Портовые сборы Роттердам AV-EN

consent of the Harbour master and/or of persons called in by the Harbour master, is to be decided which party/parties will be called in and which measures will be taken.

30.2If Client fails to fulfill its obligations as stated above in Article 30.1, fails to fulfill them on time, fails to fulfill them completely or fails to fulfill them adequately, HbR NV has the right to clear the pollution, or to have it cleared, at the expense and risk of the Client. All costs made and damages suffered by HbR NV in connection with the clearance, must be paid to HbR NV by the Client immediately upon reminder, plus a surcharge of 15% or € 5,000, whichever is the greater, as a contribution towards the stand by costs of having a clearance vessel and crew stand by.

Article 31 Liability

31.1The liability of HbR NV that may arise in relation to any activity by HbR NV or a person covered by the liability of HbR NV by law will under no circumstances exceed the amount paid to HbR NV by the insurer of HbR NV.

31.2HbR NV’s liability for activities performed by HbR NV and/or the (State)Harbour master of Rotterdam as part of their public tasks based on and regulated by public law, as defined in Article 4.1 is excluded.

31.3If for any reason whatsoever HbR NV’s insurer does not effect payment to HbR NV or if the damages are not covered by HbR NV’s insurance, HbR NV’s liability will never exceed an amount of € 500 per damages incident/event. A series of connected damages incidents/events will be deemed as a single damages incident/event.

31.4The provisions set forth in this Article do not apply if and insofar as the damage is due to gross negligence or intent of HbR NV.

31.5All liability of HbR NV for loss of profit, reduced revenue and/or turnover, time delay and any other indirect and/or consequential loss is expressly excluded.

Article32 Force Majeure

32.1If HbR NV fails in the fulfilment of any obligation towards the Client, this failure cannot be imputed to HbR NV, and consequently HbR NV is not in default, if HbR NV's fulfilment of that obligation is impeded or rendered impossible by foreseeable or unforeseeable circumstances beyond the control of HbR NV. Such circumstances include but are not limited to: war, terrorism, occupation, governmental measures of any nature, natural disasters, fire, explosion, extreme weather, blockades, strikes, shortage of berthing facilities and any other circumstances not reasonably foreseeable by HbR NV and beyond the control of HbR NV.

32.2In the event of force majeure, HbR NV is entitled to suspend fulfilment of its obligations until such time that the situation of force majeure no longer impedes fulfilment. In the event that the situation of force majeure lasts longer than one month, then HbR NV and the Client are each entitled to fully or partially dissolve the agreement without being obliged to pay any damages.

Article 33 Indemnification

33.1The Client indemnifies HbR NV against claims on any basis whatsoever brought by third parties alleging to have suffered damages through the use of the Port and/or Inland Port Area or through the services provided by HbR NV to the Client.

Article 34 Suspension and dissolution

34.1If the Client remains in default of any obligation towards HbR NV, as well as in the event of bankruptcy, suspension of payments or cessation of the Client’s business, HbR NV is entitled to, without judicial intervention and without incurring any compensation to be paid to the Client, either suspend the services, in whole or in part, for a temporary period or permanently, or dissolve the

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agreement in question in reference to all or part of the as yet unfulfilled portion of the agreement, at HbR's discretion, this by means of a written declaration. The foregoing is without prejudice to the other rights accruing to HbR NV.

34.2In the event of dissolution of the agreement on the grounds stated in Article 27.1, all claims held by HbR NV become immediately exigible in full.

Article 35 Removal of Seagoing Vessel and/or Inland Vessel

35.1If the Client fails to fulfil its obligations or fails to fulfil them on time, HbR NV has the right to remove the Seagoing Vessel and/or Inland Vessel, or to have the vessel(s) removed, at the expense and risk of the Client.

Article 36 Applicable law and disputes

36.1The legal relation between HbR NV and the Client is governed by Dutch law, to the exclusion of all other laws.

36.2The competent court in the district of Rotterdam will have in first instance exclusive competence over any disputes that may arise in connection with these General Terms and Conditions.

Article 37 Nullity of one or more provisions

37.1The nullity of any provision set forth in the agreement or in these General Terms and Conditions has no effect on the other provisions of the agreement and these General Terms and Conditions.

37.2If and insofar as any provision set forth in the agreement or in these General Terms and Conditions should be deemed to be unreasonably onerous, unacceptable or invalid under the given circumstances, then that provision will be replaced by a provision applicable between the parties that, taking all circumstances into account, will be acceptable and approach the scope of the provision deemed non-applicable under the circumstances.

These General Terms and Conditions apply as from January 1st 2013.

Havenbedrijf Rotterdam N.V.

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Annex 1: Port tariffs

§ 1 Rates for Port Dues

1.1 Definitions

a) Scheduled Service

A Seagoing Vessel is sailing in Scheduled Service when all of the following conditions are met:

1)The Seagoing Vessel sails in accordance with the timetable submitted by the Client to HbR NV, port tariffs department. This timetable must be announced 28 days before arrival, and the Seagoing Vessel must call in at least one port abroad in addition to the Port Area. The timetable will show the last port called at and the next port to be called at after calling at the Port Area.

2)The Seagoing Vessel is deemed to be a common carrier. This means that the Seagoing Vessel transports Cargo for multiple principals. Whether the Seagoing Vessel is actually transporting common Cargo will be verified based on the transported cargo packages.

3)The Seagoing Vessel loads and/or discharges only general cargo.

b)Shortsea/Feeder Service

A Seagoing Vessel is sailing in Shortsea/Feeder Service when all of the following conditions are met:

1)The Seagoing Vessel sails on a Scheduled Service.

2)The Seagoing Vessel's sailing area is limited to Europe, the Mediterranean Sea area, the Black Sea area, Morocco, the Canary Islands, Madeira and the Cape Verde Islands.

c)Deepsea Service

A Seagoing Vessel is sailing in Deepsea Service when all of the following conditions are met:

1)The Seagoing Vessel sails on a Scheduled Service.

2)The Seagoing Vessel's sailing area is not limited to Europe, the Mediterranean Sea area, the Black Sea area, Morocco, the Canary Islands, Madeira and the Cape Verde Islands.

1.2 Rates

BASIC PRINCIPLES

When special rates (§ 1.3 of annex 1) do not apply, port dues will be calculated per type of Seagoing Vessel in accordance with the under mentioned steps and schedules.

An amount equal to 0.35 % is included in the GT tariff and Cargo Rate and is raised by Port of Rotterdam on behalf of Deltalinqs and the Association of Rotterdam Shipbrokers and Agents for representation of its members and for social projects for seafarers in the Rotterdam Port.

When more than 80 % of the loaded and/or discharged Cargo consists of containers, general cargo ships are dealt with as if they were Container ships not sailing in Scheduled Service. When more than 80 % of the loaded and/or discharged Cargo consists of dry bulk, general cargo ships are dealt with as if they were bulk carriers. When more than 80% of the loaded and/or discharged cargo consists of other general cargo, bulk carriers are dealt with as if they were general cargo ships not sailing in Scheduled Service.

The ‘first type of cargo that needs to be paid’ – as mentioned below in step 3 – is primarily regarded to be the transhipped cargo that corresponds with the type of ship (e.g. crude oil in case of an oil-/product tanker or coal in case of a bulk carrier). If more corresponding types of cargo are being transhipped (e.g. coal and ore in case of a bulk carrier) the ‘first type of cargo that needs to be paid’ is regarded to be the type of cargo with the highest cargo rate. If only non-corresponding types of cargo are being transhipped the ‘first type of cargo that needs to be paid’ is regarded to be the type of cargo with the highest cargo rate. If both corresponding and non-corresponding types of cargo are being transhipped the ‘first type of cargo that needs to be paid’ is regarded to be the corresponding type of cargo with the highest cargo rate.

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STEPS*

step 1: Determine the applicable type of ship and switch percentage with the use of schedule 1.

step 2: Calculate the port dues related to the GT-size of the ship with the use of schedule 1 (GT-size x GT-tariff).

step 3: Calculate the maximum port dues related to the cargo by multiplying the GT-size, the switch percentage of schedule 1 and the cargo rate of schedule 2 that corresponds with the ‘first type of cargo that needs to be paid’ (GT-size x switch percentage x cargo rate).

step 4: Calculate with the use of schedule 2 per type of transhipped cargo the port dues related to the transhipped quantity in Tons (transhipped quantity x cargo rate).

step 5: Determine the amount on port dues owed to HbR NV by adding the result of step 2 with the lowest result of step 3 and 4.

*To clarify the working of the fore mentioned steps a few examples have been set out in annex 2. Although these examples have been put together with the utmost accuracy, no rights can be derived from it.

** If no switch percentage is applicable to the type of ship concerned, step 3 is not applicable and step 5 exists of adding the result of step 2 with the result of step 4.

SCHEDULE 1 ‘GT TARIFF’

* GT tariff includes a recovery rebate that only applies to calls starting as of January 1st 2013

SCHEDULE 2 ‘CARGO RATE’

* Cargo Rate includes a recovery rebate that only applies to calls starting as of January 1st 2013

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1.3 Special rates

When the special rates of this paragraph apply, port dues will only be calculated by multiplying the GT-size by the applicable tariff of the Schedule ‘Special rates’ and will not be based on the calculations mentioned in paragraph 1.2.

A Clearance rate

This rate applies when a Seagoing Vessel arriving from or departing to the Hinterland visits the Port for outward or inward clearance only, and in addition, all the following conditions are met:

1)The Seagoing Vessel must choose one of the following berths: in Rotterdam, the Parkkade or the Lloydskade, and in Dordrecht, the Handelskade or the Tweede Merwedehaven;

2)The stay is limited to a maximum of 12 hours.

B Lay up rate

This rate applies when a Seagoing Vessel is laid up in the Port and will take effect from the day that the total stay of the ship overrides a period of two months. The lay up rate applies per month or part thereof.

C Bunkering rate

This rate applies when the stay of the Seagoing Vessel is limited to a maximum of 48 hours and the visit is solely used for Bunkering purposes.

D Hinterland rate

This rate applies when a Seagoing Vessel arriving from or departing to the Hinterland visits the Port for the performance of transfer activities, so long as this rate is requested at the same time as the statement of Port Dues as referred to in Article 7 of these General Terms and Conditions.

Schedule ‘Special rates’

* GT tariff includes a recovery rebate and only applies to calls starting as of January 1st 2013

1.4 Discounts

The following discounts apply to port dues that are calculated in accordance with paragraph 1.2:

A Green Award discount

LNG tankers and Oil-/product tankers with a Deadweight of 20,000 Tons or more (excepting combination tankers) provided with a Green Award Certificate qualify for a 6% discount on the port dues already paid. This discount will be paid out retroactively and upon request.

B Environmental Ship Index discount

Seagoing Vessels that score 31.0 points or more on the Environmental Ship Index (ESI), as administrated by the International Association of Ports and Harbours (and consultable via www.wpci-esi.org) qualify for a 10% discount on the port dues related to the GT-size already paid. The discount only applies to the first 20 calls per single ship per quarter. This discount will be paid out retroactively per quarter. If no more than 25 Seagoing Vessels score 31.0 points or more, this discount will be applied on a quarterly basis to the 25 highest scoring Seagoing Vessels on the ESI only if and insofar these Seagoing Vessels score at least 20.0 points and called at the Port in 2013.

C Agribulk discount

Seagoing Vessels with a GT of 10,000 or more discharging and/or loading agribulk are eligible for the frequency discount as mentioned in the schedule placed hereunder for the percentage of the port dues already paid that relates to the discharged and/or loaded agribulk. The discount is granted to the charterer

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afterwards upon request. To determine the agribulk discount the number of calls per year that can be ascribed to the charterer are taken into account. The number of calls is therefore not based on the individual Seagoing Vessel. The appropriate charter parties or similar documents must be added to the request.

D Second call discount for Seagoing Vessels in Deepsea Service

A Seagoing Vessel in Deepsea Service makes a second call when it visits the Port for the second time within one voyage. These ships are eligible to the discounts set out in the schedule hereunder. This discount only applies to the port dues related to the GT-size of the Seagoing Vessel.

E Deepsea transhipment discount

For the application of this discount the term Container operator means: the natural person or legal entity directly providing containers to third parties for the maritime transportation of goods either on it’s own Containerships in Deepsea Service or on Containerships in Deepsea Service of third parties.

Only loaded containers in transit in Rotterdam in 2013 are eligible for a single discount of € 1.00 per TEU, only and insofar the first loading port is located outside Europe, the Mediterranean Sea area, the Black Sea area, the Baltic Sea area, Morocco, the Canary Islands, Madeira and the Cape Verde Islands and the final port of discharge is located within the fore mentioned areas or vice versa.

This discount is only granted to the Container operator who paid port dues directly to HbR NV and cannot exceed the total amount of net paid port dues in 2013. The discount will be paid out retroactively and only upon request in writing.

F Feeder transhipment discount

Only loaded containers transported from or to Rotterdam by Containership in Shortsea/Feeder Service are eligible for a single discount of € 1.50 per TEU, only and insofar (i) the first loading port is located outside

Europe, the Mediterranean Sea area, the Black Sea area, the Baltic Sea area, Morocco, the Canary Islands, Madeira and the Cape Verde Islands and the final port of discharge is located within the fore mentioned areas or vice versa and (ii) the containers are in transit in Rotterdam in 2013.

This discount is only granted to the Client who paid port dues for the Containership in Shortsea/Feeder Service involved and cannot exceed the total amount of net paid port dues in 2013. The discount will be paid out retroactively and only upon request in writing.

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The different types of vessels are classified in the following categories. Depending on the applicable category either a raise or a discount on the basic tariff will be applied. Raises are used for the funding of the Stimulation Program for cleaner Inland Vessels and transferred by HbR NV to the Expertiseen InnovatieCentrum Binnenvaart (EICB). HbR NV automatically classifies every type of vessel into category 1. If this classification is not right, the Client needs to apply for a different classification by filling out an application form that can be downloaded from [www.portofrotterdam.com/portdues].

§ 3 Rates for waste fee

3.1 Rates

In the Port, the amounts of the waste fee, the processing charges and the collection fee are based on the capacity of the main engine (MEC) as set out below in both schedules. The fees are owed tot HbR NV whether or not waste is actually issued.

Appendix I: Fuel residue/sludge, used motor oil, bilge water

Appendix V: waste, plastic

Other conditions and the corresponding compensation under which ships' waste can be issued by the Seagoing Vessel to the appropriate designated port receiving facilities is set out in the Port Waste Plan for the Rotterdam-Rijnmond Region. For more information, consult www.portofrotterdam.com.

3.2 Exceptions

In order to be eligible for an exemption from the waste contribution, alongside the provisions of Article 25 of these General Terms and Conditions, a Seagoing Vessel must meet all the following conditions:

1)the Port must be called at by the Seagoing Vessel at least once every 14 days;

2)the Seagoing Vessel must hold a published sailing timetable;

3)the Seagoing Vessel must pay a waste contribution with the object of providing for adequate collection and processing of ships' waste in at least one of the EU ports listed in the published sailing timetable.

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Annex 2: Examples

To clarify the working of the fore mentioned steps a few examples have been set out here below. Although these examples

have been put together with the utmost accuracy, no rights can be derived from it.

STEPS

step 1: Determine the applicable type of ship and switch percentage with the use of schedule 1.

step 2: Calculate the port dues related to the GT-size of the ship with the use of schedule 1 (GT-size x GT-tariff).

step 3: Calculate the maximum port dues related to the cargo by multiplying the GT-size, the switch percentage of schedule 1 and the cargo rate of schedule 2 that corresponds with the ‘first type of cargo that needs to be paid’ (GT-size x switch percentage x cargo rate).

step 4: Calculate with the use of schedule 2 per type of transhipped cargo the port dues related to the transhipped quantity in Tons (transhipped quantity x cargo rate).

step 5: Determine the amount on port dues owed to HbR NV by adding the result of step 2 with the lowest result of step 3 and 4.

In the examples mentioned below possible applicable discounts are not taken into account

step 1 = Type of vessel is chemical/gas tanker. The switch percentage is 133.7% step 2 = GT-size 23,240 x GT-tariff € 0.292 = € 6,786.08

Payable dues = € 583.46 + € 751.72 = € 1,335.18

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