€ 9,61	€ 9,61
Scrap - Cast iron	€ 9,61	€ 9,61
Scrap - HBI	€ 5,46	€ 5,46
Glass	€ 6,61	€ 6,61
Wood Pellets	€ 10,12	€ 10,12
Others	€ 8,40	€ 8,40

€uros per tonne

Unitary Cargo	Loading	Unloading
Containers	€ 153,29	€ 153,29

€uros per tonne

2 - Maximum rates for delivery or reception of goods:

	Delivery	Reception
Woodchips	€ 1,04	€ 1,04
Iron and Steel	€ 1,15	€ 1,15
Granite	€ 1,54	€ 1,54
Wood for pulp and paper	€ 1,54	€ 1,54
Hardboard	€ 1,54	€ 1,54
Portuguese sawn timber (Dbb, Bxb and similar ones)	€ 1,54	€ 1,54
Glass	€ 1,04	€ 1,04
Scrap Metal	€ 1,04	€ 1,04
Wood Pellets	€ 1,04	€ 1,04
BigBags cargo	€ 1,54	€ 1,54
Others	€ 1,54	€ 1,54

€uros per tonne

Unitary Cargo	Loading	Unloading
Project cargo	€ 3.123,54	€ 3.123,54
Project Cargo (acessories)	€ 1.191,39	€ 1.191,39

€uros per tonne

3 - Maximum rates for warehousing of cargo:

	Uncovered area	Covered Area
Free warehousing	7 calendar days
From day 8 to day 30	€ 0,0419	€ 0,0700
From day 31 to day 90	€ 0,0558	€ 0,1118
From day 91 onwards	€ 0,0837	€ 0,1677

€ per tonne

b) Wind Turbines

	Uncovered area
From day 1 to day 8	conditional free period
From day 8 to day 30	€ 47,91
From day 31 to day 90	€ 63,74
From day 91 onwards	€ 79,96

 

 

4 - Maximun tarif for complementary operations

Operation	Maximum tariff	Unit
Lashing or unlashing of cargo (excl. specialised operations)	€ 1.156,57	Hold-shift
Shifting of cargo:
- On board, within the same hold and cargo compartment	60% of the rate established in 1.	Unit fixed at 1
- Via quay, per operation	100% of the rate established in 1.	Unit fixed at 1
Re-packing of cargo	€ 720,10	Shift
Cargo weighing	€ 720,10
Separation of marks	€ 360,06	Shift and work team employed on ship
Pre-slinging of cargo	€ 720,10
Load coverage	€ 0,42	Tonne
Load marking	€ 0,32	Tonne
Supply of wood for stowage	€ 354,20	m3
Internal transport (excludes special transport)	€ 51,75	hour/truck
Port crane aditional usage	€ 2 630,35	shift
Container (De)Consolidation (palletized load)	€ 227,45	TEU
Container (De)Consolidation (other loads)	€ 456,27	TEU
ISPS (applied to full containers)	€ 10,61	Container
Extra movement in park (containers)	€ 38,39	Movement

 

5 - Penalties for idle time in cargo operations:

Maximum rate: € 542,76 per hour and work team used on the ship

 

6. Overtime work
• Work at mealtime on working days: € 1.017,33 / work team
• Work in the period of 00-08h on working days: € 6.960,73 / work team
• Work on Saturday: increase of 25% on the maximum tariff
• Work on Sundays and holidays: 90% increase on maximum tariff