FEE REGULATION Validity start from 1 st July Shaping Baltic Shipments. Page 1

Transcription

1 FEE REGULATION 2016 for the utilization of those parts of the public port in the Hansestadt Lübeck that are operated by the Lübeck Hafen-Gesellschaft mbh (hereinafter called LHG) Validity start from 1 st July 2016 Page 1

2 Table of Contents Page 1. Scope 3 2. General Conditions Obligation to notify the Utilization 4 4. Principles of Calculation Port Fee Wharfage Berthing Fee Disposal of waste from ship operation General Obligations for Utilization General Rules of Utilization Final Provisions 16 Enclosure Enclose 1 Harbour Pilotage 17 Page 2

3 FEE REGULATION for the utilization of those parts of the public port in the Hansestadt Lübeck that are operated by the Lübecker Hafen-Gesellschaft mbh (hereinafter called LHG) The fees for the utilization of those parts of the public ports in the Hansestadt Lübeck that are operated by the LHG are specified as follows: 1. Scope 1.1. The port area that is subject to payment of port fees under these Fee Regulations covers the following parts of the public port of the Hansestadt Lübeck that are operated by the LHG and are governed by the Regional Regulations for the ports in Schleswig-Holstein (Port Regulations HafVO) as revised at the time, come under the scope according to 1. - Terminal Burgtorkai (formerly a Cruise terminal) - Terminal Konstinkai (extending from the Eric-Warburg-Brücke to warehouse 29) - Terminal Nordlandkai - Terminal Ostpreußenkai (Cruise terminal) - Terminal Seelandkai - Terminal Skandinavienkai - Terminal Schlutupkai II 1.2. According to this Fee Regulation the LHG is in charge as far as no other responsibility has been agreed. The LHG reserves the right to entrust a third party with the accounting, assertion and acceptance of the fees. 2. General Conditions 2.1. The contractual relationship and the obligation to pay fees arise on the date of the order confirmation for the utilization applied for, in all other cases they arise with the commencement of the actual utilization and/or the actual berthing period in the respective LHG-operated port area Any utilization that are subject to a separate contractual arrangement, are exempted from the obligation to pay a fee under this Fee Regulation. The mere transit does not constitute a utilization of the port If not otherwise specifically agreed, invoices for fees shall be payable in Euro within 14 days from the date of invoice without deduction. Money transfer charges shall be payable by the debtor of the fee The LHG may call for a prepayment with the order confirmation for the requested utilization or in the other cases at the commencement of the utilization. The amount of such a prepayment shall conform to the claim for fee arising for the intended utilization and shall become due for payment on receipt of the invoice. Fees may be calculated and collected right in place. Page 3

4 2.5. The debtors of the fee are the ordering party and the user. Where vessels or other floating bodies are involved, the owner, the party entitled to utilization and the operators are deemed to be users. The debtors of the fee are joint and several debtors In the event of default in payment, the debtor shall pay interests at a rate of 8 per cent p.a. in excess of the then current interest rate in accordance with Section 247 Civil Code (BGB) The creditor of the fees is the LHG Where fees are subject to value-added tax, the latter will be added to all fees at the rate in force at the time. 3. Obligation to notify the Utilization 3.1. All intended utilizations and/or prolongations of utilization are required to be notified to the Lübeck Port Authority (in the following LPA ) and LHG (independent of the obligation to pay fees), and all data and documents required for the calculation of fees must be submitted. Reference is made to the paramount regulations issued by the port authorities for the public port areas in the Hansestadt Lübeck concerning the obligation to notify the utilizations. The LPA is responsible for the allocation of berthing places in accordance with the Port Utilization Regulations for the public port areas in the Hansestadt Lübeck The data required for the calculation of port fees and for statistical purposes must be entered into the tonnage registration cards (Zählkarten) immediately after arrival. These cards are obtainable from the LPA and must be returned, on completion, to the LPA together with the ship s tonnage certificate. The ship s loading and discharging documents as well as the transport papers must be submitted upon request Where any statements are missing or not credible, or where any statements are found to be incorrect, the LHG will assess the data required for the fee calculation. Any additional costs incurred by the LHG due to this assessment, shall be refunded to the LHG by the debtor of the fee. Where it is not possible to assess the data or if it is only possible with the expenditure of an unreasonable amount of costs, the LHG is authorized to make an estimation of the fee Vessels or other floating bodies operating in a regular liner service shall be notified to the LPA and the LHG prior to putting the liner service into operation. The notification must refer to the name of the vessel or other floating body, the region of operation, and the port of call. Any changes in the liner service shall be reported to the LPA and the LHG If a party is liable to pay fee for utilization of the port facilities but evades its obligation e.g. by failing to notify the utilization, must refund the additional expenses arising in connection with the investigation and assertion of the claim. Page 4

5 4. Principles of Calculation 4.1. The basis for the calculation of the port and berthing fees is: The cubic measure according to the gross ton index (BRZ) as shown in the international London Tonnage Certificate ITC The maximum deadweight carrying capacity according to the gauged tonnage shown in the gauge certificate for inland waterway vessels used for commercial cargo carriage Number of passengers admitted and conveyed according to the determination of the LPA for vessels used in the commercial passenger services The length over all or the water surface in m² as the product resulting from the maximum length and breadth of the vessel or other floating body For vessels or other floating bodies entering or leaving the LHG-operated parts of the port without discharging and/or loading cargo, the port utilization fee is reduced by 50% in the respective direction of the ship s course The sliding scale for port fees is only applicable to vessels or other floating bodies operating in a regular liner service. If these vessels or other floating bodies change to another charterer, owner or shipping company, the sliding scale for port fees applied prior to the change will not be taken into account Where a vessel operating in a regular liner service is replaced by another vessel, either on a temporary or permanent basis, the calls made by the replaced vessel will be considered in the sliding scale system. This does not apply to additional vessels operating in the same regular service. Further subsequent replacements of vessels will not be considered Basis for the calculation of Port Fees: For the conversion of timber cargo according to cubic measure, 2 m³ or 2 solid m³ are equal to 1,000 kilos The calculation of StoRo-cargo carriers is made according to Item and Stacks of empties are equal to one cargo carrier Obligation to pay fees does not arise for: Vessels and other floating bodies in the service of authorities Vessels or other floating bodies used for the general operation and/or security of the port as far as no permanent berthing place has been provided Vessels of foreign governments and training ships that are used for governmental or training purposes. Page 5

6 Vessels supplying other ships berthed in the port with provisions, equipment, fuel and fresh water or disposing of their waste, used oil etc. without making use of the port facilities The change of the berthing area within the scope of this Fee Regulation Provisions, equipment, fuel and fresh water which is taken on board for the vessel s own use, as well as drivers of the trucks and coaches parked on board the vessel. 5. Port Fees 5.1. Vessels and other floating bodies entering the port areas as described in Item 1 above are making use of the LHG-operated parts of the public port of the Hansestadt Lübeck. These seaborne vessels and other floating bodies, whether incoming or outgoing, are liable to pay the port fee. The port fee for each entry and each departure per gross tonnage (GT) and calendar year is as follows: 5.2. Tank vessels for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Passenger vessels for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Ro/RoConRo/ or combined RoPax cargo vessels from 1 GT to 10,000 GT admitted for 1 to 50 passengers for the first 10 entries/10 departures for the next 20 entries/20 departures for the next 300 entries/300 departures for all remaining entries/departures RoRo/ConRo/ or combined RoPax cargo vessels over 10,000 GT admitted for 1 to 50 passengers for the first 10 entries/10 departures for the next 20 entries/20 departures for the next 300 entries/300 departures for all remaining entries/departures Page 6

7 5.6. RoRo/ConRo/ or combined RoPax cargo vessels admitted for more than 50 passengers for the first 10 entries/10 departures for the next 20 entries/20 departures for the next 300 entries/300 departures For all remaining entries/departures Conventional cargo vessels up to 1,000 GT for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Conventional cargo vessels over 1,000 GT to 1,500 GT for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Conventional cargo vessels over 1,500 GT to 3,500 GT for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Conventional cargo vessels over 3,500 GT to 5,000 GT for the first 10 entries/10 departures for the next 20 entries/20 departures for all remaining entries/departures Conventional cargo vessels over 5,000 GT for the first 10 entries/10 departures 0,097 for the next 20 entries/20 departures 0,032 for all remaining entries/departures Page 7

8 6. Wharfage 6.1. The utilization of the wharf facilities by cargo and/or passengers of vessels and other floating bodies is subject to the payment of wharfage. The wharfage in connection with the liner service is calculated with reference to the liner operator irrespective of the number of vessels in service. The wharfage for each entry, each departure and each calendar year is as follows: 6.2. Conventional cargo vessels and tank vessels: Freight Euro per 1,000 kg not suitable for dumping or not grab handling 1.08 suitable for dumping or grab handling 0.25 suitable for pumping Crude unprocessed forestry products, volumetric measure Euro per calculation unit m³ 0.39 solid m³ 0.39 stacked rm For containers arriving or leaving on conventional cargo vessels, the fees and graduations quoted in Item and shall be applicable RoRo/ConRo/RoPax cargo vessels, passenger vessels and other floating bodies: For each passenger car or car trailer in the tourist traffic service form up to Euro per unit 1 60, , , , For each coach in the tourist traffic service form up to Euro per unit 1 1, ,001 2, , For each cargo carrier in the accompanied cargo service form up to Euro per unit 1 30, ,001 60, , Page 8

9 For each cargo carrier in the unaccompanied cargo service: form up to Euro per unit 1 30, ,001 60, , For goods which are transported in the accompanied or unaccompanied cargo service as per Item and Item Euro per 1,000 kg For all kinds of goods For each motor vehicle in the cargo service: Vehicles with a single weight of up to 3,000 kg from up to Euro per unit 1 5, ,001 15, , Vehicles with a single weight exceeding 3,000 kg from up to Euro per unit 1 1, , For each oncoming or outgoing passenger on RoRo/ConRo/RoPax cargo vessels and passenger ships from up to Euro per pax 1 50, , , , , , The wharfage is reduced: By 50% for cargo which is transhipped from a seaward incoming vessel to the same seaward outgoing vessel via the port facilities, and by 50% for the outgoing cargo By 45% for cargo discharged from a seaward incoming vessel in the transit service and stored ashore for 14 days and is then transhipped to a seaward outgoing vessel. The reduction applies both of the incoming and outgoing cargo. With effect from the 15 day the reduction will no longer be allowed By 50% for cargo which is not transhipped via the port facilities, but in the board-to-board operation directly from one vessel to another vessel for the incoming wharfage. No wharfage will be levied for the outgoing cargo. Page 9

10 6.4. For inland vessels and other floating bodies in the canal, shore and port service Freight Euro per 1,000 kg not suitable for dumping or not grab handling 0.40 suitable for dumping or grab handling 0.25 suitable for pumping Wharfage for inland vessels and other floating bodies will not be levied on cargo that is intended for transport on a seawards outgoing vessel or which has arrived on a vessel coming in from the sea. 7. Berthing Fee Berthing fee shall be levied on all vessels and other floating bodies berthed in the port In addition to the port fee described in Item 5, a berthing fee will be levied on all vessels and other floating bodies after 3 calendar days, calculated from the first mooring for the discharge or loading of cargo or transport facilities and/or for the disembarking or embarking of passengers, at the following rates. Each calendar day or part thereof Per GT and calendar day Minimum fee in Euro per calendar week for the 1 st for the 2 nd for each further calendar day For all vessels and other floating bodies berthed in the port without discharging or loading cargo or transport facilities and/or without embarking or disembarking passengers respectively, the berthing fee is levied without allowing any non-chargeable berthing time The non-chargeable berthing time is prolonged: By 1 calendar day during statutory holidays provided that these vessels are liable to pay port fee By another 2 calendar days if a vessel is unable to leave the port due to necessary repair work. The utilization of the port for the purpose of repair work must be agreed with the LPA In the event of a boycott or strike, the non-chargeable berthing time for vessels and other floating bodies calling at the LHG-operated parts of the public ports in the regular liner service, is prolonged until the impediment has come to an end Berthing fees for pleasure craft, excursion boats within Lübeck Bay or on tours of the harbour city are subject to the applicable LPA Fee Regulation. Page 10

11 7.3. Berthing fee for inland vessels The berthing fee is not levied for inland vessels for which the berthing time including discharging or loading times does not exceed 7 calendar days after the first mooring. After this the following applies: Each calendar week or part thereof Euro per ton (see tonnage certification) and calendar week Minimum fee in Euro per calendar week for the 1 st for the 2 nd for each further calendar day Disposal of waste from ship operations A fee for the disposal of waste will be applied to all vessels with the exception of fishing vessels and pleasure craft. Payment of the fee entitles the vessel to dispose of waste as outlined in Reporting, disposal confirmation The masters/officers of every vessel are obliged (with the exception of fishing vessels and pleasure craft) to report to the responsible authority (LPA) through the port operator the details in Annex II of the EU directive 2000/59/EG in accordance with 6 of the Port Regulation at least 24 hours prior to entering the port area but at the latest when the destination port is known. For voyages under 24 hours the details must be reported at the latest when the vessel leaves the last harbour Reports in connection with the arrival of vessels and waste disposal must be made Monday - Friday / 07:00 16: Delays may occur if reports are made outside the above times Forms provided by the LHG are to be used. These can be downloaded from the LHG website ( If necessary, forms that conform with EU directive 2000/59/EG can be used After disposing of waste, the vessel s masters/officers will receive written conformation (form copy) Disposal of ship-generated waste The vessel s masters/officers are obliged to dispose of on-board waste in the waste reception facilities prior to leaving the port Any permissible exemptions will be granted by the LPA. Page 11

12 Liquid waste from tanks must be pumpable at ambient temperature. Internationally standardized connections must be available (MARPOL 73/78 Annex I) Liquid oily wastes (MARPOL Annex I) will be disposed of by an LHG-approved company which will issue an invoice (see 8.7 below) Domestic waste (MARPOL Annex V) must be handed over to the disposal company in sacks. This includes food waste, packaging without hazardous deposits including plastic. Domestic waste must not be mixed with hazardous waste Disposal of cargo residue, hazardous waste, cargo-related waste The vessel s masters/officers are obliged to dispose of on-board cargo residue and hazardous waste in the waste reception facilities prior to leaving the port. This does not apply to vessels that regularly carry the same or similar cargo and where the operation of such a vessel does not require cleaning or degassing of the hold Hazardous waste is all ship-generated waste that needs to be monitored or ship-generated waste that is mixed with such waste; chemicals, oily workshop waste, packaging with deposits, fluorescent lamps, batteries, cleaning products etc The cost for the disposal of cargo residue, cargo-related waste and hazardous waste will be invoiced between the disposal company and the vessel directly Basis for the calculation of charges Charges are based on the gross tonnage of the vessel (GT) (London ITC 69; BGBL. II 1981 p.954) If no gross tonnage figures are available, 2 t deadweight are equal to 1 GT If the vessel is not obliged to dispose of waste, any costs that arise are to be settled between the disposal company and the vessel directly If limits for maximum quantities are exceeded, any additional costs will be settled between the disposal company and the vessel directly The LHG may charge costs arising from any misuse of the port waste reception facilities, such as the unauthorized disposal of waste in the facilities operated by the LHG, undue delay of the disposal process, late or incomplete reports to the vessel Standard disposal in accordance with 8.7. includes the journey to and from the vessel made by the disposal vehicle, pick up and disposal of solid household waste (MARPOL Annex V) and part of the disposal of liquid oily ship-generated waste (MARPOL Annex I). Any additional services will be invoiced between the disposal company and the vessel directly. Page 12

13 VAT at the appropriate rate will be added to all fees in this Fee Regulation that are subject to VAT General Exemption In accordance with 13 Hafenentsorgungsverordnung (Port waste disposal bylaw) an application for exemption from fees can be made to the responsible authority (LPA) can be made for vessels in liner service that make at least two calls to a harbour per month. This also applies to vessels that have been allocated a dedicated berth for more than 60 consecutive days in a year. Proof of proper waste disposal must be given when applying State-owned vessels, governmental vessels, coastguard vessels and naval vessels that are not deployed for commercial purposes may use the waste reception facilities at their own expense Responsibilities, monitoring The responsible authority is the port authority (LPA) in accordance with 4 of the Hafenverordnung (Port bylaw) of 15 December 1998 (BVOBl. Sch.-H. S503) The responsible authority is entitled to monitor the waste disposal process at all times to ensure compliance with the Landesverordnung für die Entsorgung von Schiffsabfällen und Ladungsrückständen in den schleswig-holsteinischen Häfen ( 15 Hafenentsorgungsverordnung). In particular the responsible authority can order a vessel not to leave the port until the shipgenerated waste has been disposed of correctly Disposal fees, additional services Disposal fees for ship-generated waste in accordance with MARPOL Annex I and V per vessel and call regardless of whether a vessel makes use of disposal services Cat. GT from GT up to *Maximum Marpol V in m³ 1 1 1,500 0, ,501 2,500 0, ,501 3,500 0, ,501 6,000 1, ,001 15,000 10, ,001 20, *solid domestic waste Minimum fee per port call Euro 25, If the LPA grants exemption in accordance with 13 Hafenentsorgungsverordnung (Port waste disposal bylaw), the fee is reduced by 70%, but the minimum fee remains. Page 13

14 Disposal fees include partial payment for oily liquids from ship operations (MARPOL Annex I) of 0,018 Euro/GT and waste water (MARPOL IV) of 0,001 Euro/GT. The LHG will refund this amount upon presentation of an invoice proving disposal in accordance with MARPOL I and/or MARPOL IV up to a maximum of the invoiced amount Contacts Disposal registration. Lübecker Hafen-Gesellschaft mbh Infodienst Nordlandkai T: +49 [0] Fax: +49 [0] Exemptions, Monitoring Authority. Lübeck Port Authority Abt. Hafenamt Ziegelstraße Lübeck T: +49 [0] Fax: +49 [0] schiffsmeldestelle@luebeck.de Contact: Stefan Weglehner (Harbourmaster) Telefon: +49 [0] schiffsmeldestelle@luebeck.de Contact for waste reception facilities. Betrieblicher Koordinator der Terminals Lübecker Hafen-Gesellschaft mbh Zum Hafenplatz Lübeck-Travemünde T: +49 [0] Fax: +49 [0] Internet: schiffsentsorgung@lhg.com Page 14

15 Contact for disposal fees and forms. Matthias Eckmann Lübecker Hafen-Gesellschaft mbh Zum Hafenplatz Lübeck-Travemünde T: +49 [0] Fax: +49 [0] Waste disposal companies. A list of companies can be provided on request 9. General Obligations for Utilization 9.1. Each utilization of the port has to ensure that the LHG-operated parts, areas and facilities of the public ports of the Hansestadt Lübeck and third parties and their property interests are not damaged, impaired or endangered. Each user has to inform the LPA and LHG of any damage and/or source of risk and arrange the short-term removal of pollutions caused by him or his customers at his own expenses The Fee Regulations for the disposal of ships waste in the LHG-operated port facilities by vessels or other floating bodies, as revised from time to time, shall be applicable to each and any utilization in the LHG-operated port areas. 10. General Rules for Utilization No vessel or other floating bodies shall be entitled to claim a specific berthing place and/or a continuous utilization of the same place throughout the berthing time The confirmation of utilization issued by the LHG does not imply or replace any official approvals from specific authorities. These must be obtained from the relevant authority by the port user In the event of unwarranted utilization or a conduct contrary to contract on the part of the user, the LPA and the LHG have a right to call for the termination of the actions or omissions that have brought about the unwarranted utilization or the undue conduct, setting an appropriate deadline for the termination or omission or, in case of danger or a significant restriction of the port operation demand immediate action or omission without further notice call for replacement at the expense of the party responsible. The LPA and/or the LHG shall be authorized to claim indemnity for the loss/damage and costs/expenses as well as an appropriate fee for such utilization The utilization may be made subject to the settlement of previous LHG-claims which may have become due The place of performance and place of jurisdiction in respect of claims and services rendered is Lübeck. Page 15

16 11. Final Provision Should any provision of these Fee Regulations be or become ineffective the remaining provisions shall nevertheless remain in full force and effect, and the ineffective provision shall be replaced by a new provision that serves the intent and purpose of the deleted provision These Fee Regulations for the utilization of those parts of the Public Ports of the Hansestadt Lübeck operated by the Lübecker Hafen-Gesellschaft mbh enter into effect on 1 st July Lübeck, 10 th May 2016 The Management of the Lübecker Hafen-Gesellschaft mbh Page 16

17 Enclosure 1 The Harbour Pilotage is not part of the fee regulation and is fixed and published by the Hansestadt Lübeck 1. Harbour Pilotage 1.1. Where a harbour pilot is provided by the LPA, his services are subject to a harbour pilotage. The harbour pilot service is carried out by the Lotsenbrüderschaft (Pilots' Guild) Nord-Ostsee- Kanal/Kiel/Lübeck/Flensburg under an administrative agreement between the Federal Republic of Germany, represented by the Wasser- und Schiffahrtsdirektion Nord (North German authority in charge of waterways) and the Hansestadt Lübeck The harbour pilotage for each transfer is from up to Euro per transfer ship's length 1 m 90 m ship's length 90 m 100 m ship's length 100 m 120 m ship's length 120 m 140 m ship's length 140 m 160 m ship's length 160 m Schiffslänge von bis EURO je Vorgang 1.1. Where pilot's services are provided outside the working hours of the Hafen- und Seemannsamt (Mondays to Fridays 7.00 a.m. to 4.00 p.m., Saturdays 7.00 a.m. to 1.00 p.m.) a surcharge of Euro will be levied for each hour. When calculating the surcharge, each hour commenced will be counted as a full hour. In addition to the time used for the transfer, a further lump sum equal to one hour will be levied for the harbour pilot's travelling time to the port and back (half an hour each way) If the pilot has been called in and is then dismissed at the port without having rendered any piloting services, or if, for any reason for which the ship's management is responsible, his services are cancelled while he is already on his way to the vessel, the minimum pilotage as per Item 1.2. will be levied. If the pilot is required outside the working hours of the Hafen- und Seemannsamt a further surcharge as per Item 1.3 will be levied For waiting times on board before or after the ship's transfer, a surcharge as per Item 1.3. will be levied for each hour commenced If, for reasons for which the LPA or their agents are not responsible, the intended transfer time is deferred or subsequently cancelled, a surcharge of 5.80 Euro will be levied for each hour commenced outside the working hours of the Hafen- und Seemannsamt for the stand-by time of the harbour pilot The pilotage will be charged by invoice which is payable to the Lotsenbrüderschaft Nord- Ostsee-Kanal II/Kiel/Lübeck/Flensburg. Page 17