Regulation concerning PORT CHARGES. for THE PORT OF BERGEN DISTRICT. for the period

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1 Adopted by the Port Council Approved by the Port Board of Directors Regulation concerning PORT CHARGES for THE PORT OF BERGEN DISTRICT for the period issued pursuant to the Act relating to harbours and fairways (The Harbour Act), etc. dd. 8 June 1984, no. 51 with regulation no concerning which costs, etc. are to be covered by the various port charges, and regulation no on port charges, calculation and calculation principles, structure, collection, recording costs, etc., both laid down by Fiskeridepartementet (the Ministry of Fisheries and Coastal Affairs) on 2 December 1994.

2 C O N T E N T S Port charges pursuant to the Harbour Act dd. 8 June 1984, no. 51. The port charges are collected in the established areas subject to charge in accordance with the applicable regulations. Resolution: The Port of Bergen Council The Port of Bergen Board of Directors THE PORT DISTRICT page 2 1. Boundaries 2 2. Areas subject to charge and rates 2 HARBOUR DUES 3 WHARFAGE DUES 4 PORT CHARGES FOR VETERAN BOATS/ HERITAGE SHIPS 6 CHARGES ON GOODS 6 PASSENGER CHARGES 9 COMMON REGULATIONS REGARDING DOCUMENTATION AND PAYMENT 9 T H E P O R T D I S T R I C T The port district defines the geographical boundaries within which the municipality's and the port's authority is exercised 1. BOUNDARIES. The port district of Bergen includes the maritime areas in the following municipalities: Askøy, Austrheim, Bergen, Fedje, Fjell, Lindås, Meland, Os, Radøy, Sund and Øygarden. The boundaries were established by the Ministry of Fisheries and Coastal Affairs on 31 January 1990 pursuant to 14 para. 2 of the Harbour Act. Following authorisation from the Ministry of Fisheries and Coastal Affairs, the Norwegian Coastal Administration set the effective date for the boundaries to 1 September AREAS SUBJECT TO CHARGES AND RATES. According to 11 of the relevant articles of association for the Port of Bergen, the Port Council has the authority that is due to a municipal council in accordance with the Harbour Act. The Port Council must accordingly establish areas subject to charges and port charges in accordance with 15 and 21 of the Harbour Act. On 19 December 2001, the Port of Bergen Council established two areas subject to charges in the Port District of Bergen: A. Bergen area: (Sea chart nos. 21 and 23) The area subject to charge is bound to the north by a straight line between the NW tip of Klauvaneset in Bergen municipality and Askeneset lighthouse on Askøy. To the west, the charge area is bound between a straight line from the southern tip of Hjelteneset heading true west until it strikes land at Lille Sotra, and a straight line from the SW tip of the headland at Drotningsvik heading true west until it strikes land at Lille Sotra. For area A (the Bergen area subject to charge) the tariff rates are collected at 100%. Page 2 of 10

3 B. Bergen Port District area: The part of the port district of Bergen that is not covered by the Bergen area. For area B (Bergen Port District area subject to charge) the tariff rates less 10% apply for port charges. The calculated charge is rounded off to the nearest NOK. H A R B O U R D U E S The Harbour Act dd. 8 June 1984, no a. A vessel is charged harbour dues, which are intended as payment by the vessel for the use of the maritime area and the installations and measures that can facilitate the vessel's movements. 1. Tariff for harbour dues With the restrictions and exceptions referred to above, all vessels entering one or more areas subject to charge in the port must pay harbour dues based on the vessel's gross tonnage as determined in accordance with the 1969 International Convention on Tonnage Measurement of Ships and according to the following rate per call at harbour: GT Total GT Price per tonn Total For the first 300 NOK 0,55 NOK 165,00 for the next NOK 0,54 NOK 327,00 for the next NOK 0,20 NOK 447,00 for the next NOK 0,15 NOK 567,00 for the next NOK 0,15 NOK 717,00 for the next NOK 0,25 NOK 1 217,00 for the next NOK 0,30 NOK 2 717,00 for the next NOK 0,15 NOK 4 217,00 for the next NOK 0,25 NOK 6 717,00 for the next NOK 0,25 NOK ,00 for the next NOK 0,25 NOK ,00 for the next NOK 0,45 NOK ,00 for anything over NOK 0,45 For vessels that have not been measured or which do not have valid certificates of tonnage, the tonnage is determined by the Port of Bergen. 2. Regulations for calculating harbour dues The harbour dues are charged per harbour call, but only once per arrival and departure in total, and only once per day within the same area subject to charge. Harbour dues are paid for no more than 30 arrivals per month. Vessels staying within the port district for long continuous periods of time shall pay the harbour dues once per month or part thereof. The smallest possible harbour dues are NOK per harbour call. For oil tankers that are measured in accordance with the 1969 International Convention on Tonnage Measurement of Ships, the volume of segregated ballast tanks is not included in the tonnage when calculating the size of the vessel, if the volume of tankers of this kind is clearly stated in the certificate of tonnage. The conditions as in IMO resolution A.747 (18) must also be in place. NB The certificate of tonnage must be presented to the harbour master at the Port of Bergen at Skoltegrunnskaien in Bergen, fax no , no later than the time of the vessel's departure. If the certificate is not presented, an invoice is issued for the harbour dues based on the vessel's total gross tonnage. Page 3 of 10

4 The following regulations are applicable if calling at a public quay within the port district: - Local and other scheduled vessels belonging to the same ship owner/operator with at least 2 calls per week pay harbour dues at 25% of the above rates. The Port Director decides which vessels are to be treated as scheduled/charter traffic. - If the same cruise ship calls at the port three times in the same season, the harbour dues for the third call are to be reduced by 20%. As of the fourth call, the harbour dues are reduced by 30%. - Vessels involved in commercial operations (mechanically propelled cargo vessels, barges, tugboats and such like) and which mainly lie or operate within area A (the Bergen area), pay harbour dues as if for two calls per week. This also includes payment of wharfage dues. These dues are paid in advance every six months. For vessels that have been acquired in the course of the year, the harbour dues are calculated from their arrival in the port, and the fee for the month in that six-month period is paid within 14 days of the vessel's arrival. However this regulation does not imply that the vessel can insist on being allocated a berth for free, to the detriment of income-generating vessels. In this respect, they must adapt to the Port of Bergen regulations, just like any other vessel. Special harbour dues: Express services between Askøy and Bergen pay a monthly fee of NOK 1, per vessel. Seaplanes pay NOK for each landing within the Bergen area, although are bound by the regulations above regarding scheduled/charter traffic. 3. The following are exempt from paying harbour dues: Vessels under 25 GT. Vessels passing through the area subject to charge without calling at port. Vessels calling in at the port due to damage or emergency, as long as the lay-over does not last more than 2 days and during this time the vessel does not load or unload or take onboard ship's supplies or passengers. Rescue vessels and ice-breakers when conducting rescue or ice-breaking operations. Norwegian Coastal Administration vessels are currently exempt in return for the services provided by the Norwegian Coastal Administration, but which according to the Harbour Act are the responsibility of the municipality and the Port of Bergen. Vessels entering the port under general conditions of exemption, cf. 5 in the regulations to 22 of the Harbour Act. This is currently the case for both Norwegian and foreign naval vessels. W H A R F A G E D U E S The Harbour Act dd. 8 June 1984, no b. Vessels are charged wharfage dues when they moor. They wharfage dues represent payment for the use of public quays under the ownership or administration of the Port of Bergen. 1. Tariff for wharfage dues Vessels using public quays pay wharfage dues according to the following daily rates based on the vessel's gross tonnage as established in accordance with the 1969 International Convention on Tonnage Measurement of Ships: Page 4 of 10

5 GT Total GT Price per ton Total For the first 300 kr 0.69 kr for the next kr 0.49 kr for the next 600 1,200 kr 0.45 kr for the next 800 2,000 kr 0.45 kr for the next 1,000 3,000 kr 0.41 kr 1, for the next 2,000 5,000 kr 0.36 kr 2, for the next 5,000 10,000 kr 0.36 kr 3, for the next 10,000 20,000 kr 0.36 kr 7, for the next 10,000 30,000 kr 0.36 kr 11, for the next 20,000 50,000 kr 0.36 kr 18, for the next 20,000 70,000 kr 0.36 kr 25, for the next 20,000 90,000 kr 0.36 kr 32, for anything ov 90,000 kr 0.36 For vessels that have not been measured or which do not have valid certificates of tonnage, the tonnage is determined by the Port of Bergen. 2. Regulations for calculating wharfage dues The smallest possible fee is NOK per day or part thereof. For oil tankers that are measured in accordance with the 1969 International Convention on Tonnage Measurement of Ships, the volume of segregated ballast tanks is not included in the tonnage when calculating the size of the vessel, if the volume of tankers of this kind is clearly stated in the certificate of tonnage. The conditions as in IMO resolution A.747 (18) must also be in place. NB The certificate of tonnage must be presented to the harbour master at the Port of Bergen at Skoltegrunnskaien in Bergen, fax no , no later than the time of the vessel's departure. Otherwise an invoice is issued for the wharfage dues based on the vessel's total gross tonnage. Scheduled/charter vessels belonging to the same ship owner/operator with at least 1 call per week pay 65% of the above rates. Scheduled/charter vessels pay a maximum of 30 wharfage dues per month. The Port Director decides which vessels are to be treated as scheduled/charter traffic. Wharfage dues are paid per day or part thereof (lay-time). The lay-time is calculated from when the vessel berths until it leaves the quay. Parts of a day that are 6 hours or less are counted as a half day. However, the minimum charge is for one full day. Where a vessel is ordered by the Port of Bergen to change berth to provide space for another vessel before berthing again, the lay-time is calculated as if the vessel had been berthed the whole time. If the vessel is away from the quay for more than 3 hours, there will be a deduction from the calculated lay-time based on the time the vessel is away from the quay. If a vessel moves from one place at the public quay to another without leaving the area subject to charge, then the lay-time is calculated as if the vessel had been berthed without interruption. If a vessel moves from a public to a private quay within the port district, then the lay-time is regarded as having been interrupted. A vessel that has been given a berth must accept allocation of a different berth at the request of the Port of Bergen. Commercially active barges being used for events and such like pay minimum wharfage dues of NOK 25, per week or part thereof. 3. The following are exempt from wharfage dues: Both Norwegian and foreign naval vessels. Norwegian Coastal Administration vessels are currently exempt in return for the services provided by the Norwegian Coastal Administration, but which according to the Harbour Act are the responsibility of the municipality and the Port of Bergen. Page 5 of 10

6 Port charges for veteran boats/heritage ships 1. The quay areas at Holbergskaien quay are reserved for the veteran boats STORD 1, OSTER, MIDTHORDLAND, GRANVIN and ATLØY. The southern section of Munkebryggen quay is reserved for SKÅNEVIK, and the traverse end of Dreggekaien quay is reserved for BRUVIK. 2. With effect from the calendar year 2009, heritage vessels have the right to submit an application by 1 November every year to the Port of Bergen Board of Directors for financial support from the Port funds for the amount paid by each vessel in port charges for the past year. The Board of Directors decides whether to grant support and the amount or percentage to grant. 3. Other expenses for water, electricity, waste management and other costs incurred by veteran boats in connection with the above-mentioned quay moorings must be paid in accordance with the tariff /invoices. 4. The quay areas at Holbergskaien, Munkebryggen south and the traverse end of Dreggekaien can also be used by other vessels when not occupied by the veteran boats. 5. Arrival/departure must be notified to the harbour master at least 48 hours prior to arrival/departure. Finalised sailing schedules for the summer season must be sent to the Port of Bergen to allow for optimal planning of use of the quay areas. C H A R G E S O N G O O D S The Harbour Act dd. 8 June 1984, no d. Charges on goods comprise payment for use related to goods of public quays, areas and installations in connection with these. 1. Calculation rules Charges on goods are made for all goods, regardless of their country of origin. All goods that are transported to or from the port by ship and which are transported over or loaded on to public quays and areas incur charges based on the goods' gross weight/gross dimensions. The calculation basis for goods is their weight in metric tons. Volume goods are converted into weight units, with 1m 3 being no less than 2 tonnes. If goods arrive in the port in transit or arrive for further transport by vessel, charges on goods are made only on entry to the port. However, if goods are in transit to another country, charges are made on leaving the port. Charges on goods can be made on goods being transhipped from one vessel to another without passing through the quay, as long as one of the vessels is berthed. In this case the charge collected may be no more than a third of what is charged for goods transported over the quay. Charges on goods cover storage of goods on the quay, in areas or in installations operated by the municipality for up to 48 hours after completion of unloading from a vessel or for up to 48 hours before loading of a vessel begins. Page 6 of 10

7 2. Tariff for charges on goods Item no. Description of goods Charge per 1,000 kg/2 m 3 01 Cereals 02 Potatoes, other fresh or frozen vegetables, fresh fruit 03 Live animals, sugar cane 04 Timber and cork Textiles and textile waste, other raw materials of animal or vegetable origin Foodstuffs and feed: Feed and fertilisers, fish, shellfish, molluscs, foodstuffs, coffee, sugar etc. 07 Oilseeds and fruits containing oils, fat 08 Solid mineral fuel: Coal, coke, cinders, wood 09 Crude oil (bulk cargo) Petroleum products (bulk cargo) Iron ore, iron and steel waste, dust from blast furnaces: Ferrochromium, ferrosilicon, scrap iron, scrapped cars Non-ferrous minerals and waste: Cadmium, carbide, dicy, calcium, sodium, chrome, talc, mica Metallic goods (raw materials and other metallic semi-finished products): Iron and metals of all kinds Cement, lime, processed building materials: Brick, limestone, slate, calcium chloride (road salt), gypsum Raw minerals and processed minerals: Sand, stone, coarse gravel, crushed stone, asphalt (bulk cargo) 16 Natural and artificial fertiliser 17 Chemical coal products, tar 18 Chemical products, except for chemical coal products and tar 19 Cellulose and waste paper: All kinds of paper Machinery, engines, including disassembled engines and parts 21 Metallic goods (processed goods made from metal): Iron and metals of all kinds 22 Glass, glass products, ceramic products 23 Leather, textiles, clothes, rubber, various processed goods 24 Various goods (palletised goods/general cargo) 25 Unspecified goods (cargo in containers/vehicles) Page 7 of 10

8 Item no. Description of goods Fee per item 26 Cars, busses, tractors, trailers of all kinds Boats under 15 feet Boats over 15 feet Collecting charges on goods Charges on goods for incoming goods are payable by the recipient. For outgoing goods, the charge is payable by the shipper. However this should not prevent a situation in which it is agreed that the charge on goods can be made to the carrier if the charge is included in the carriage. 4. SPECIAL REGULATIONS REGARDING MONTHLY REPORTING 1. (Principal terms for monthly reporting) Monthly reporting implies that an intermediary, on payment by the Port of Bergen and on behalf of the Port of Bergen, compiles reports. These reports contain information for use in statistics and calculation and control of charges, and to make calculations, collection and payment of the Port of Bergen s receivables. Selection to and participation in the system requires that the intermediary has the finances and organisation to fulfil this role in the system. The Port of Bergen has the right to make any changes to the system at any given time, including changing to obligatory electronic reporting and changes to the required payments and format for electronic reporting. In circumstances where the charge on goods is not settled via the monthly reporting system, the fee will be collected according to normal rules, including the common regulations regarding collection in this document. One central part of the system is the supply of correct and complete information to the Port of Bergen. Monthly reports must include such information and be provided on the form established by the Port of Bergen. Different forms may be used for the different charges. 2. (Deadlines and payment) The deadline for submitting the reports is the 15 th of each subsequent month. The Port of Bergen will then invoice the intermediary for the calculated charge on goods. The Port of Bergen will deduct from the invoice for charge on goods the intermediary s payment of 10%. Any interest on overdue payments, according to item 3, will be added. These invoices are due for payment after 14 days. 3. (Sanctions in the case of breach) In the event of incorrect reporting without proven guilt, the Port of Bergen has the right to claim the main amount and compensation for loss, including the Port of Bergen s own work, from the intermediary. The exception to this rule is if the Port of Bergen accepts that the error has been caused by incorrect information from the principal, and that the intermediary could not have been expected to understand that the information was incorrect. In the latter case, the intermediary is obliged to notify the Port of Bergen as soon as possible. In the event of negligent or intentionally incorrect reporting, the Port of Bergen has the right to apply the sanctions stipulated in prevailing legislation. A delayed report is a report submitted after the 15 th of each month. For all delayed reports, the following applies individually: For up to 7 days, a warning is implied (irrespective of whether the Port of Bergen formally issues a warning). For longer delays, a fee is charged as follows; NOK 3,000 for up to 14 days, NOK 9,000 for up to 28 days and NOK 18,000 for longer delays. The fee will normally be collected together with the invoice of the charge on goods. If an intermediary is issued a warning/fee within a 12-month period of more than NOK 12,000 in total, whether related to one or more port users, the Port of Bergen has the right, on discretion, to demand cash payment or require that the port user(s) fulfil their commitments themselves or make use of a different intermediary. When calculating the NOK 12,000 limit, a warning is counted as NOK 3,0000. The limit of NOK Page 8 of 10

9 12,000 applies for all reports in a 12-month period and does not apply to a limit for each of the intermediary s customers. An intermediary has the right to reduce or remove the risk of sanctions pursuant to this item if he, prior to the expiry of the 12-month period, terminates the assignment for the customer(s) causing the delay. The Port of Bergen would then disregard the delays caused by the customer(s). In addition to the specific regulations above, the Port of Bergen has the right to apply the sanctions stipulated in prevailing legislation. 5. The following are exempt from goods charges: Passengers' baggage. Provisions, coal, oil and ship's supplies taken onboard in order to meet the vessel's own needs. P A S S E N G E R C H A R G E S The Harbour Act dd. 8 June 1984, no For every passenger, both adults and children, using the Port of Bergen's international facilities, a charge is paid of NOK 7.00 per person. For such passengers in foreign traffic, a charge is made for both embarkation and disembarkation. COMMON REGULATIONS REGARDING DOCUMENTATION, PAYMENT OF FEES ETC. PURSUANT TO THIS REGULATION 1. (Re. relationship with other regulations. Re. legal venue) These common regulations apply unless otherwise specified in the Harbour Act, the provisions of this regulation or other regulations in this document. The document, including the common regulations, is supplemented by prevailing Norwegian legislation. 2. (Responsibilities of Port Users. Parties responsible for intermediaries) The parties who own the vessel or receive/ship the goods, referred to hereinafter as the Port Users, are responsible for paying the port charges pursuant to 25 of the Harbour Act. The party ordering a service is liable, regardless of other factors, for the payment, either alone or in solidarity with the party who makes use of the service, in accordance with the paragraph above, unless the order specifically names a party on behalf of whom the order has been made, including the business registration number. The Port Users and private quay owners are obliged to provide the Port of Bergen, within deadline, with all information considered necessary by the Port of Bergen for public statistic requirements and correct calculation of charges, ref. regulation regarding port statistics dated 1989, no. 819, 2-3. A Port User or party placing an order and acting via an agent, forwarding agent or similar, hereinafter referred to as the Intermediary, carries the risk and liability for the actions of the Intermediary and any omissions in the Intermediary s obligations in relation to the Port of Bergen. This does not imply a change in the obligations of the Intermediary according to other regulations. In the event of a breach (for example incorrect or delayed reporting or payment), the Port of Bergen has the right to refuse contact with certain parties. 3. (Control measures) The Port of Bergen has the right to demand copies of documentation in order to meet the public statistic requirements or to control the calculation of the Port of Bergen s claims according to this regulation. Documentation copies can be demanded without notice, and may take the form of spot checks or as part of a general control. The obligation to comply with control measures also applies to the Port Users intermediaries. Page 9 of 10

10 Without implying any restrictions on the Port of Bergen s other sanctions, the Port of Bergen, on discretion, has the right to demand advance payment or deny use of the port/continued commercial activities if the documentation is not submitted or submission is delayed or made difficult without good reason. 4. (Main principles for awarding credit. Re advance payment) At the time of writing, credit is awarded partly as invoicing in arrears for port use, partly via a system of monthly reporting. The Port of Bergen, in compliance with the provisions of competition legislation, will, on discretion, evaluate which types of charges and port users/user groups should be awarded credit, and whether to change the credit system. The Port of Bergen, in compliance with the provisions of competition legislation, will also, on discretion, demand advance payment. 5. (Due dates and sanctions on breach of normal credit) If the Port of Bergen has awarded credit in the form of invoicing in arrears, the invoice is due for payment 30 days after the invoice date. For monthly collective invoices, the due date is 14 days after the invoice date. The Port of Bergen has the right to apply a number of sanctions in the event of breach of payment due date such as overdue interest, debt collection and maritime lien. In order to ensure rational operation and to precisely define the practice applied to minor delays in payment, the Port of Bergen has the right to withdraw credit for a period of six months if a Port User has made delayed payments more than four times over a 12-month period, irrespective of the length of the delay. This does not restrict the Port of Bergen s right to withdraw credit and/or demand advance payment when the Port of Bergen, on discretion, deems this necessary. Page 10 of 10