SECÇÃO I

Application of the Operating Regulation

Article 1º

Object and Scope

1. This Regulation establishes the technical operating conditions for the operation of the ports of Douro and Leixões and applies, in the port area under the jurisdiction of the Administração dos Portos do Douro e Leixões, S.A., hereinafter referred to as APDL, APDL - Administration or port authority, to all activities related to the movements of vessels, goods, and passengers.

2. Without prejudice to the applicability of this Regulation, in concessioned operating areas, the exploration activities will be subject to specific regulations, drafted by the concessionaire companies and approved by APDL.

Article 2º

Definitions

For the purposes of this Regulation:

a) "Shipping agent": commercial companies duly constituted and licensed to practice activities related to the agency and consignment of vessels, as expressed in the law;
b) "IMDG Code": the International Maritime Dangerous Goods Code, applicable to maritime transport;
c) "Stevedoring company": legal entities licensed to carry out cargo handling activities in the port area, in accordance with current legislation;
d) "Port operator": the company responsible for port operations, which may or may not be licensed as a stevedoring company;
e) "Passengers": all persons over 1 year of age who, being transported on vessels using port facilities, are not part of the respective crews;
f) "Port services": those provided by the Administration or by individuals or legal entities authorized or licensed for this purpose, in the maritime and land areas of the ports, to vessels, passengers, and goods;
g) "Storage area": where temporary storage of cargo is carried out;
h) "Work area": the area adjacent to the quay where cargo handling operations to and from ships are carried out;
i) "Transit area": intended for the circulation and parking of vehicles;
j) "Port area": where activities related to maritime commerce are carried out.

Article 3º

Exploration Area

The area of the ports reserved for land exploration is classified into work area, transit area, and storage or warehousing areas.

Article 4º

Authorities

1. In addition to the port authority, the authorities that exercise their action autonomously and directly in the ports of Douro and Leixões are the customs authority, maritime authority, border authority, health authority, and animal and plant health authorities.

2. The functions of each of the authorities referred to in the previous number are exercised within the scope of the powers conferred by law.

Article 5º

Competence

Within the exploration area, the Administration has the competence to, namely:

a) Build and maintain maritime and land structures of the ports;
b) Acquire floating and land equipment;
c) Authorize the execution of any works or tasks;
d) Conduct or authorize commercial, industrial, or service activities;
e) Direct and coordinate navigation services;
f) Provide pilotage, towing, and mooring services;
g) License, coordinate, and supervise the activity of stevedoring companies;
h) License, coordinate, and supervise the activity of shipping agents;
i) License and regulate the exercise of ship repair and supply activities;
j) License and regulate the activities of superintendence and surveying;
k) Promote the safety of port facilities;
l) Apply sanctions provided for in laws and regulations;
m) Collect fees for any activities or services provided;
n) Resolution of omissions.

Article 6º

Exclusive

The operation of the ports of Douro and Leixões can only be carried out by the respective Administration, directly or by licensed or concessionaire companies.

Article 7º

Subject to the tariff regulation

APDL's tariff regulation establishes the rules of incidence and the fees due for the use of facilities, equipment, and the provision of services.

Article 8º

Port Interest

1. For the purposes of applying this Regulation and any regulations in which the Administration is an interested party, port interest is understood to be a set of values that must be pursued by the port authority in defense of the public interest, namely:

a) Guarantee of the safety and conservation of port infrastructure, facilities, buildings, and equipment;
b) Safeguarding goods and the environment of the river-maritime and land areas under its jurisdiction;
c) Protection of the legitimate interests of the port community;
d) Optimization and rationalization of economic exploitation and development of the ports of Douro and Leixões;

2. The application of the rules contained in this Regulation and in complementary regulations may be waived whenever port interest justifies it.

Article 1º

Object and Scope

1. This Regulation establishes the technical operating conditions for the exploitation of the ports of Douro and Leixões and applies, in the port area under the jurisdiction of the Administration of the Ports of Douro and Leixões, S.A., hereinafter referred to as APDL, APDL - Administration, or port authority, to all activities related to the movements of vessels, goods, and passengers.

2. Without prejudice to the applicability of this Regulation, in concessioned exploitation areas, the exploitation activities will be subject to their own regulations, drawn up by the concessionaire companies and approved by APDL.

Article 2º

Definitions

For the purposes of this regulation, the following terms are understood as:

a) "Shipping agent": regularly constituted commercial companies licensed to practice activities related to the agency and consignment of vessels, as expressed in the law;
b) "IMDG Code": the International Maritime Dangerous Goods Code, applicable to maritime transport;
c) "Stevedoring company": legal persons licensed to carry out cargo handling activities in the port area, in accordance with the legislation in force;
d) "Port operator": the company responsible for port operation, which may or may not be licensed as a stevedoring company;
e) "Passengers": all persons over 1 year of age who, being transported on vessels using port facilities, are not part of the respective crews;
f) "Port services": those provided by the Administration or by individuals or legal entities authorized or licensed for that purpose, in the maritime and land areas of the ports, to vessels, passengers, and goods;
g) "Storage or warehouse area": where temporary storage of cargoes is carried out;
h) "Working area": the area adjacent to the quay where cargo handling operations to and from ships are carried out;

I) "Transit area": intended for the circulation and parking of vehicles;
j) "Port area": where activities related to maritime commerce are carried out.

Article 3º

Exploration Area

The area of the ports reserved for land exploitation is classified into working area, transit area, and storage or warehouse areas.

Article 4º

Authorities

1. In addition to the port authority, the authorities that exercise their action autonomously and directly in the ports of Douro and Leixões are the customs authority, the maritime authority, the border authority, the health authority, and the animal and plant health authorities.

2. The functions of each of the authorities referred to in the preceding paragraph are exercised within the scope of the powers conferred by law.

Article 5º

Competence

Within the exploitation area, the Administration has competence to:

a) Build and maintain the maritime and land works of the ports;
b) Acquire floating and land equipment;
c) Authorize the execution of any works or tasks;
d) Carry out or authorize the conduct of commercial, industrial, or service activities;
e) Direct and coordinate navigation services;
f) Provide pilotage, towing, and mooring services;
g) License, coordinate, and supervise the activity of stevedoring companies;
h) License, coordinate, and supervise the activity of shipping agents;
i) License and regulate the exercise of ship repair and supply activities;
j) License and regulate superintendence and survey activities;
k) Promote the security of port facilities;
l) Apply sanctions provided for in laws and regulations;
m) Collect fees related to any activities or services provided;
n) Resolution of omissions.

Article 6º

Exclusive

The exploitation of the ports of Douro and Leixões can only be carried out by the respective Administration, directly or by licensed or concessioned companies.

Article 7º

Subject to the tariff regulation

APDL's tariff regulation establishes the rules of incidence and the fees due for the use of facilities, equipment, and provision of services.

Article 8º

Port Interest

1. For the purposes of applying this Regulation and any regulations in which the Administration is an interested party, port interest is understood to mean a set of values that must be pursued by the port authority in the defense of the public interest, namely:

a) Guaranteeing the safety and conservation of port infrastructures, facilities, buildings, and equipment;
b) Safeguarding goods and the environment of the river-maritime and land areas under its jurisdiction;
c) Protecting the legitimate interests of the port community;
d) Optimizing and rationalizing the economic exploitation and development of the ports of Douro and Leixões;

2. The application of the rules contained in this Regulation and complementary regulations may be set aside whenever the port interest justifies it.

Article 9º

Request to the Administration

1. The provision of services and the use of Administration equipment shall be preceded by requests made by interested parties, through the computer application, on specific forms, or by other means used in the port authority.

2. Port users shall accredit their representatives or agents authorized to submit requests to the Administration.

3. Requests must be correctly filled out and submitted to the services within the deadlines established for this purpose, failing which the requesters shall be responsible for the imperfect or impossible satisfaction of the requested services.

4. Acceptance of a request made in the prescribed manner does not obligate the Administration to fulfill the requests, either wholly or partially, under the conditions, date, time, and location requested, as it depends on the overall program of services to be provided.

5. In cases referred to in the preceding paragraph, the requester shall be informed of the impossibility of meeting their request with the maximum possible notice.

6. The Administration may not provide services for reasons of security, lack of space, or lack of human or material resources.

7. Requesters are responsible for the payment of requested services unless they are not provided for reasons attributable to the Administration.

Article 10º

Inspection and Coordination

1. In the exercise of its inspection and coordination functions, the port authority may intervene in port activities.

2. Access to vessels anchored or moored and access to private facilities and buildings, licensed, concessioned, contracted, or under any other legal or regulatory regime of assignment, shall be granted to Administration personnel, upon presentation of credentials or their identification documents, when exercising their functions.

Article 11º

Provision of Information

Entities using the port, regardless of the regime or quality in which they do so, are required to provide all information and supply statistical data, information, or forecasts regarding activities in the port area requested by the Administration within the deadlines set.

Article 12º

Damage Repair

1. Repairs to damage or faults caused to port equipment or other assets shall be carried out by the Administration or, exceptionally, by the respective responsible parties at its request, under the supervision and technical guidance of the Administration and within the deadlines set by it.

2. The Administration shall notify the offender or their representative, indicating the budgeted cost for the service and setting a deadline for any request for self-repair.

3. If the responsible parties do not respond, the Administration shall carry out the respective works, debiting them for the expenses.

Article 13º

Guarantee of Charges

1. In case of non-payment of fees or other charges within the established deadline, the Administration may, without prejudice to coercive collection, activate the guarantees intended for this purpose and prohibit the exercise of the activity in case of non-reconstitution of the activated guarantee.

2. Competent authorities may be requested not to authorize the departure of any vessel responsible for payments due to the Administration until they are settled or guaranteed by suitable deposit or bond.

3. The Administration may demand immediate payment of fees or other charges, not allowing, if necessary, the removal of goods.

4. Whenever the Administration deems it necessary, it is lawful to require the provision of a deposit-guarantee or prepayment of the services to be provided.

Article 14º

Operating Hour and Functioning of Ports

1. The ports of Douro and Leixões operate 24 hours a day, every day of the year.

2. Port services shall operate in such a way that regular and continuous service can be provided.

3. Port operations may be wholly or partially suspended due to inclement weather, safety, or other operational reasons. The suspension of operations shall be announced with the utmost possible advance notice.

4. In addition to what is provided in the preceding paragraph, the maritime authority, as provided for in decree-law no. 44/2002, of March 2, may determine the closure of the bar, due to imperatives arising from the alteration of public order, and, after consulting the port authority, based on reasons relating to weather and sea conditions.

5. During the complete closure of operations, port services will always remain in operation or available.

SECTION I

Definitions

Article 15º

Watercraft

1. Watercraft refers to all aquatic vehicles of any nature, including non-submersible ones and hydroplanes, used in navigation and maritime trade.

2. For better clarification of special cases covered in this Regulation and the Tariff Regulation, the following are considered:

a) Passenger ship – one that carries more than twelve passengers;
b) Container ship – one that predominantly transports containers;
c) Container carrier ship – one exclusively intended for container transportation;
d) Roll-on/roll-off ship or ro/ro - one that allows direct entry and exit of goods between the dock and the vessel and vice versa, using wheeled vehicles;
e) Bulk carrier ship – one that typically has a single deck, upper side tanks, and lower side tanks in cargo holds and is mainly used for dry bulk cargo transportation. This definition includes ships such as bulk carriers and combined cargo carriers;
f) Tanker ship – any cargo ship built or adapted for bulk transport of flammable liquid cargoes;
g) Fishing vessel - one used in the fishing industry for capturing fish species, marine plants, or other living marine resources;
h) Pleasure craft - one used in water sports, sport fishing, or simple entertainment, without any profit motive for its users or owners.
i) Maritime-touristic vessel – one operated for profit or tourism promotion in the development of pleasure, sports, cultural, and educational activities.

3. The classification of watercraft not mentioned in the preceding paragraph, regarding the service they are intended for and the areas in which they operate, follows the General Regulation of the Harbormasters.

Article 16º

Characterizing Parameters

1. For the purposes of this Regulation, the following are considered:

a) Gross tonnage - the overall measurement of a ship in accordance with the International Convention on Tonnage Measurement of Ships, 1969, uniformly designated as GT;
b) Reduced gross tonnage - the gross tonnage of a tanker ship minus the tonnage of segregated ballast tanks, in accordance with Annex I to the Marpol 73/78 Convention and the terms of the decree of the Secretary of State Assistant to the Minister of Equipment, Planning and Territory Administration No. 72-XIII/96, of July 31;
c) Displacement - the total weight of the vessel expressed in metric tons and equivalent to the weight of the volume of water displaced by the hull, considering, in the case of surface warships, their maximum displacement and in submarines, their immersion displacement;
d) Gross deadweight - the maximum weight of cargo, passengers and their baggage, fuels, water, provisions, and spare parts, expressed in metric tons, corresponding to the difference between the weight of the laden ship and the weight of the light ship.
e) Net deadweight - the maximum weight of cargo and passengers that the vessel can carry, expressed in metric tons;

2. The tonnage of warships is that of normal displacement, and for submarines, it is that of immersion displacement, mentioned in the onboard documentation or respective plans, unless a tonnage certificate is displayed, in which case the indications in this document prevail.

Article 17º

Shipping Agents

1. Only commercial companies holding a license granted by the Administration, in accordance with the legislation in force, can carry out the activity of shipping agent in the ports of Douro and Leixões.

2. For the purposes of this Regulation, all references to shipowners or maritime carriers also include charterers, sub-charterers, conferences, and shipping companies, as well as owners of vessels that do not operate them directly, with the aforementioned entities being represented before the Administration by duly accredited shipping agents.

3. In each agency, shipping agents must be able to prove that they represent the respective shipowner or maritime carrier.

Article 15º

Watercrafts

1. Watercraft refers to all aquatic vehicles of any nature, including non-submersible ones and hydroplanes, used in navigation and maritime trade.

2. For a better understanding of special cases covered in this Regulation and the Tariff Regulation, the following are considered:

a) Passenger ship – one that carries more than twelve passengers;
b) Container ship – one that predominantly transports containers;
c) Container carrier ship – one exclusively intended for container transportation;
d) Roll-on/roll-off ship or ro/ro - one that allows the direct entry and exit of goods between the dock and the vessel and vice versa, using wheeled vehicles;
e) Bulk carrier ship – one that typically has a single deck, upper side tanks, and lower side tanks in cargo holds and is mainly used for the transportation of dry bulk cargo. This definition includes ships such as bulk carriers and combined cargo carriers;
f) Tanker ship – any cargo ship built or adapted for the bulk transport of flammable liquid cargoes;
g) Fishing vessel - one used in the fishing industry for capturing fish species, marine plants, or other living marine resources;
h) Pleasure craft - one used in water sports, sport fishing, or simple entertainment, without any profit motive for its users or owners.
i) Maritime-touristic vessel – one operated for profit or tourism promotion in the development of leisure, sports, cultural, and educational activities.

3. The classification of watercraft not mentioned in the preceding paragraph, regarding the service they are intended for and the areas in which they operate, follows the General Regulation of the Harbormasters.

Article 16º

Characterizing Parameters

1. For the purposes of this Regulation, the following are considered:

a) Gross tonnage - the measurement of the overall size of a ship in terms of the International Convention on Tonnage Measurement of Ships, June 23, 1969, uniformly designated as GT;
b) Reduced gross tonnage - the gross tonnage of a tanker ship minus the tonnage of segregated ballast tanks, in accordance with Annex I to the Marpol 73/78 Convention and the terms of the decree of the Secretary of State Assistant to the Minister of Equipment, Planning, and Territory Administration No. 72-XIII/96, of July 31;
c) Displacement - the total weight of the vessel expressed in metric tons and equivalent to the weight of the volume of water displaced by the hull, considering, in the case of surface warships, their maximum displacement and in submarines, their immersion displacement;
d) Gross deadweight - the maximum weight of cargo, passengers and their baggage, fuels, water, provisions, and spare parts, expressed in metric tons, corresponding to the difference between the weight of the laden ship and the weight of the light ship.
e) Net deadweight - the maximum weight of cargo and passengers that the vessel can carry, expressed in metric tons;

2. The tonnage of warships is that of normal displacement, and for submarines, it is that of immersion displacement, mentioned in the onboard documentation or respective plans, unless a tonnage certificate is displayed, in which case the indications in this document prevail.

Article 17º

Shipping Agents

1. Only commercial companies holding a license granted by the Administration, in accordance with the legislation in force, can carry out the activity of shipping agent in the ports of Douro and Leixões.

2. For the purposes of this Regulation, all references to shipowners or maritime carriers also include charterers, sub-charterers, conferences, and shipping companies, as well as owners of vessels that do not operate them directly, with the aforementioned entities being represented before the Administration by duly accredited shipping agents.

3. In each agency, shipping agents must be able to prove that they represent the respective shipowner or maritime carrier.

Article 18º

Arrival Notice

1. All vessels must, as far in advance as possible, notify the port authority of the expected time of arrival by submitting an arrival notice through the computer application used by the Administration, containing the mandatory information.

2. Whenever there is a change in any previously provided information, immediate notification will be given to the ship coordination center or the VTS control center, via the computer application used by the port authority, or by the fastest means available when this application is unavailable.

3. Any damages of any nature resulting from incorrect information shall be the sole responsibility of the entity that provided it.

4. Fishing vessels that do not intend to dock at commercial quays are not required to comply with the formalities mentioned in paragraph 1 of this article.

Article 19º

Booking of Services

1. The provision of maritime operations services to vessels, including piloting, towing, and mooring, is subject to request as stipulated in the following paragraphs.

2. The request for the services mentioned in the previous paragraph shall be made by the shipping agent by entering data in the Manoeuvre Request in the computer application used by the port authority.

3. The port authority only guarantees the provision of services if the request is made with a minimum advance notice of one hour for which the service is requested.

4. Any changes or cancellations to the requested services, resulting in changes to port planning, must be made with the utmost possible advance notice to better meet the requests.

5. The rules and deadlines for changing or canceling maritime operations services are set forth in Annex 1 of this regulation.

Article 20º

Berthing Order of Vessels

1. Vessels shall dock at the port of Leixões, at quays designated for loading or unloading cargo or passengers, in the order of their arrival at the 6-mile line centered on the Leixões port breakwater beacon.

2. For vessels bound for the Douro, the order for berthing purposes shall be considered from the time they enter the 6-mile area of the Leixões port.

3. For vessels conducting operations in Leixões and then bound for the Douro, the order for berthing at this port shall be considered from the time they finish their operations.

4. For reasons of port interest or other duly recognized factors, such as tidal constraints, daylight, sea state, and weather conditions, the port authority may alter the berthing order of vessels.

Article 21º

Priority Berthing

1. The following vessels shall have priority for berthing and carrying out commercial operations over others:

a) Vessels that, for recognized public or port interests, the Administration deems should dock with preference over all or some others;
b) Vessels that, for reasons of their safety or crew, the maritime authorities deem should be immediately docked;
c) Vessels dedicated to specific traffic at quays designated for that traffic.

2. Vessels docking at quays designated for specific traffic for which they do not have priority shall be obliged to change quays or even anchor if no quay is available, in favor of those with priority.

Article 22º

Berthing place marking in case of congestiont

In the event of congestion at the Port of Leixões, following the 6-mile control, vessels may depart and call at other ports without loss of their arrival order, provided they adhere to the following rules:

a) The ship's shipping agency shall notify the port authority in advance that the vessel will leave the port during the expected waiting period for berthing;
b) The vessel, when it is its turn to berth in accordance with the established berthing order list, must have already been controlled by the VTS control center, entering the 6-mile line at least 3 hours before the expected time the berth assigned to it is expected to become available;
c) In the event that a vessel does not meet the conditions outlined in the previous paragraph, it will forfeit its turn to berth as determined by the first control conducted and will be treated like any other vessel calling at the port for the first time, marking its position from the order of the second arrival.

Article 23º

Loss of berthing position

1. Vessels entering ports and having a place at the quay, but not intending to start working immediately, lose their position in favor of others wishing to do so.

2. Whenever there are vessels waiting for a turn to berth and there are vessels berthed that are not conducting operations, they must vacate the berth to make way for those presenting themselves to work.

3. The vessel vacating the berth as per the previous paragraph will subsequently occupy the first available quay, with each vessel bearing the expenses related to its own relocation to and from the quay.

Article 24º

Authority to authorize or order berthing, unberthing, and changing of quay

1. No vessel shall berth or unberth without prior authorization from the port authority.

2. The services of the port authority may order the unberthing or change of berth of any berthed vessel whenever they deem it convenient for the interests of the port.

Article 25º

Determination of berthing locations

The port authority shall determine the berthing locations for different vessels according to their characteristics, length, draught, dock depths, nature of goods to be handled, suitable equipment for the service to be performed, available storage areas, and other factors deemed appropriate to consider.

Article 26º

When a vessel is considered berthed or unberthed

1. A vessel is considered berthed alongside the quay or another vessel from the moment the first line is passed to the quay or another vessel.

2. A vessel is considered unberthed from the quay or another vessel from the moment the last line is cast off from the quay or another vessel.

Article 27º

Extended vessels

In special cases and provided that safety conditions allow, the port authority, after obtaining the agreement of the commanders of the vessels involved, may authorize the berthing of a vessel outside of others already berthed at the quays.

Article 28º

Precautions to be taken by vessels during berthing and unberthing

1. Vessels shall berth at the quay in a manner to avoid damage or harm to the port's structures, facilities, or equipment.

2. Before berthing, the vessels must have the winches ready for use, stow inboard the tackles, gangway ladders, cargo booms, and lifebuoys, and have the anchors stowed except on the side opposite to the quay where they will berth, to avoid contact with bollards, fenders, quay walls, or cranes.

3. If berthing alongside other vessels, equal measures as mentioned in the previous paragraph should be taken.

4. All vessels must also adopt appropriate measures to ensure that during their stay and unberthing, they do not cause any damages.

5. If weather or sea conditions are likely to endanger the vessel itself, port facilities, or third parties, the vessel's captain must take all necessary measures, especially considering the vessel's actions on quays, cranes, bollards, and fenders, and monitoring the tension of mooring lines in different loading and tide conditions..

Article 29º

Vessels seeking refuge

1. Vessels in danger due to breakdown, fire, cargo shifting, or other justified causes may only enter the port after risk assessment according to the port authority's criteria and with the knowledge of the maritime authority.

2. Vessels mentioned in the preceding paragraph, when authorized to enter the port, shall have priority in berthing at the quay designated by the port authority for cargo discharge, cargo adjustment, or repair of damages, as long as the peril persists, according to the port authority's criteria and with the maritime authority's knowledge.

3. Vessels seeking refuge and later intending to conduct commercial operations, after completing the normal formalities outlined in this Regulation, will reserve a berth for these operations from the moment they communicate their intention to work. However, they may not alter the scheduling already established by the port authority regarding vessels announced for that day.

Artigo 30º

Vessels not engaged in operations

1. Once their operations are completed, vessels must have their unberthing completed forty-five minutes or an hour and a half after the end of those operations, respectively, for specialized vessels and conventional vessels, without prejudice to the principle established in paragraph 2 or the vessel's other responsibilities towards third parties.

2. The port authority may exceptionally authorize an extension of the deadlines set forth in the preceding paragraph, provided that a prior request is made, duly justified, and in case no harm results to the port or third parties.

3. Vessels that, having completed their operations, need to remain berthed for certain activities such as self-supply, repair, and special tolling, must request authorization in advance from the port authority, which may grant it. In this case, the vessel may be relocated to another location more convenient to the port's interests, with the vessel bearing the expenses of such relocation.

4. Any vessel intending to berth without conducting operations will only be authorized if there are available quays and no detriment to other vessels, and it must cast off as soon as this situation no longer applies.

Article 31º

Unberthing of a vessel without completing its operations

1. When a vessel moves from one quay to another to continue its discharge or loading without leaving the port in between, its berthing will be considered continuous.

2. If a vessel berthed within the same fiscal countermark interrupts operations and is authorized to anchor in the port, later re-berthing to complete its movement, it will be subject to paying the port usage fee applicable to vessels for the time it remains anchored, as if it were berthed.

3. If a vessel interrupts operations within the same fiscal countermark and anchors outside the port, later re-berthing to complete its movement, the period of absence will not be considered for the application of the port usage fee applicable to vessels, considering the new entry as an extension of the previous one.

Article 32º

Obligation of good productivity

1. Every vessel engaged in commercial operations equipped with normal means of work is obliged to achieve a performance considered satisfactory by the Administration.

2. If a vessel fails to achieve a suitable performance in its operations, the port authority may order it to unberth, with the resulting expenses attributed to the party responsible for the low productivity.

3. The vessel removed from the quay according to the provisions of the preceding paragraph shall have the right to take the first place on the list of vessels waiting to berth, from the moment it provides the port authority with assurance that conditions exist to achieve the required performance.

Article 33º
Pilot assistance

Under the applicable legislation, the manoeuvres of vessels requiring access to the ports of Douro and Leixões, whether for entry or exit, navigation, berthing or unberthing, changing berthing locations, anchoring, or performing any other manoeuvre within the ports, shall be assisted by pilots.

Article 34º

Requirement for the Use of Tugs and Launches

1. The Authority provides tugs and launches for rendering services to vessels within or outside the area of its jurisdiction.

2. It is prohibited for any entity to perform towing services within the jurisdictional area of the port authority, except when authorized by the Authority.

3. The rules for the use of the towing service are outlined in Annex 2 of this regulation.

Article 35º

Towing Responsibility

1. The captain of the towed vessel has absolute command over the ship-tug unit, with the tugboat masters being under their direction and orders.

2. It is the responsibility of the towed vessel to direct all maneuvers to be carried out by the tugboats, which will act as mere maneuvering aids. The captain of the towed vessel bears responsibility for any and all damage caused or suffered during the maneuvers.

3. The captain of the towed vessel is responsible for the safety of the tugboats and must refrain from operating the propeller of their vessel whenever this maneuver could pose a danger to the tugboats.

4. The captain of the vessel being towed shall comply with all provisions of this Regulation, of which they must have direct knowledge or through their consignee agent.

5. The towed vessel shall normally provide the towing cable.

6. The tugboat may also provide its towing cable, upon request by the towed vessel.

Article 36º
Mooring Service

The shore mooring service is provided by personnel from a company contracted by APDL or by third-party personnel duly authorized by the Administration.

Article 37º

Supply of Mooring Material

1. The ropes and other materials necessary for mooring shall be provided by the vessels themselves and must be adequate in number and characteristics to ensure perfect mooring.

2. Mooring ropes may be rented from the Administration, provided they are available for this purpose.

Article 38º

Use of Mooring Material

1. Mooring ropes may only be passed through the bollards intended for this purpose.

2. Wire ropes may be used, provided they are properly protected so as not to damage the edge of the quay or the bollards.

3. The use of chains for mooring to bollards is not permitted.

Article 39º

Mooring Safety

1. Captains cannot refuse to reinforce or replace moorings and must take all precautions and measures determined by the port authority.

2. Once the vessel is berthed, it is the responsibility of the captains to maintain its safety, monitor the moorings, and adjust and slacken the ropes according to water level variations.

Article 40º

Safety of Vessels

The safety procedures for vessels berthed or maneuvering are established in the Maritime and Port Safety regulations, approved by the Administration, particularly regarding the placement and conditions of gangways and accommodation ladders, immobilization of the ship's propulsion system, crew on board for navigation and port safety purposes, and the use of the ship's cargo booms and boats.

Article 41º

Vessels Transporting Hazardous or Polluting Goods

1. Vessels transporting hazardous goods, as well as those powered by nuclear energy, may only berth after being authorized by the Administration and in accordance with the given instructions.

2. The vessels will berth at designated docks, complying with the prescribed precautionary measures to be taken, including distance from other vessels, deployment of surveillance personnel, and mobilization of safety equipment. All associated costs are their responsibility.

3. The aforementioned vessels must take all necessary protective measures for personnel involved in maneuvers, loading or unloading operations, and surveillance, adhering to the applicable safety standards for each case.

4. Vessels transporting hazardous goods must be ready to unberth at any time in case of emergency.

5. All vessels transporting hazardous or polluting substances are required to submit to the port authority a declaration of cargo, unloading, loading, or onboard stay in accordance with the current Maritime and Port Safety Regulations.

Article 42º

Fires Onboard

1. The captains of berthed vessels must take all precautions to prevent fires onboard and ensure that all firefighting equipment is maintained in optimal condition and ready for immediate use.

2. In the event of a fire breaking out onboard any vessel berthed at the docks, the captain shall request the necessary assistance to extinguish the fire quickly and promptly notify the VTS control center.

3. If it is determined that the fire poses a risk to other navigation or to the port with its facilities and equipment, the vessel will be ordered to unberth and anchor offshore, if such a maneuver does not pose a greater risk.

4. All expenses resulting from the fire, including unberthing and reberthing of the vessel, are borne by the vessel involved.

Article 43º

Engine Trials

1. Berthed vessels are not allowed to conduct engine trials without prior authorization from the port authority..

2. If authorization is granted for engine trials and any damage occurs as a result, the responsibility will be attributed to the vessel.

Article 44º

Objects and Goods Fallen Overboard

1. The captains or agents of the vessels are required to notify the port authority of objects or goods fallen overboard, not moved with the intervention of port operators or the Administration, and must request their removal.

2. The expenses incurred for search or recovery work are the responsibility of the vessels, unless their fall was due to the fault of third parties.

Article 45º

Storage of Materials on the Quay

1. Vessels are not permitted to deposit materials or solid waste on the quays or their adjacent embankments.

2. Waste collection services are provided upon prior request made by shipping agents to the Administration, in accordance with the regulations established by the port authority for waste collection.

Article 46º

Liability for Damages

1. The captains of vessels shall be responsible for any damages caused to the quays or any materials belonging to or under the custody of the Administration during the berthing, unberthing, or stay of their ships.

2. If a vessel sustains damages caused by personnel or equipment of, or under the service of, the Administration, the incident must be reported immediately to allow for the determination of responsibilities.

Article 47º

Recreational and Fishing Vessels

The use of port facilities by recreational and fishing vessels and the provision of services to them by the Administration shall be subject to specific regulations to be established by the Administration, without prejudice to the provisions of this Regulation and other applicable legislation.

SECTION I

Disposições comuns

Article 48º

Classification of Cargo

1. For the purposes of this Regulation, cargo shall be classified as general cargo and bulk cargo.

2. General cargo is considered to be:

a) Breakbulk - when it is presented loose, packaged or not;
b) Unitis - when presented in indivisible units and its handling can be efficiently carried out by mechanical means;
c) Unitized - when it constitutes a single volume, with palletized, containerized, and Ro-Ro being the most common.

3. Unitized general cargo is considered to be:

a) Palletized - when placed on a base of boards or beams that facilitate easy strapping and mechanical handling, with dimensions and weights within certain limits;
b) Containerized - when packaged in containers.
c) Ro-Ro - Ro-Ro units and goods (containerized or not) in Ro-Ro units that enter or exit the ship carrying them by sea.

4. A container is defined as the means used for the packaging of goods for transport purposes (liftvan, removable tank, removable superstructure, or other similar structure) that meets the following requirements:

a) It constitutes a compartment, fully or partially closed, intended to contain goods;
b) It has a permanent character and is therefore sufficiently robust to be used repeatedly;
c) It is specially designed to facilitate the transport of goods, by one or more means of transport, without intermediate loading;
d) It is constructed to be easily handled, particularly when transshipping from one mode of transport to another;
e) It is easily fillable and emptyable.
f) It has internationally standardized dimensions.

5. The definition of a container includes the respective accessories and equipment in accordance with its category, as long as they are transported and does not include vehicles and their separate accessories or parts, nor packaging.

6. Cargo platforms or flats are considered equivalent to containers.

7. Bulk cargo is unpackaged goods, and depending on their physical state, they are either solid or liquid.

8. Solid bulk cargoes are loose and cannot be counted individually.

9. Cargoes that, due to their nature or characteristics, require special precautions in handling or storage, are classified as "special cargo".

10. For the purposes of the classification referred to in the preceding paragraph, "special cargo" includes perishable goods, all goods classified as dangerous by the IMDG Code (IMO), those defined as pollutants by the Administration, and those which, due to their high commercial value, require special storage care.

Article 49º

Destinations and Customs Regimes of Goods

1. The destinations and customs regimes of goods in the ports of Douro and Leixões comply with the provisions of Regulation (EEC) No 2913/92 of the Council of 12 October 1992, establishing the Community Customs Code.

2. In Annex 3, excerpts from Regulation (EEC) No 2913/92 of the Council on the destinations and customs regimes of goods are transcribed.

Article 50º

Relationship between Port and Customs Authorities

The Administration and customs authorities shall provide each other with access to all elements related to goods, vehicles, and passengers moving through the port operating area.

Article 51º

Manifests

1. Shipping agents or their legitimate representatives are required to submit copies of cargo manifests for both disembarked and embarked cargo to the port authority. These manifests should include the vessel's name and its captain, a complete description of the goods by ports of origin and destination, their bills of lading, marks, numbers, weights, as well as the quality and quantity of their packaging and other related elements, including their classification by the tariff code of the Harmonized System of Nomenclature and Classification of Goods (HS Code) and by the IMDG Code (IMO).

2. The delivery of manifests to the port authority shall be accompanied by a declaration from the shipping agent indicating the quantity of pages delivered, which shall be initialed by them, and the fiscal countermark number. It is the agent's responsibility to clarify and correct any discrepancies noted by them or found by the Administration's services in due time.

3. The manifests for disembarkation and embarkation must be submitted to the port authority, respectively, by 8:00 p.m. of the next working day after docking and by the departure of the vessel.

4. Any corrections to the manifests for disembarkation and embarkation must be submitted to the port authority, respectively, by 8:00 p.m. of the immediate working day following the vessel's departure, and shall be subject to reciprocal information between the port and customs authorities.

5. The manifests for disembarked or embarked goods must meet the following requirements:

a) If the manifest is in a language other than Portuguese or English, the original must be accompanied by a complete translation into Portuguese or English and in a legible form;
b) Indication of weights in metric system units or converted into these units;
c) Reservation of corrections.

6. Manifests for containerized goods must also include the following elements:

a) Total tonnage of goods to be disembarked and embarked;
b) Partial tonnage for each port of embarkation or destination;
c) Tare weights of containers grouped according to their dimensions and for each port of embarkation or destination;
d) Tare weights of containers less than 20' in dimensions and weight of goods for each one when grouped or transported on "flats" or "half-bins";
e) Number of containers disembarked and embarked, except for those that, for operational ease, require removal onboard or onshore;
f) Itemization of cargo per container and indication of respective weights;
g) Visible indication, without intercalation of other annotations, of the weight related to the volumes of each bill of lading;
h) Identification of the container (number and seal) containing the goods;
i) Identification of the consignee or shipper.

7. Manifests that do not comply with the clauses specified in paragraphs 5 and 6 will be rejected, and their replacement must take place within 24 hours.

8. Non-compliance with the provisions and deadlines set forth in the preceding paragraphs may lead the port authority to refuse the start of operations or to suspend them until compliance is met.

Article 52º

Disembarkation and Embarkation Lists and Operations Reports

1. For ships handling containers, it is mandatory to submit, before the arrival of the vessels, the lists of containers to be disembarked and embarked.

2. For ships handling general cargo and/or bulk cargo, except those berthing at the tanker terminal, it is mandatory to submit the operations report immediately after the movement of the cargo.

3. The documents referred to in the preceding paragraphs must be sent by stevedoring companies through the computer application used by the port authority.

Article 53º

Responsibility for Goods

The Administration's responsibility as provided in paragraph 5 of article 22 of Decree-Law No. 298/93, of August 28, only takes effect if the following conditions are met:

a) Express request from the interested party;
b) The delivered goods are subject to joint verification with the Administration's agent, both at the time of reception and pickup;
c) The goods will be deposited within the port area in a location indicated by the Administration, with the corresponding handling costs debited.

Article 54º

Transfer of Responsibility

1. Responsibility for goods deposited in the Administration's facilities may be transferred to third parties.

2. The transfer of responsibility for deposited goods can only be carried out when the entity initially responsible for them notifies the Administration in writing, which gives its consent to the transfer, and the new responsible party also declares in writing that they assume this responsibility.

3. The transfer of responsibility for goods, carried out in accordance with the preceding paragraph, implies, on the part of the first responsible party, the settlement of invoices from the Administration related to expenses with the goods until the moment of their transfer, and on the part of the second party, the responsibility for settling subsequent invoices.

Article 48º

Classification of Cargo

1. For the purposes of this Regulation, cargo shall be classified as general cargo and bulk cargo.

2- General cargo is considered to be:

a) Breakbulk - when presented loose, packaged or not;
b) Unitized - when presented in indivisible units and its movement can be efficiently carried out by mechanical means;
c) Unitized - when it constitutes a single volume, with palletized, containerized, and Ro-Ro being the most common.

3- Unitized general cargo is considered to be:

a) Palletized - when placed on a tray base or beams facilitating easy strapping and mechanical movement, within certain dimensions and weight limits;
b) Containerized - when packaged in containers.
c) Ro-ro - Ro-ro units and goods (containerized or not) in Ro-ro units that enter or exit the ship carrying them by sea.

4- A container is defined as the means used for the packaging of goods for transport purposes (liftvan, removable tank, removable superstructure, or similar structure) that meets the following requirements:

a) It constitutes a compartment, fully or partially enclosed, intended to contain goods;
b) It has a permanent character, being sufficiently robust to be used repeatedly;
c) It is specially designed to facilitate the transport of goods by one or more means of transport, without intermediate loading;
d) It is constructed to be easily handled, particularly when transshipping from one mode of transport to another;
e) It is easily fillable and emptyable.
f) It has internationally standardized dimensions.

5- The definition of a container includes the respective accessories and equipment in accordance with its category, as long as they are transported, and does not include vehicles and their separate accessories or parts, nor packaging.

6- Cargo platforms or flats are considered equivalent to containers.

7- Bulk cargoes are goods without packaging, and depending on their physical state, they can be solid or liquid.

8- Solid bulk cargoes are loose and not countable individually.

9- Goods that, due to their nature or characteristics, require special precautions in handling or storage, are classified as "special cargo".

10- For the classification purposes referred to in the preceding paragraph, "special cargo" includes perishable goods, all goods classified as dangerous by the IMDG Code (IMO), those defined as pollutants by the Administration, and those which, due to their high commercial value, require special storage care.

Article 49º

Destinations and Customs Regimes of Goods

1. The destinations and customs regimes of goods in the ports of Douro and Leixões comply with the provisions established in Regulation (EEC) No 2913/92 of the Council of 12 October 1992, which establishes the Community Customs Code.

2. Annex 3 contains excerpts from Regulation (EEC) No 2913/92 of the Council regarding the destinations and customs regimes of goods.

Article 50º

Interactions between Port and Customs Authorities

The Administration and customs authorities shall provide each other with access to all elements related to goods, vehicles, and passengers moving through the port operating area.

Article 51º

Manifests

1.Shipping agents or their legitimate representatives are required to submit to the port authority copies of cargo manifests for unloading and loading, which shall include the vessel's name and its captain, a comprehensive description of the goods by ports of origin and destination, their consignments, marks, numbers, and weights, as well as the quality and quantity of their packaging and other elements related to the same goods, notably their classifications according to the tariff code, the harmonized system of goods designations and classifications (HS Code), and the IMDG Code (IMO).

2. The submission of manifests to the port authority shall be accompanied by a declaration from the shipping agent indicating the number of pages submitted, which must be initialed by them, and the fiscal countermark number, with the agent being responsible for clarifying and correcting any discrepancies identified by the port authority's services in due time.

3. Manifests for unloading and loading must be submitted to the port authority, respectively, by 8:00 p.m. on the next working day following the vessel's berthing and by the vessel's departure.

4. Any corrections to manifests for unloading and loading must be submitted to the port authority, respectively, by 8:00 p.m. on the immediate working day following the vessel's departure, and will be subject to mutual information between the port and customs authorities.

5. Manifests for goods to be unloaded or loaded must adhere to the following requirements:

a) If the manifest is in a language other than Portuguese or English, the original must be accompanied by a full translation in Portuguese or English, in a legible form;
b) Indication of weights in metric system units or converted into these units;
c) Note of any rectifications.

1. Manifests for containerized cargo must also include the following elements:

a) Total tonnage of cargo to be unloaded and loaded;
b) Partial tonnage for each port of embarkation or destination;
c) Container tares grouped according to their dimensions and for each port of embarkation or destination;
d) Tares of containers smaller than 20 feet and weight of the cargo for each one, when grouped or transported in flats or half-bins;
e) Number of containers unloaded and loaded, except those that, for operational convenience, require removal on board or on land;
f) Breakdown of cargo by container and indication of respective weights;
g) Clear indication, without other annotations, of the weight of the volumes for each bill of lading;
h) Identification of the container (number and acronym) containing the goods and the seal number;
i) Identification of the consignee or shipper.

1. Manifests that do not comply with the clauses outlined in points 5 and 6 will be rejected, allowing for their replacement within 24 hours.

2. Non-compliance with the provisions and deadlines outlined in the preceding points may lead the port authority to refuse the start of operations or to suspend them until compliance is achieved.

Article 52º

Lists of Unloading and Loading and Operations Reports

1. For vessels handling containers, it is mandatory to submit, prior to the arrival of the vessels, lists of unloading and loading of the containers to be handled.

2. For vessels handling general cargo and/or bulk cargo, excluding those docking at the oil terminal, the submission of the operations report is mandatory immediately after the handling of the goods.

3. The documents referred to in the preceding paragraphs must be sent by stevedoring companies through the computer application used by the port authority.

Article 53º

Responsibility for Goods

The responsibility of the Administration as provided for in paragraph 5 of article 22 of Decree-Law No. 298/93, dated August 28, is only effective if the following conditions are met:

a) Express request from the interested party;
b) The delivered goods are subject to joint inspection with the Administration's agent, both at the time of receipt and at the time of collection;
c) The goods will be deposited within the port area at a location indicated by the Administration and with the corresponding handling costs debited.

Article 54º

Transfer of Responsibility

1. Responsibility for goods deposited in the Administration's facilities can be transferred to third parties.

2. The transfer of responsibility for deposited goods can only be carried out when the entity initially responsible for them notifies the Administration in writing, which gives its consent to the transfer, and the new responsible party declares, also in writing, that it assumes this responsibility.

3. The transfer of responsibility for goods, as described in the preceding paragraph, implies, on the part of the first responsible party, the settlement of the Administration's invoices relating to the expenses incurred with the goods until the moment of their transfer, and on the part of the second party, the responsibility for settling subsequent expenses.

Article 55º

Port Operations 

1. Port operation is the activity of moving goods to be loaded or unloaded in the port area, including the activities of stevedoring, unloading, checking, loading, unloading, transshipment, movement, and arrangement of goods on the docks, as well as the formation and breakdown of cargo units, and also the reception, storage, and dispatch of goods, carried out by entities legally authorized for this purpose.

2. Port operations related to onboard movement of ships are referred to as unloading or loading, depending on whether it involves unloading or loading goods.

3. Port operations concerning the movement of cargo within the land areas of the port, from its entry to its exit, are called traffic operations.

4. Traffic can be:

a) Direct - when the cargo passes directly from the ship to the means of transportation that leads it outside the port or vice versa;
b) Semi-direct - when the cargo is loaded from the ship to the dock and then loaded onto the means of transportation that leads it outside the port or vice versa;
c) Indirect - when the cargo is unloaded from the ship to the dock, stored, and then loaded onto the means of transportation that leads it outside the port or vice versa.

Article 56º

Determining the Traffic Modality

In the exercise of its coordinating competence, the Administration may determine, for any type of goods, that their traffic is carried out in any of the modalities provided for in this Regulation.

Article 57º

Precautions in the Movement of Goods

1. The movement of goods must be carried out in accordance with the safety standards of the Port Safety Manual in force at the ports.

2. Goods should be handled with appropriate means and care, avoiding any damages, losses, or damages, as well as their falling into the sea.

3. The fall into the sea of ​​any object or merchandise moved must be immediately reported to the port authority, and the port operator must proceed with its search and removal within the time frame set.

4. If the port operator fails to comply with the removal obligation referred to in the previous number, the Administration will arrange for its removal, at the expense of the port operator.

5. The loading, unloading, and transfer of dangerous goods or chemical products whose characteristics require special rules of action and safety will be carried out in accordance with the standards approved by the Administration.

6. When the goods to be moved include merchandise that produces exudations capable of affecting others, or cargoes that must be preserved from any impurities during their stay in the port, the port operator responsible for their movement must take the special precautions required for each case.

7. Damage to dock floors, embankments, warehouses, and other port works and facilities should be avoided.

8. Necessary precautions should be taken to ensure that there are no falls or spills of goods during their handling and transportation.

Article 58º

Storage of Goods

1. Goods being unloaded or loaded may be stored in warehouses or open storage areas designated for this purpose by the Administration, upon prior request made through the port authority's computer application or other means in use. The location where goods can be stored will be determined by the Administration.

2. Storage refers to the placement of goods within the port premises, whether on docks, open storage areas, warehouses, or covered sheds, as well as on vehicles transporting them.

3. Storage can be:

a) Covered - where goods are stored in warehouses, sheds, or any other properly protected areas shielded from atmospheric agents;
b) Uncovered - in all other situations.

Article 59º

Covered Storage

1. The Administration may determine covered storage for goods whose exposure to the open air becomes inconvenient.

2. The Administration may refuse covered storage for goods whose placement in a warehouse becomes inconvenient.

Article 60º

Prohibition of Storage in Working or Transit Areas

1. Goods being unloaded or loaded cannot remain in working or transit areas beyond the ship's service periods and must be placed, by the responsible parties, in the designated storage areas.

2. The Administration may authorize certain goods to remain near the ships during their stay at the port, provided that their presence does not cause harm to third parties.

Article 61º

Storage of Hazardous Goods

1. The storage of hazardous goods must comply with Maritime and Port Safety regulations and the standards outlined in the current Safety Manual for ports.

2. The storage of explosive goods or materials within port premises is prohibited.

3. In exceptional cases, duly justified and provided that all conditions of legal safety regulations are met, the Administration may authorize the storage of goods or materials referred to in the previous point. However, this authorization is contingent upon the requirement of direct and continuous surveillance at the expense of the interested party, appropriate signage of the storage location, the presence of firefighters equipped with adequate safety measures, the provision of liability insurance for personal or material damages resulting from potential explosions, and any other measures deemed necessary.

4. The storage of flammable, combustible, oxidizing, and other similarly hazardous goods is permitted as long as regulatory standards are followed. The port authority may also require the adoption of special measures by the interested parties when circumstances warrant.

5. The Administration may prohibit the storage of any goods deemed harmful within its premises and may demand their removal to other locations or order their departure.

Article 62º

Damaged Goods

1. Damaged goods that are not immediately re-shipped upon disembarkation will be stored with Customs knowledge, in locations and for periods determined by the Administration. The Administration shall not be responsible for any loss or damage caused to these goods, unless otherwise stated.

2. Disembarked goods that are not re-shipped and are found to be decomposing or putrefying will be promptly removed in compliance with customs regulations.

3. The costs associated with the operation mentioned in the preceding clause and any other resulting expenses shall always be borne by the consignee of the goods. In cases where the consignee is unknown or does not exist, the responsibility falls on the shipowner or maritime carrier.

Article 63º

Stowing of Goods

1. Entities authorized to store goods are obligated to stow them under conditions ensuring safety for personnel, goods, equipment, and facilities.

2. Stowing of cargo should also allow for efficient use of facilities, occupying minimal surface and height space.

3. The port authority may suspend or alter cargo stowing operations if the principles established in the previous clause are not followed or if existing norms on this matter are disregarded.

4. Damage caused by non-compliance with the established norms in the preceding clauses shall be the responsibility of stevedoring companies.

Article 64º

Removal of Goods and Equipment

1. In the exercise of its coordination authority, the port authority may order the removal of goods or equipment deposited or parked on its docks, warehouses, and platforms whenever circumstances require.

2. If the entities responsible for the goods do not proceed with their removal within the established deadlines, the clearing of the docks, warehouses, and platforms may be carried out by the Administration’s Services, at the expense and risk of those entities and without the right to compensation.

Article 65º

Removal of Waste and Refuse

1. The Administration is responsible for ensuring cleanliness and garbage collection.

2. Cleaning of the used areas, as well as the collection of garbage resulting from the handling of goods during port operations, shall be carried out by the Administration.

3. Whenever garbage production results from negligence or improper handling of goods, the Administration will charge the cost of its removal.

Article 66º

Passenger Regulations

1. Passengers are classified according to the characteristics of the vessels that transport them as either maritime or river navigation.

2. Regarding their movement regime, passengers are classified as follows:

a) Embarked - passengers who commence their journey at the ports.
b) Disembarked - those who conclude their journey at the ports.
c) In transit - those who, having arrived on vessels that dock at the port, continue their journey, and may disembark and embark again during the respective stopover.

Article 67º

List of passengers for maritime navigation

1. Agents of vessels carrying passengers are required to notify the port authority, through the computer application, on specific forms or by other means in use at the port authority, at least 24 hours in advance, of the number of passengers to embark and disembark, as well as the scheduled times for the movement of baggage and passengers.

2. The vessel's agent is responsible for all damages resulting from non-compliance with the provisions in the preceding paragraph.

Article 68º

Disembarkation and embarkation of passengers for maritime navigation

1. The disembarkation or embarkation of passengers takes place at locations designated by the port authority, through appropriate gangways.

2. Access to embarkation and disembarkation areas is granted to passengers who possess documentation identifying them in that capacity, in addition to those required by maritime, customs, and border authorities.

Article 69º

Baggage for maritime navigation passengers

1. The handling of cabin baggage is carried out by an entity contracted by the Administration or licensed for this purpose.

2. It is the responsibility of the port authority services to establish the start and end times of each baggage handling operation, as well as to coordinate and supervise the respective handling service, without prejudice to the powers conferred by law on other authorities.

3. The handling of cabin baggage upon disembarkation includes transportation from onboard to the location where customs inspection will take place and from there to the exterior door of the maritime station, whether by vehicle or not.

4. The handling of cabin baggage for embarkation includes transportation from the exterior or entrance door of the maritime station to the location where customs inspection will take place and from there to onboard, passing through the security system.

5. The handling of hold baggage is governed by the regulations applicable to the handling of goods.

SECTION I

Common Provisions

Article 70º

Equipment

Equipment is considered to be any machinery, apparatus, instrument, vessel, and other means intended for the performance or participation in port services, either for the direct execution of each operation or as part of the set of means used therein.

Article 71º

Equipment Rental

Equipment rental is considered the temporary transfer of port equipment to port users.

Article 72º

Request for Administration Equipment

1. Requests for equipment necessary for port services shall be made in advance through the computer application, on appropriate forms, or by other means used by the port authority, complying with rules and respecting established deadlines, or if not set, always before the start of work.

2. Port users who fail to comply with the provisions of the preceding paragraph regarding deadlines are subject to the availability of equipment and personnel.

Article 73º

Use of Extra-port Equipment

The entry of extra-port equipment into the ports requires prior authorization from the port authority upon request from the interested parties.

Article 74º

Damage Resulting from the Aggressiveness of Goods

Damage caused by goods to Administration equipment, provided that it results from the aggressiveness of the goods themselves or from the insufficiency or deficiency of their packaging or packaging, shall be the responsibility of the equipment user, without prejudice to the right of recourse.

Article 75º

Responsibility for Fortuitous Damage or Breakdowns

The Administration is not responsible for damages resulting from the interruption of services due to breakdowns in equipment that occur during service provision.

Article 76º

Provision of Services Outside Ports

The Administration may carry out, outside the port operating area, services involving the movement of goods, parts, machinery, or other materials with its equipment, under conditions permitted by law and subject to availability.

Article 70º

Equipment

Equipment is considered to be any machinery, apparatus, instrument, vessel, and other means intended for the performance or participation in port services, either for the direct execution of each operation or as part of the set of means used therein..

Article 71º

Equipment Rental

Equipment rental is considered the temporary transfer of port equipment to port users.

Article 72º

Requisição do equipamento da Administração

1. Requests for equipment necessary for port services shall be made in advance through the computer application, on appropriate forms, or by other means used by the port authority, complying with rules and respecting established deadlines, or if not set, always before the start of work.

2. Port users who fail to comply with the provisions of the preceding paragraph regarding deadlines are subject to the availability of equipment and personnel.

Article 73º

Use of Extra-port Equipment

The entry of extra-port equipment into the ports requires prior authorization from the port authority upon request from the interested parties.

Article 74º

Damage Resulting from the Aggressiveness of Goods

Damage caused by goods to Administration equipment, provided that it results from the aggressiveness of the goods themselves or from the insufficiency or deficiency of their packaging or packaging, shall be the responsibility of the equipment user, without prejudice to the right of recourse.

Article 75º

Responsibility for Fortuitous Damage or Breakdowns

The Administration is not responsible for damages resulting from the interruption of services due to breakdowns in equipment that occur during service provision.

Article 76º

Provision of Services Outside Ports

The Administration may carry out, outside the port operating area, services involving the movement of goods, parts, machinery, or other materials with its equipment, under conditions permitted by law and subject to availability.

Article 77º

Railway Compositions

1. Port users must directly agree with the railway transport operator on the conditions for the entry of compositions into the port.

2. The use of railway tracks must be communicated to the port authority by the entities carrying out the loading or unloading of compositions within the port, by the day before its implementation.

Article 78º

Railway Tracks

1. Railway tracks, as well as the areas within their respective profiles, must remain unobstructed, allowing the free circulation of locomotives and towed wagons.

2. Loading and unloading operations of goods are allowed on the railway tracks existing in the working areas of the docks; however, such operations cannot hinder or impede their use when necessary.

Article 79º

Weighing

1. Mandatory weighings are established by the Administration. Whenever deemed necessary, the Administration may require weighing on its weighbridges of goods or other loads.

2. Weighing conducted on a weighbridge shall be recorded in a specific document, of which a copy shall be provided to the user.

Article 80º

Rules for the Use of Weighbridges

1. Vehicles entering and exiting the weighbridge platform must do so at a moderate speed and without sudden braking.

2. The vehicle intended for weighing must be positioned centrally relative to the weighbridge platform.

3. Entry and parking of vehicles and loads on the weighbridge platform with weights exceeding the maximum capacity of the weighbridge are not allowed."

Article 81º

Surveillance

The Administration will have services for the surveillance of the port jurisdiction area, safeguarding the responsibilities conferred to the police and customs enforcement authorities.

Article 82º
Scope

1. The operations of supplying the ship itself, its passengers, and crew, notably with spare parts, onboard supplies, provisions, fuels, and lubricants, as provided for in paragraph d) of article 7(2) of Decree-Law No. 298/93, of August 28th, may only be carried out at the commercial docks of the ports of Douro and Leixões and at the Oil Terminal by firms licensed for this purpose by APDL.

2. The licensing referred to in the preceding paragraph does not exempt from the requirements that may be demanded by other entities within the scope of their competencies.

Article 83º

Licensing

1. Licensing shall be requested from APDL, which is responsible for the regulation, coordination, and supervision of licensed activities.

2. The application referred to in the preceding paragraph must include:

a) Identification of the applicant;
b) Identification of the administrators or managers;
c) Location of the registered office or establishment;
d) The activity to be carried out in the ports.

1. The application must also be accompanied by the following documents:

a) Certificate of criminal record for the persons in charge of administration or social management;
b) Extract from the commercial registry and all current registrations;
c) Photocopy of the corporate tax identification card.

Article 84º

Inspection

It is the responsibility of APDL to inspect the conditions set forth in paragraph 2 of Article 7 of Decree-Law No. 298/93, of August 28, as well as to apply corresponding sanctions whenever there is a breach of those conditions.

Article 85º

Complaints

In the exercise of its supervisory authority, APDL will appropriately address complaints submitted to it, and may request from licensed firms the documents related to the operations subject to complaint.

SECTION I
Supplies

Article 86º

Supplies

Supply is considered the provision of manpower, consumable materials, and the distribution of water and energy to port users.

Article 87º

Freshwater Supply

1. Freshwater supply to land facilities within the port operational area will be carried out by the Administration.

2. Freshwater supply to vessels arriving at ports will be provided from shore by an entity contracted by the Administration.

3. In special cases, the Administration may authorize other entities to supply freshwater to vessels.

Article 88º

Electric Power Supply

1. The Administration may supply electric power to land facilities located within the port area.

2. Exceptionally, and when circumstances permit, the Administration may supply electric power for lighting or propulsion onboard vessels.

3. The electric power supplies referred to in paragraphs 1 and 2 shall be subject to the presentation of a liability waiver by the requester.

Article 86º

Supplies

Supply is considered the provision of manpower, consumable materials, and the distribution of water and energy to port users.

Article 87º

Freshwater Supply

1. The supply of freshwater to land facilities within the port's operational area will be carried out by the Administration.

2. Freshwater supply to vessels calling at the ports will be provided from shore by an entity contracted by the Administration.

3. In special cases, the Administration may authorize other entities to provide freshwater supply to vessels.

Article 88º

Electric Power Supply

1. The Administration may provide electric power to land facilities located within the port area.

2. Exceptionally, and when circumstances allow, the Administration may supply electric power for lighting or propulsion purposes on board vessels.

3. The electric power supplies referred to in paragraphs 1 and 2 will be subject to the presentation, by the requester, of a liability waiver.

Article 89º

Rental of Various Materials and Equipment

The Administration may rent to port users cables, meters, and other various materials or equipment owned by it.

Article 90º

Installation of Onboard Telephones

The Administration may authorize the installation of telephones on board vessels carried out by telecommunications operators.

Article 91º

Concept of Occupation

Occupation is considered the temporary availability of buildings or land owned by the Administration or under its jurisdiction.

Article 92º

Lease

Land and buildings may be leased through a lease whenever the duration and/or their nature and purpose are convenient for port operations.

Article 93º

Plurality of applicants

Land and buildings allocated for port operations will be auctioned off whenever there are multiple applicants.

Article 94º

Concept of License

Licenses are considered authorizations granted by the Administration for the execution of works, occupations, and the conduct of commercial or industrial activities.

Article 95º

Impositions

The licenses will establish specific conditions to be observed by the applicants for reasons of safety or economic exploitation of the ports.

Article 97º

Sanctioning Regime

The violation of the rules and procedures set forth in this regulation shall be subject to the sanctioning regime established by Decree-Law No. 49/2002, of March 2nd."

RULES AND DEADLINES FOR CHANGING AND CANCELLING MARITIME OPERATIONS SERVICES: PILOTAGE, TOWAGE, AND MOORING – Article 19

1. Changes or cancellations will be accepted, at no cost to the user, provided that the respective request is made at least 1 (one) hour in advance of the scheduled time for the service (Date/Time of Maneuver in the Mooring Points Management).

2. In the event of changes to the requested services during the hour preceding the scheduled time for the services, the vessel shall pay 50% of the corresponding fees, in addition to the fees due for the services actually provided.

3. When the service is changed or canceled after the scheduled time for the maneuver to commence, the vessel shall pay for one hour of the towage rate, one pilotage service, and one mooring/unmooring maneuver.

4. If the service does not commence until 30 minutes after the scheduled time, for reasons not attributable to the port authority, an additional fee corresponding to 50% of the value of one hour of the towage rate, plus one pilotage service and one mooring/unmooring maneuver, shall be payable for each indivisible half-hour period of delay, counted from the scheduled time, in addition to the fees due for the services actually provided.

5. A service is considered automatically canceled if it is not initiated within four hours of the scheduled time.

TOWAGE OF BOATS AND SHIPS: USAGE AND BILLING RULES - Article 34

1. The maneuvers of boats arriving at or moving within the port of Leixões are subject to, depending on their type and gross tonnage (GT), the minimum number of assigned tugboats, according to the following tables:

Tanker - Ships

Other Ships

The maneuvers referred to in number 1 will be carried out with the assistance of tugboats, according to the following levels:

a) Standby tugboat, stationed at the location, ready to intervene if called upon;

b) Tugboat in maneuver, with towline passed, either pushing or providing assistance.

In maneuvers where 2 tugboats are assigned, the pilot may, depending on weather and sea conditions and the ship's capabilities, dispense with one of the tugboats before the start of the maneuver or use both in standby mode.

Destinations and Customs Regimes of Goods - Article 49

Excerpts from REGULATION (EEC) No 2913/92 OF THE COUNCIL of 12 October 1992 establishing the Community Customs Code

CHAPTER 1

Scope of Application and Basic Definitions

Article 4º

15. Customs status of goods:

a) Subjecting goods to a customs regime;
b) Placement in a free zone or a free warehouse;
c) Re-exportation from the customs territory of the Community;
d) Destruction;
e) Abandonment to the public treasury.

16. Customs regime:

a) Placing under free circulation;
b) Transit;
c) Customs warehousing;
d) Outward processing;
e) Processing under customs control;
f) Temporary importation;
g) Inward processing;
h) Exportation.

CHAPTER 4

A REQUIREMENT TO ASSIGN A CUSTOMS STATUS TO GOODS PRESENTED TO CUSTOMS. 

Article 48º

Non-community goods presented to customs must be assigned one of the customs statuses allowed for such goodss.

Article 49º

1. Goods subject to a summary declaration must undergo the formalities to assign them a customs status within the following timeframes:

a) Forty-five days from the date of submission of the summary declaration, for goods arriving by sea;
b) Twenty days from the date of submission of the summary declaration, for goods arriving by any other means.

2. When justified, customs authorities may set a shorter deadline or authorize an extension of the deadlines mentioned in paragraph 1. However, this extension cannot exceed the actual needs justified by the circumstances.

CHAPTER 5

TEMPORARY STORAGE OF GOODS

Article 50º

While awaiting the assignment of a customs status, goods presented to customs are considered goods in temporary storage from the moment of their presentation. These goods shall be referred to in the following articles as "goods in temporary storage".

Article 51º

1. Goods in temporary storage may only be stored in locations authorized by the customs authorities and under the conditions set by them.

2. The customs authorities may require the person in possession of the goods to provide a guarantee to ensure the payment of any customs debt that may arise under Articles 203 or 204.

Introduction into free circulation

Article 79º

Introduction into free circulation confers the customs status of a community good to a non-community good.

Introduction into free circulation implies the application of trade policy measures, compliance with other formalities provided for the importation of goods, as well as the application of legally due duties.

B. External transit

I. General provisions

Article 91º

1. The external transit regime allows the movement of goods from one point to another within the customs territory of the Community:
a) Of non-Community goods, without being subject to import duties and other charges, as well as to trade policy measures;
b) Of Community goods, in cases and under conditions determined in accordance with the committee procedure, in order to prevent products subject to or benefiting from export measures from avoiding or improperly benefiting from such measures, as appropriate.

C. Customs warehouse

Article 98º

1.The customs warehousing regime allows for the storage in a customs warehouse of:

a) Non-Community goods without being subject to import duties or trade policy measures;
b) Community goods for which specific EU regulations foresee, due to their placement in a customs warehouse, the benefit of measures typically related to the export of goods.

A customs warehouse is defined as any location approved by the customs authorities and subject to their control, where goods can be stored under specified conditions.

Cases where the goods referred to in paragraph 1 can be subject to the customs warehousing regime without being stored in a customs warehouse will be determined according to the committee procedure.

D. Active improvement

I. In General

Article 114º

1. Without prejudice to Article 115, the active perfection regime allows the use within the customs territory of the Community, in one or more active perfection operations:

a) Of non-Community goods intended for re-export from the customs territory of the Community in the form of compensating products, without such goods being subject to import duties or trade policy measures;
b) Of goods placed in free circulation, with reimbursement or exemption from payment of the import duties applicable to these goods, if they are exported from the customs territory of the Community in the form of compensating products..

E. Transformation under customs control

Article 130º

The regime of transformation under customs control allows the use of non-Community goods within the customs territory of the Community to undergo operations that modify their nature or state, without these goods being subject to import duties or trade policy measures, and to introduce the resulting products of these operations into free circulation with the application of the respective import duties. These products are referred to as transformed products.

F. Temporary importation

Article 137º

The temporary importation regime allows the use within the customs territory of the Community, with total or partial exemption from import duties and without being subject to trade policy measures, of non-Community goods intended to be re-exported without having undergone any changes other than normal depreciation resulting from their use.

G. Passive improvement

I. In General

Article145º

1. The passive improvement regime, without prejudice to the specific provisions applicable to the standard system of commercial exchanges provided for in Articles 154 to 159 and Article 123, allows for the temporary export of community goods from the customs territory of the Community, in order to subject them to improvement operations, and to introduce into free circulation the products resulting from these operations with total or partial exemption from import duties.

Exportation

Article 161º

1. The export regime allows for the departure of community goods from the customs territory of the Community. Exportation involves the application of formalities provided for such departure, including trade policy measures and, if necessary, export duties.

2. Excluding goods subject to the passive improvement regime or a transit regime in accordance with Article 163 and without prejudice to Article 164, any community goods intended for export must be subject to the export regime.

3. Goods shipped to the island of Heligoland are not considered exported from the customs territory of the Community.

4. The cases and conditions under which goods leaving the customs territory of the Community are not subject to an export declaration shall be determined in accordance with the committee procedure.

5. The export declaration must be submitted to the competent customs office for the supervision of the location where the exporter is established or where the goods are packaged or loaded for export transportation. Exceptions shall be determined in accordance with the committee procedure.

Internal Transit

Article 163º

1. The internal transit regime allows, under the conditions set out in paragraphs 2 to 4, for community goods to move from one point to another within the customs territory of the Community, passing through the territory of a third country, without changing their customs status. This provision does not prejudice the application of paragraph 1, point b), of Article 91.

CHAPTER 3

OTHER CUSTOMS DESTINATIONS

Section 1

Free zones and free warehouses

A. In General

Article 166º

Free zones and free warehouses are parts of the customs territory of the Community or locations situated within this territory but separated from it, where:

a) Non-community goods are considered, for the purposes of applying import duties and trade policy measures upon importation, as if they were not in the customs territory of the Community, provided they are not placed in free circulation or subject to another customs regime, nor used or consumed under conditions other than those provided for by customs regulations;
b) Community goods covered by specific Community regulations benefiting from measures related to their exportation due to their placement in a free zone or free warehouse.

Section 2

Reexportation, Destruction, and Abandonment

Article 182º

1. Non-community goods may be:

— re-exported from the customs territory of the Community,

— destroyed,

— abandoned to the public treasury, where this possibility is provided for in national regulations.

2. Re-exportation includes, if necessary, the application of formalities provided for the exit of goods, including trade policy measures. Cases where non-community goods may be subject to a suspensive regime to avoid the application of trade policy measures upon exportation may be determined according to the committee's procedure.

3. Except for cases determined according to the committee's procedure, re-exportation or destruction must be notified in advance to the customs authorities. Customs authorities shall prohibit re-exportation whenever the formalities or measures referred to in paragraph 2, first paragraph, so provide. When goods that have been subject to an economic customs regime during their stay in the customs territory of the Community are intended for re-exportation, a customs declaration must be submitted in accordance with Articles 59 to 78. In this case, Articles 4 and 5 of Article 161 shall apply. Abandonment shall be carried out in accordance with national provisions.

4. Destruction or abandonment shall not involve any expense to the public treasury.

5. Wastes and residues resulting from destruction must be assigned one of the customs destinations provided for non-community goods. Until the time set out in paragraph 2 of Article 37, such wastes and residues shall be under customs supervision.