TARIFF OF CHARGES FOR 2009 THE PORT OF BERGEN

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1 Adopted by the Board of Directors of the Port of Bergen TARIFF OF CHARGES FOR 2009 THE PORT OF BERGEN Valid from

2 C O N T E N T S VARIOUS CHARGES FOR 2009 Adopted by the Board of Directors of the Port of Bergen 5 December 2008 Laying up fee page 3 Traffic not dependent on sea Cargo fees " 4 Vehicle fees 6 Special fees " 6 Road bridge/ramp fees " 7 Tariff for use of the Port of Bergen's container cranes 7 Using a mobile crane " 8 Tariff for supplying water " 8 Tariff for supplying electricity " 8 Freezer containers in store " 9 ISPS security fees " 9 Waste fees " 10 Various hire and services 11 Control fees 11 Common regulations regarding documentation, payment of fees etc. 12 Page 2 of 12

3 L A Y I N G U P F E E S Charges for depositing goods and any other use of the public port area for commercial activities. 1. Where goods, incl. freight in containers and/or various equipment, are brought into the Port of Bergen areas, by sea or by land, and left for longer than 48 hours after completion of unloading/loading, the Port of Bergen charges a fee per day, or part thereof, according to the following tariff: In the open... NOK per m 2 2. Where the extent of the area is unknown, fees are calculated based on the gross tonnage according to the following tariff: In the open... NOK per tonne per day NB! 3. After 4 days on which fees have been paid, the charges are doubled. 4. The party responsible for payments to the Port of Bergen for such use of the Port areas is the party who has brought the goods or equipment to the Port of Bergen, or the party making use of the Port areas for commercial activities. In special cases, the receiver of the goods or the forwarder can contact the Port of Bergen in order to enter into an agreement. All the prices stated above are exclusive of VAT. Terms and conditions of collection. 1. Goods may only be left in locations as directed by the Port of Bergen. The goods must be removed as quickly as possible, unless the Port of Bergen is of the opinion that they can be left where they are. 2. Any goods stored without the approval of the Port of Bergen, or which are left longer than allowed, can be removed and stored at the expense of the receiver or forwarder in question. If such goods are not retrieved within 3 months, the Port of Bergen has the right to sell the goods by public auction following ordinary announcement. 3. Goods that do not provide sufficient security for incurred expenses, or which are easily perishable or able to cause damage, can be sold by the Port of Bergen before the expiry of 3 months, or destroyed if necessary. 4. If the Port of Bergen considers it necessary to improve packaging or to repackage goods, they have the right to do so and claim compensation for the expenses incurred. 5. The Port of Bergen is entirely free from liability for goods stored in the warehouses, on the quays and in open quay areas. NB 6. It is the responsibility of the individual forwarder/agent to provide the Port of Bergen with an accurate description of the nature of the goods as soon as possible after arrival, and also details of the recipient, address, weight or dimensions, last date of unloading, date of dispatch from storage, etc. If this is omitted and goods on which fees are payable are dispatched from storage, the forwarder/agent in question is made liable for the fees or other accrued expenses in accordance with the above regulations. If the forwarder is leasing warehouse space and/or the quay/area, then the Port of Bergen can waive this obligation to provide information. However, in such an event, the forwarder is required to provide corresponding details for the goods stored on open quay areas that are not covered by the lease. Page 3 of 12

4 TRAFFIC NOT DEPENDENT ON THE SEA 1. CARGO FEES Fees for cargo not dependent on the sea comprise payment for the use of public quays, areas and related devices. The processing, loading, unloading or transhipment onto or from railway wagons, vehicles and trailers of any kind, in the Port of Bergen's area, of cargo that has not entered the area or that is to leave the area by ship or boat requires the permission of the Port of Bergen. The granting of such permission to the forwarder/recipient/shipper, vehicle driver, etc. is conditional on a cargo fee being charged/paid for the goods for the above-mentioned use of the area. The Port of Bergen can withdraw permission at any time if the traffic conditions or other circumstances, including misuse, provide sufficient cause for such withdrawal. As with the charge on goods, the cargo fee covers storage of goods in the Port of Bergen s areas for up to 48 hours after unloading or loading. Tariff for cargo fees Item no. Description of goods Fee 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 8.50 Page 4 of 12

5 19 Cellulose and waste paper: All kinds of paper 20 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) Item no. Description of goods Fee per item 26 Cars, busses, tractors, trailers of all kinds Boats under 15 feet Boats over 15 feet 100 All prices stated above are exclusive of VAT. Cargo for which a charge on goods is made according to the tariff for port charges for the Port of Bergen is not subject to cargo fees. 1. Collecting cargo fees. Fees for incoming cargo are paid by the recipient. Fees for outgoing cargo are paid by the shipper. However this should not prevent a situation in which it is agreed that the cargo fee can be charged to the carrier if the fee is included in the carriage. Cargo fees are collected by the agent for the means of transport (the forwarder or the shipping agent). 2. 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 fee calculation and control, 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 cargo fee is not settled via the monthly reporting system, the fee will be collected according to normal rules, including the common regulations regarding collection. 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 fees. 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 cargo fee. The Port of Bergen will deduct from the invoice 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 Page 5 of 12

6 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 cargo fee. 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 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. 2. V E H I C L E F E E S Payment for use by vehicles of the port areas and quays when transporting cargo not dependent on the sea. For lorries, trailers, busses and such like transporting cargo not dependent on the sea to the Port of Bergen's areas, a charge is made of NOK per vehicle per 24-hour period. The charge for semi trailers is NOK per unit per 24-hour period. For all railway wagons, full or empty, arriving in the Port of Bergen's areas, a charge is made of NOK per railway wagon. Fees are collected by the Port of Bergen directly from NSB. All prices stated above are exclusive of VAT. S P E C I A L F E E S 1. Oil and drilling rigs, drilling ships, crane ships and other structures that anchor in the port district must pay NOK per day or part thereof, for each anchor deployed in the waters within area A. In area B, 90% of the above fee is paid. If such vessels use public mooring facilities, then an additional fee is payable of NOK per bollard per day or part thereof. The prior approval of the Port of Bergen is always required for anchoring or mooring plans. 2. Parties who do not comply with the prevailing regulation plan, other legislation and regulations applicable for port operations may be fined. The Port of Bergen charges a fine of NOK 1000 per container per day or part thereof for containers which are stacked higher than the statutory limit. 3. For pleasure craft/leisure boats under 15 metres in length which are not used for professional purposes, there is a wharfage fee of NOK 100 per day, while pleasure craft/leisure boats over 15 metres in length pay a wharfage fee of NOK 200 per day plus VAT. Supply of electricity to all leisure boats is charged at NOK 60 per day plus VAT. This regulation applies to payment at machines or in cash. If payment is made by invoice, the regulations in the tariff of port charges apply. All the prices stated above are exclusive of VAT. Page 6 of 12

7 R O A D B R I D G E / R A M P F E E S Fees for using the Port of Bergen's road bridges/ramps Tariff for usage are: A. Cars and other vehicles (though not bicycles or mopeds)... per item NOK B. Buses and cars with caravans... " " " C. Lorries and road trains, also trailers and semi trailers " " " All prices stated above are exclusive of VAT. The forwarders undertake to provide the Port of Bergen with information about vehicles and cargos at the end of each calendar month. Responsibility for payment of the fee rests with the vehicle/shipping line. T A R I F F F O R U S E O F T H E P O R T O F B E R G E N' S C O N T A I N E R C R A N E S 1. Normal working hours ( ). A. Heavy lifting, up to 30 tonnes: Crane hire... per hour NOK 1, Wages... " " " Total per hour NOK 2, B. Extra heavy lifting, tonnes: Supplement per lift - NOK Outside normal working hours. A. Weekdays Overtime supplement... per hour NOK B. Weekdays , plus Saturdays, Sundays and holidays: Overtime supplement... per hour NOK Other regulations: A. When operating a crane after a fixed supplement of NOK is payable to cover rest periods in accordance with the regulations in the Working Environment Act. B. Work done on Saturdays, Sundays and holidays is always subject to a minimum charge of 3 hours. C. Waiting time. Normal working hours per hour NOK Weekdays overtime supplement " " " Weekdays , plus Saturdays, Sundays and holidays overtime supplement... " " " D. Work during mealtimes. Payment for work done during mealtimes is the same as for waiting time outside normal working hours. Page 7 of 12

8 E. In accordance with 5 of the crane regulations for the Port of Bergen, there is a current fee of NOK for orders received after F. Ordering The charge for ordered overtime is... NOK All prices are exclusive of VAT. U S I N G A M O B I L E C R A N E Mobile cranes can only be used in the Port of Bergen's areas with the permission of the Port of Bergen. The charge for such use of the areas is NOK per hour, and a maximum of NOK 1, per day. All prices are exclusive of VAT. R A T E S F O R S U P P L Y I N G W A T E R 1. Supplying water to vessels, etc. NOK per tonne/m³. A charge is also made for wages NOK 6.90 per tonne/m³. 2. Minimum rate for supplying up to 15 tonnes/m³ NOK Local scheduled vessels, etc. that regularly fill up every month using their own crew: NOK per month. This rate is based on 4 fillings per month at NOK per filling. Maximum 15 tonnes/m³ per filling. 4. Where water supplies require a total hose length of over 30 metres, there is a charge of NOK per extra length of hose. 5. Overtime supplement for outside of normal working hours. A. Weekdays overtime supplement per hour NOK B. Weekdays , plus Saturdays, Sundays and holidays... " " " C. Standby and transport fees after " " " D. Any food allowance is according to a tariff. The overtime supplement is based on an average charge that is made regardless of whether the same person fills the water for one or more vessels at the same time. All prices are exclusive of VAT. R A T E S F O R S U P P L Y I N G E L E C T R I C I T Y 1. Supplying electricity to vessels, etc per kw/hr NOK 1.50 min. NOK 60 per day 2. Charges are also made for the following: A. Connection hire per item NOK B. Weekdays per hour NOK C. Weekdays overtime supp. per hour NOK D. Weekdays , plus Saturdays, Sundays Page 8 of 12

9 and holidays overtime supplement per hours NOK E. Standby and transport fees after NOK For hire of trailers with transformer: NOK 500 Supply of electricity and 1 hour s wages are also charged for connection, according to the rates presented in items 1 and 2 above. All prices above are exclusive of VAT. Electricity can be supplied to a party leasing space in our warehouses, etc. by arrangement with the Port of Bergen. The electricity supplied is measured using a deduction meter, and settlement is usually made twice a year. Electricity is supplied to parties leasing space in the Port of Bergen's warehouses etc., apart from the Hurtigrute terminal, at a rate of NOK 1.30 per kw/hr. If the market price goes above this rate, then the party leasing the space must pay the market price. F R E E Z E R C O N T A I N E R S I N S T O R E Where freezer containers are placed in stores, a fee is payable of NOK per container per day or part thereof. A fee of NOK is payable for testing cooling systems (PTI) for up to 4 hours. All prices are exclusive of VAT. ISPS S E C U R I T Y F E E S The following charges are payable for access to and use of the ISPS-approved port terminals at Skolten and Dokken: 1. Passenger fees of NOK 4.00 per passenger for combined ferries/passenger vessels. This fee is charged both when embarking and disembarking. 2. Passenger fees of NOK per passenger for cruise ships. 3. Vessel fees of NOK per day or part thereof for all vessels under 500 GT, excl. combined ferries/passenger vessels and cruise ships 4. Ship fees of NOK per day or part thereof for all vessels over 500 GT, excl. combined ferries/passenger vessels and cruise ships. 5. If a vessel requires additional security measures while in port as a consequence of a raised standby level onboard, the costs for these additional measures will be charged to the ship owner. 6. If a cruise ship notifies the Port of Bergen of a change in its time of arrival or departure later than 24 hours prior to arrival or departure, resulting in a need for extended security measures at the terminal, then the ship owner will be charged the actual costs of the extended security team. 7. For the initial issue of access cards to the ISPS-terminals, the cardholder or the cardholder's employer is charged NOK per card. Replacement cards are charged at NOK per card. Visiting cards are issued to visitors free of charge. All the above prices are exclusive of VAT. Page 9 of 12

10 W A S T E F E E S Fees for discharging ship's waste in the Port of Bergen prescribed in accordance with chapter 20 in the Forurensningsforskriften [pollution regulations] on the discharging and receipt of waste and cargo remnants from ships. The system The receipt arrangement must be self-financing. The Port of Bergen does not require a profit from the arrangement, but it must cover its costs. The Port of Bergen has installed environmental stations which can be used by all vessels with the exception of cruise ships and scheduled passenger ships which have to order their own waste containers directly from a waste management company approved by the Port of Bergen. All vessels must pay a waste fee, irrespective of whether they deposit waste or not. When discharging sewage, cargo remnants, sludge, hazardous waste and other special waste, the vessel must order and be invoiced for waste disposal from a waste management company approved by the Port of Bergen for the amount that is actually discharged. Waste fee: Cruise ships and scheduled passenger ferries Other vessels NOK 200 per day or part thereof NOK 6 per crew member and passenger per day or part thereof, min. NOK 200 per day or part thereof The number of crew members and passengers is calculated on the maximum number of persons the vessel is allowed to carry. The waste fee for Other vessels covers delivery to waste stations of up to 2 m 3 of waste on the first day, then up to 1 m 3 per subsequent day. Vessels wishing to dispose of more waste than this must order their own waste container and are invoiced directly by a waste management company approved by the Port of Bergen. All prices are exclusive of VAT. Waste which is not collected immediately after the departure of the vessel from the port will be handled by the waste management company with which the Port of Bergen has an agreement. The vessel will be invoiced for the costs incurred by the Port of Bergen in this connection. Exemptions from the waste fee: Fees can be reduced or waived if it can be proven that waste from the vessel is regularly discharged in another port, or if this is warranted by some other particular consideration. Applications with necessary documentation are submitted to the Port of Bergen in good time before the deduction or exemption is required. Reporting duty: All waste management companies operating in the port are obliged to submit monthly reports to the Port of Bergen regarding the volumes of different waste fractions received from ships. Reports are compiled on forms approved by the Port of Bergen. If the reporting duty is not fulfilled, the Port of Bergen has the right to deny the waste management company access to operations in the port. Further information about the arrangement: Go to: Page 10 of 12

11 V A R I O U S H I R E A N D S E R V I C E S GANGWAY, LORRY AND FENDERS Hire of gangway per day NOK 600 Hire of lorry per day NOK 600 (plus wages) Submarine fender per day NOK 600 per set (one set contains 3 fenders) Fenders Heart fenders Yokohama fenders on request on request on request SWEEPING MACHINE Sweeping machines per hour NOK 600 (plus wages) PORT OF BERGEN S BOATS M/B Nordnes patrol boat per hour NOK 1,800 (plus wages for min. 2 men) M/B Sydnes working boat per hour NOK 1,700 (plus wages for min. 2 men) WAGES Wages, ordinary working hours per hour NOK 500 Wages, 50% overtime supplement per hour NOK 250 Wages, 100% overtime supplement per hour NOK 500 Standby per hour NOK 300 All prices are exclusive of VAT. C O N T R O L F E E S Payment for illegal parking in the Port of Bergen areas/quays and lack of reporting. 1. Cars, trailers or any other wheeled stock, etc. can only be left in the Port of Bergen's areas on permission of the Port of Bergen. 2. The illegal parking of cars and depositing of stock in the Port of Bergen's area beyond a time required for loading/unloading, or getting into position in readiness for the departure of a ferry, incurs a charge of NOK per day. 3. Empty containers, trailers and carriages left in the Port of Bergen areas which have not been hired incurs the following charges: Empty container Trailers and carriages NOK 300 per TEU per day NOK 500 per unit per day Page 11 of 12

12 COMMON REGULATIONS REGARDING DOCUMENTATION, PAYMENT OF FEES ETC. 1. (Re. relationship with other regulations. Re. legal venue) These common regulations apply unless otherwise clearly specified in this tariff. The tariff, including the common regulations, is supplemented by normal Norwegian legislation. 2. (Parties responsible for fees/payment and documentation. Parties responsible for intermediaries) The parties who own the cargo or vessel (corresponding) or otherwise make use of the Port of Bergen s services, referred to hereinafter as the Port Users, are responsible for paying the claims due to the Port of Bergen according to this document. 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 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 fees and charges in accordance with this tariff. Ref. regulation regarding port statistics dated 1989, no 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 tariff. 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. 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 fees 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 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 etc. 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 12 of 12

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