(paragraph 1 of nº 27 of the Concession Contract)
Purpose and scope of application
1. The present regulations establish the rules for the functioning and commercial operation of the Container Terminal of the Port of Leixões.
2. Except if indicated otherwise, all the rules of the present regulations apply to the Northern Sector (NS) and the Southern Sector (SS) that are designated in the Concession Contract as the Northern Container Terminal and Southern Container Terminal, respectively.
3. The Northern Sector is the zone defined by the length of the 360 metre quay to the west of Dock nº 1 - North, and includes the adjacent parking area of 56.600 square metres. This zone does not include the quay wall nor the North-south moorings on that same dock.4. The Southern Sector is the zone defined by the length of the 543 metre quay to the south of Dock nº 4 - South, and includes the adjacent parking area of 131.000 square metres.
Ownership of the right to commercialy operate the container terminal
1. Under the terms of the Concession Contract signed with Administração dos Portos do Douro e Leixões, SA (APDL) on 20 December 1999, TCL - Terminal de Contentores de Leixões SA, has the exclusive rights to commercially operate the handling of containerized cargoes in the Container Terminal.
2. The exclusivity referred to in the previous number does not exclude the possibility of cargo handling operations being carried out by other parties in the terms and conditions defined by the legal regime anticipated in nº 2 of Article 26 of Act 298/93, of 28 August.
Scope of the public service under concession
1. The public service that is under concession consists of all the handling operations of containers to be loaded or unloaded in the Concession area. It also includes non-containerised goods that are complementary cargo of the ships laid up in the Container Terminal.
2. When the complementary cargo referred to in the previous number makes up more than 20% of the total cargo volume, loading and / or unloading operations in the Container Terminal are subject to prior authorization by APDL - Administração do Porto de Douro e Leixões, S.A.)
3. Under the terms of Article 1, TCL S.A. shall provide the following services:
1. Under the terms of the Concession Contract, TCL - Terminal de Contentores de Leixões, S.A. shall provide accessory services to the main purpose as long as the former are necessary for the carrying out of the latter. These accessory services must be carried out in accordance with the current rules for these services and the APDL must give written authorization, without prejudice to the content of the following number.
2. TCL - Terminal de Contentores de Leixões is authorized to supply water and electricity to the ships moored at the terminal. These services will be supplied at rates to be approved by APDL.
3. Should TCL - Terminal de Contentores de Leixões not be able to provide the services referred to in the previous number, APDL can authorize that these services are provided by other duly licensed organizations. TCL S.A. may not prevent or in any way make it difficult to provide these services.
1. While the Mobile Bridge is still functioning, APDL will ensure that it is operated in such a way to ensure the Southern Sector functions in accordance with the operating times set out in the following article.
2. While the pilot and tug services are under the APDL's responsibility, this organization will ensure that these services are available.
1. The container loading and unloading operations of the Leixões Container Terminal are carried out (performed) at the following times:
2. For the application of the maximum rates, the normal working schedule is from 08h00 to 24h00 for the above-mentioned days.
3. Receiving and delivery of containers is done on weekdays from 08h00 to 24h00.
4. Work on Sundays and holidays shall be charged at extra cost rates. These costs shall be calculated at a rate 90% higher than work performed in normal working periods with a minimum of 100 container movements per shift.
5. Work during the period 00h00 to 08h00, Monday to Sunday, is under an overtime regime.
6. For overtime work carried out, the Ship Owner or his representative will be responsible for paying all the extra costs resulting from specific negotiations that will take account of Portuguese legislation and other sector regulations, including the applicable collective bargaining rules.
7. Due to non-compulsory nature of overtime work, operations in these periods are subject to port workers availability.
Docking of ships
1. Container ships calling Leixões shall be berthed at one of the Container Terminal sectors to carry out loading and unloading operations.
2. TCL can ask APDL to authorize operations on mixed ships outside the Container Terminal and to move containers to such sites.
3. Berthing place shall be determined by Port Authority in collaboration with the TCL, taking into account the Concession Holder's operational plan and provided rules in force shall not be infringed.
4. A ship is considered to be berthed when it is in operational conditions, free of obstacles that might impede not just the entry on board of TCL S.A. employees but also the use of equipment necessary for the handling of containers and other cargoes.
5. The order of berthing is determined by the Port Authority.
6. The solely purpose for the berthing of ships at Leixões Container Terminal is the loading and unloading of cargo; it is expressly forbidden for ships to remain alongside or for ships to carry out engine tests. The only exceptions are in case of force majeure that have been expressly authorized by the Concession Holder and the Concessionaire.
7. TCL S.A. will give to APDL prior information concerning the expected operations of ships working at the Terminal, including the alterations that might occur in the course of the same operations.
Notification of container movement
1. At least 24 hours before the arrival of the ship, the respective representative must hand the Terminal administrative services the unloading plan and respective lists of containers to be handled. These lists, including containers to be unloaded and loaded, should include container initials, numbers, sizes, type, net and gross weights, regime and origin or destination (port and respective terminal), as well as containers to be shifted.
2. Containers that carrying dangerous cargoes must be clearly marked, without prejudicing the content of article 11.
Reception of containers to be loaded
1. The Terminal will receive containers for loading after the announcement of the forecast arrival of the ship has been received by the Operational Services. The Operational Services will open the respective process that must indicate berthing number attributed by Port Authority and to be supplied by the ship's Agent.
2. In order to plan ship's loading/unloading operations containers to be loaded shall be delivered in the Terminal by the end of the shift before the one foreseen to start ship operations.
3. The Terminal can accept export containers up to the time of starting unloading operations as long as, from TCL's point of view, this does not adversely affect Terminal/vessel operations.
1. Container parking management is the responsibility of TCL, S.A.
2. Each Sector of the Container Terminal has storage facilities for containers to be loaded or unloaded from the ships.
3. Parking of containers shall be done in such a manner to permit permanent optimisation of the use of available space and operations.
4. The Terminal will offer zones for storage of full and empty containers, zones for reefer containers and also zones for containers bound from/to railway. In addition there will be zones where containers can be checked on Authorities demand.
5. In exceptional cases of Terminal congestion, TCL S.A. can, after having obtained the agreement of the Port Authority, demand that Consignees of containers that have been parked for more than 7 days remove these from the Terminal within 48 hours.
6. TCL S.A. may also demand the removal of containers in the terms foreseen in the previous number in exceptional cases of physical degradation of the containers themselves or their contents.
Containers with dangerous goods
The transit of containers transporting dangerous goods, including the operations of loading and unloading of the vessel, handling, parking and opening containers in the port is governed by the rules established for dangerous cargo movement in the Concession Holder's Safety Plan and in the Port Authority's Safety Manual.
1. Until internal connection with the Port of Leixões is made, access to Leixões Container Terminal is by the Southern Sector (SS), where the main gatehouse is situated. Circulation between the Northern Sector (NS) and the Southern Sector (SS) is done using the internal port area roads.
2. Administrative and physical controls of the vehicles and cargoes is made at the main gatehouse in the space allocated for this purpose. The connection between the NS and the SS is controlled by the internal gatehouses in each of the Sectors.
3. Only the following vehicles are allowed to enter the Terminal area:
4. In exceptional circumstances and on grounds of safety and work effectiveness, the Terminal services can restrict the vehicles mentioned in the previous number from entering and/or parking in any of the working zones. This does not apply to Port Authority vehicles carrying out inspections and checks, to ambulances, first-aid vehicles nor to the vehicles of other public institutes that are in service.
1. The circulation of vehicles moving containers and others that are allowed access is only authorised in the defined traffic zones and in accordance with the established circulation routes that are given on the appended drawings.
2. For traffic control purposes the Terminal has suitable signs and markings, including road surface markings and traffic signs in accordance with the Highway Code.
3. For all purposes, the railways, as well as the rail tracks of the overhead cranes of the dock and the park, are considered to be level crossings without guards.
4. The vehicles that circulate in the Terminal can only turn around when the containers that are to be placed in the park or put on the vehicle are in the opposite sense to that in which the vehicle currently is.
5. Without affecting the content of the previous article, it is forbidden for any vehicle that is not connected to the operations to remain in the Terminal.
6. The rules of the Highway Code apply to vehicles circulating inside the Terminal.
1. Pedestrian access is by the indicated route at the main gatehouse.
2. Except in situations that are expressly authorized by TCL S.A., pedestrian transit inside the terminal operations area is prohibited. This does not apply to the Port Authority agents.
Suspension of operations
For Safety reasons, and under the terms of the Port of Leixões Safety Plan, TCL S.A. can suspend terminal operations as long as APDL has given its agreement.