Amendments to the Terminal Operating Guidelines ... - Transnet

Clause 1: Interpretation and definitionsOld ClauseNo.1.1.23NewClause No.Clause content“First scheduled, first served” means that a vessel:1.1.23.1 which is duly nominated in accordance with paragraph1.1.48 and1.1.23.2 which is then scheduled accordingly and allocated apreliminary available and suitable berthing windowbased on its ETA1.1.23.3 which then adheres to its firm ETA as provided by it tothe Terminal Operator, five (5) days prior to such ETAand1.1.23.4 which arrives not earlier than eight (8) hours before andnot later than eight (8) hours after its ETA,is accorded seniority for berthing and cargo workingpurposes based on its firm notice, over a vessel orvessels which have not complied with clauses 1.1.23.1,1.1.23.3 and 1.1.23.4 above.1.1.53 “Opportunity vessel” means any vessel not nominated fourteen (14)days before ETA and includes vessels which call at a port on aspeculative/opportunity basis from time to time.( remainder ofparagraph remains unchanged)1.1.55“Phase II” means a meeting between TPT, the Customer or itsrepresentative, the Vessel or its representative and/or vesselStevedore, for the purpose of planning the vessel’s intended cargoworking and port stay window/s.1.1.75“Senior vessel” means, in comparison to another vessel, a vesselnominated as required herein and sequenced in the terminal queueschedule, ahead of another in terms of the “First Scheduled, FirstServed” concept, attaining seniority as allocated by a terminal, afterreceipt of its five day firm nomination, and is not necessarily thevessel with the earliest arrival time at the port as captured on theTNPA arrival queue priority list.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

New 1.1.76“Slot Allocation” means the scheduling of particular berths byallocating a berthing window (slot) in accordance with theCustomers planned export order sequence.1.1.87 1.1.88“Unproductive vessel” means a vessel which has had cargo workinginterrupted or delayed for a period in excess of four (4) hours forany reason whatsoever and which will then be calculated to exceedits Phase II plan by more than eight (8) hours.Clause 2: Pre-berthing Obligations of the CustomerOld Clause New Clause Clause contentNo. No.2.1.1 The nomination of bona fide vessels for which specific cargohas been fixed is a pre-requisite for effective port planningand any nominations established to be speculative will bevoid and of no force and effect.2.1.8 The documents necessary for the nomination of a vesselmust be submitted no more than twenty one (21) daysbefore the ETA and no less than fourteen (14) days beforeETA. The minimum nomination period is, therefore, fourteen(14) days. Nominations received earlier than fourteen dayswill not serve as an indicator of vessel seniority by virtue ofits ID 100 submission date.New 2.1.9 Should a nominated vessels ETA go out by more than twentyone days (21) days from its first ID 100 notice received, suchnomination shall lapse and be of no force and effect.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

2.1.9 2.1.10 Berths will be preliminary scheduled upon receipt of the ID100, but will only be firmed and prioritised by TPT, using theupdated ETA confirmation received from the vessel orrepresentative, within five (5) days of ETA, with an accurateETA of within eight (8) hours. Should the final ETA change bymore than eight (8) hours later than the original firm ETA,the vessel will be re-scheduled at the discretion of TPT to thenext available berthing window, provided that no scheduledor planned vessel is prejudiced thereby and a default periodof five (5) days will apply should no berth be available. A newnomination will not be required if rescheduling is to takeplace. No verbal nominations will be accepted or scheduledon the Bar Chart.New 2.1.12 The firm nomination notice update of five (5) days asspecified in clauses 2.1.10 and 2.1.11 above must be clearlyendorsed as such, and unless specified elsewhere in theseTOGs, will be the source information used by TPT inestablishing vessel seniority. Any subsequent “firming”notices received for a vessel will simply serve as an ETAupdate and such vessel will be treated as either an early orlate arrival.2.1.12 2.1.14 A vessel needing to either increase or decrease cargo ormake changes to the cargo mix at the request of owners/charterers may do so but only up until the time of firming ofa vessel and provided that these changes do not impactmaterially by more than eight (8) hours on the scheduledwindow, which time includes for the vessel to close hatchesand vacate the berth. Any increases beyond and eight (8)period will be subject to Terminal approval in order tominimise any impact prejudicing any other scheduled vessel.New 2.3.3 A vessel, having been declared to have failed hatches, willonly be re-scheduled by TPT from the date and time ofpresentation of the certificate declaring the hatches aspassed.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

New 2.4.7 No cargo working will commence on any late orders untilsuch time as these are presented to the CPO.2.4.7 2.4.8 Should late orders impact on the productivity of a vessel orberthing window by more than eight hours then such vesselmay be requested to vacate and/or be re-scheduled.Clause 3: VESSEL PERFORMANCE AND MONITORINGOld Clause New Clause Clause contentNo. No.3.1.1 Daily meetings (Phase III) are mandatory to monitor theprogress of cargo working on all vessels in order to reviewperformance, report on the maintaining of norms, and toinform corrective action for improvement and generalcommunication on progress and daily forward planning inrespect of the resource allocation should these materiallychange. Formal and binding Action Minutes must be agreedupon and retained on file. The Phase III minute must be filedat the commencement of the first shift for the following ontwenty four (24) hours.Clause 4: EARLY/ LATE ARRIVAL OF VESSELSOld Clause New Clause Clause contentNo. No.6.3.4 4.1.1.4 Stand-by charges will not apply on any early arrival vesselwhich is berthed but not yet working cargo and is waiting forthe commencement of the planned shift to start.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

Clause 5: DELAYS TO VESSELS ON BERTHOld Clause New Clause Clause contentNo. No.5.7 Hatch separations (cocooning) and pay loading forexports5.7.1 5.7.1.1 In the case of separations and/or pay loading in holds notplanned in the Phase II, then for each hatch, charges willcommence immediately from the start of the delay.5.7.2 5.7.1.2 In the case of separations and/or pay loading planned andagreed at the Phase II, then for each hatch, stand-bycharges will commence after four (4) cumulative hours fromthe start of the planned delay. Where resources can beredeployed elsewhere by TPT either on the vessel or withinthe Terminal, then no stand–by charges will apply.5.7.3 ClausedeletedWhere pay-loading precedes separations or vice versa as onecontinuous operation, then the delay will be treated as asingle continuous delay period in terms of stand-by charges.New 5.11.3 Where a vessel has been arrested or has become known thatthe vessel will be arrested/attached prior to berthing at a TPTterminal, then in the event that the vessel requests to beberthed, prior permission MUST first be obtained from therespective Harbour Master.5.13.3 After consideration of any planned delays then in allinstances where a vessel is declared unproductive as perclause 1.1.88 stand-by charges at the applicable rate will beraised after a period of four (4) hours of unplannedstoppages subject to resources being on standby.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

5.13.4 A vessel that deviates at any given time during cargo workingby more than 30% from its phase II will require theimmediate convening of a planning meeting between theCustomer and TPT to address the matter in order to gaugethe situation and implement feasible corrective measureswhich may include the rescheduling of the vessel.6. CARGO, SECURITY & HARBOUR MOBILE CRANE CRITERIAOld Clause New Clause Clause contentNo. No.New 6.10.3 Where TPT has introduced electronic data interchangesystems such as “Navis” for the purposes of booking RMT,then attaining pre-advice bookings to schedule RMT slots viathe electronic system will be a prerequisite for all planningrelating to RMT. The procedure will be communicated by theterminals where and when applicable.Clause 7: Pertains to the Bulk terminal at SaldanhaA number of changes have been made to these clauses but these are not listed here as thechanges were Customer specific and have no bearing on any other TPT Terminal. However thepertinent ones are listed below.Old ClauseNo.New Clause Clause contentNo.7.1.2.11.1 The maximum air draft is twenty two (22) meters;7.1.2.11.2 The minimum beam is thirty two (32) meters;7.1.2.11.3 The maximum draft in the channel is twenty point five (20.5)meters and all deviations to this will be managed at thediscretion of the Harbour Master.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

7.1.3.4 7.1.3.2.2 the berthing of vessels of less than eighty thousand (80,000)Dead Weight Ton (DWT) and/or vessels with mast poles willbe permitted at the discretion of TPT, whose writtenauthorisation for such berthing is required. Detailedinformation of such a vessel is a required from the Customeror representative and such information must be presented toTPT, and a period of one (1) working day must be allowedfor confirmation of the acceptance of such vessel. Thedecision to proceed will be effective immediately.7.1.3.5 7.1.3.2.3 the minimum vessel cargo uplift is restricted to eightythousand (80 000) tons:for vessels of less than 80,000 DWT,the minimum hatch opening for loading into holds must betwenty (20)m long by fourteen (14)m wide.7.1.4.1 The maximum permissible age of a vessel scheduled forloading at the BTS is twenty five (2520) years from ex dockyard.Clause 8: Cape Town Terminals incorporating:Old ClauseNo.New ClauseNo.Clause content8.1.2.1 TPT, in the interests of maximising Port capacity, and in dealingwith wind bound vessels at the Container terminal, has undertakento divert vessels from the Container Terminal to CTAR. In doing soTPT will consider the interests of all stakeholders and thescheduling and planning of diverted vessels will consider the callsize, stack availability and all relevant factors so as to limitprejudicing any normally scheduled CTAR vessel callsTerminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

Clause 9: Bulk Terminal Port of Port ElizabethNOTE: This terminal has reverted to a slot allocation system which is a deviation from thestandard first scheduled first served system, in order to maximize and meet the plannedthroughput of the terminal.Old ClauseNo.9.2.1.2New ClauseNo.Clause contentAll bulk ore vessels will be scheduled using a slot allocationsystem. The slot will be determined by TPT with the assistance ofthe Customers and allocations will be made taking intoconsideration factors such as berthing window (refer to clause1.1.4 on definition of berthing window), stockpile readiness, trainscheduling, maintenance periods and fair opportunity on arotational basis notwithstanding all other conditions as required inthese TOGs.New 9.2.1.4 All vessels must be cleared in relation with ISMBC.New 9.2.2.1 The Terminal will provide and maintain a long term planning barchart of ninety (90) days indicating the slot allocations as jointlydetermined between the Customer and TPT.New 9.2.2.2 TPT will endeavour to update the Bar Chart daily, Mondays toFridays, in order to enhance accuracy on windows over the shorterterm based on prevailing conditions such as, but not limited to,norms achieved, plant performance and maintenance, vesseldelays, marine delays and weather.New 9.2.3.2 All vessels must comply with a lay can period of ten (10) days.New 9.2.3.3 The Customer must endeavour to ensure that the fixed end date ofthe lay can falls no later than two (2) days before the allocated slotas indicated on the Bar Chart.New 9.2.3.4 Vessels not arriving on time to meet the allocated slot will betreated as late arrival in terms of clause 4 and will be re-scheduledat TPT’s discretion to another suitable slot.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

New 9.2.7.1The Bulk berthing window will be scheduled upon receipt ofthe Customer’s shipping schedules and the vessel name willbe confirmed by submission of the ID 100. The window soallocated will only be firmed by TPT on a preliminary basis,using the updated ETA confirmation received from the vesselor representative five (5) days before ETA. The final firmingwill only take place using the updated ETA confirmationreceived from the vessel or representative within three (3)days before ETA, with an accurate ETA of within eight (8)hours. Should the final ETA change by more than eight (8)hours later than the final firm ETA, the vessel will be rescheduledat the discretion of TPT to an alternative windowon the berth or to follow on if the berth was still occupied,provided that no scheduled or planned vessel is prejudicedthereby. In this instance, the default period will be a three(3) day firm period.Clause 12.3: Ro-Ro Automotive Terminal: Port of DurbanOld Clause New Clause Clause contentNo. No.New 12.3.2.2 All vessels nominated as required herein must provide a dailyupdate from and including day fourteen (14) from ETA, thepurpose of which is to enhance stack predictability.Clause 13: Richards Bay TerminalsOldClauseNo.13.1.1.3NewClauseNo.Clause contentWhere a vessel is scheduled to commence cargo working on a weekendor public holiday after 12h00, midday, the vessel will only be planned tocommence at 18h00. However, if the vessel insists on commencingcargo working earlier and is prepared to have the shift on standby from06h00 and this is agreed to in writing, then standby charges will beapplicable from the commencement of the 06h00 shift.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

13.2.3.6Weather sensitive cargo: In instances where Customers are prepared toship cargo during periods of light rain, a letter to this effect must bepresented at the Phase II. Vessels affected by rain will be treated inaccordance with clause 5.New 13.2.4Specific HBI Berth priorities (New Slot System)New 13.2.4.1New 13.2.4.2Due to the port export configuration and endeavours to achieve thebest cargo throughput outcome, all HBI vessels requiring to bescheduled at Berth 704, will be scheduled by TPT using a slot allocationsystem. Non HBI vessels will from time to time also be scheduled atthis berth at the sole discretion of TPT in instances where this wouldbest suit available capacity.The following guiding principles will be used in the allocation of eachslot:13.2.4.2.1 Allocations of slots will be determined by TPT inconsultation with the HBI four (4) weeks in advance andwill be reviewed weekly using weekly updatedinformation committed from Customers;13.2.4.2.2 Customers will be required to provide TPT, with a fixedfour (4) weekly in advance planning export schedulewhich must be updated and presented weekly to TPT. Inaddition, information pertaining to logistics scheduling,weekly stockpile updates and stockpile readiness toconform to clause 2.9.1. of these TOGs, will be requiredas well as any other information deemed necessary toenhance the terminal planning platform and vesselschedule integrity;13.2.4.2.3 Allocations will be made taking into consideration factorssuch as berthing window, stockpile readiness, trainscheduling, maintenance periods, the earliest start timeof vessels based on lay cans and fair opportunity on arotational basis, notwithstanding all other conditions asrequired in these TOGs. The schedule priority will alsoconsider supply chain performance in allocating theslots.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

13.2.4.2.4 TPT will use the information provided by Customers indeciding and allocating a vessel slot for the Customers’vessels. In the short term and for purposes of managingthe Bar Chart, the slot will be aligned to (amongst thosedescribed in clause 2.2.3 above), planned loading norms,the performance of previous vessels on the berth,weather delays, berth preparation, maintenance periods,marine delays and stockpile integrity.13.2.4.3 The allocation of a slot by TPT does not guarantee such slotand all slots will be firmed once the vessel is nominated asrequired in theses TOGs and the conditions for cargoavailability are met and confirmed by the Customer.13.2.4.4 In the event that not all of a nominated vessel’s cargo isavailable in time to take up the allocated slot, then suchvessel will be rescheduled at the discretion of TPT toanother suitable slot based on confirmation of when the fullcompliment of cargo will be available.13.2.4.5 Vessels arriving more than six (6) hours late after the starttime of their allocated slot will be treated as “Late Arrivals”in accordance with Clause 4 of these TOGs and will berescheduled at TPT’s discretion to another suitable slot,notwithstanding any mitigating circumstances which mayallow TPT in its own discretion to allow such late arrival toberth, after considering the performance of any logisticschain.13.2.4.6 Where a late arrival is permitted to berth, TPT neverthelessreserves the right in its sole discretion to decrease theworking time of such vessel on a ratio of 2:1 hours in ordernot to prejudice any following on vessel.13.2.4.7 The minimum tonnage per export consignment will betwenty thousand (20 000) tons.13.2.4.8 The maximum export tonnage will be limited to berthrestrictions and any deviations will be at the discretion ofTPT.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

New 13.2.5Applicability of TOG (In relation to Slot system for 704)13.2.5.1All nominations procedures, definitions and interpretations as requiredby these TOGs, where applicable, will still apply to this slot allocationsystem with the exception of vessel seniority which will be confirmedvia this slot allocation procedure.13.2.3.8 13.2.6.1The table below is an indicator of the general order of sequencing thatwill be used by TPT in the allocation of berths for imports at MBT. Allallocations and deviations will be managed in the sole discretion of TPTwith due regard to maximum cargo throughput and berth utilisation.The indicative list should not be interpreted as a right by any vessel toclaim seniority or right to the berth over another.Priority Berth 609 Berth 701 Berth 7021 st Acid Vessels Nominated Nominatedin relation to Vessels Vesselsthe TNPAberthingPolicy asappended inClause 14.other thanthosecarryingcoking coalcarryingcoking coal2 nd Alumina & Petcoke vessels –will beberthedwithin 15hours ofgiving noticeof arrival toport control3 rd OpportunityVesselsagreed to byMBT CPONominatedVesselscarryingcoking coalOpportunityVesselsagreed to byMBT CPONominatedVessels otherthan thosecarryingcoking coalOpportunityVesselsagreed to byMBTTerminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

13.2.8.3 13.2.6.2The table below is an indicator of the general order of sequencing thatwill be used by TPT in the allocation of berths for exports at MBTduring the time when only two (2) berths are available for the loadingof cargo other than woodchips. To maximise bulk throughput, thestandard is deemed to be single parcels or grades not requiringseparations and comprising parcel sizes of no less than the tonnagespecified in the table. All allocations and deviations will be managed inthe sole discretion of TPT with due regard to maximum cargothroughput and berth utilisation. The indicative list should not beinterpreted as a right by any vessel to claim seniority or right to theberth over another.PriorityBerth7031 st Bulkvesselswithparcels20,000Bulkvesselswithparcels >10,000tonsOpportunityparcelsper TPTAllocationBerth 804WoodchipvesselsOpportunity Vesselsper TPTallocationTerminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

13.3.2.10 13.2.6.3The table below is an indicator of the general order of sequencing thatwill be used by TPT in the allocation of berths for exports at MBTwhere three or more berths are available for the loading of cargo otherthan woodchips. Allocations for berth 704 will be per clause 13.2.4above which follow HBI specific conditions. All allocations anddeviations will be managed in the sole discretion of TPT with dueregard to maximum cargo throughput and berth utilisation. Theindicative list should not be interpreted as a right by any vessel toclaim seniority or right to the berth over another.PriorityBerth 703 Berth 704 Berth 801 Berth 8041 st Bulkvesselsother thancoal ormagnetite2 nd Coal orMagnetitevessels3 rd Opportunity Vesselsagreed toby MBTCPOCoal,magnetite& chromevesselsMagnetiteor bulkvesselsother thancoalOpportunity Vesselsagreed toby MBTCPOMagnetite& chromevesselsNon-dusty,largeparcel bulkcargoesChromevesselsOpportunity Vesselsagreed toby MBTCPOWoodchipvesselsOpportunity Vesselsagreed toby MBTCPOOpportunity Vesselsagreed toby MBTCPO13.2.6.4Furthermore it must be noted that construction upgrades underway atthe chrome storage areas necessitates certain chrome ore exportsbeing incorporated into the shipping mix for berth 801. Provided thesechrome parcels constitute a minimum of fifteen thousand tons (15 000tons) for drop stow not requiring separations, then such chrome parcelswill be managed as scheduled parcels for berth 801. All deviations willbe managed at the sole discretion of TPT.Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd

For any queries please contact the following personnel by electronic mail for assistance:Earle Peters: National planning Executive; earle.peters@transnet.netorGary Kleyn: Key Account Executive; gary.kleyn@transnet.netThank youOn behalf of Transnet Port TerminalsA division of Transnet SOC Ltd.2013.03.28Terminal Operating Guidelines: Version 3 – Transnet Port Terminals Ro-Ro, Break-bulk, Bulk and Agricultural Terminals: 1 April2013 synopsis of amendments: TRANSNET PORT TERMINALS, A DIVISION OF TRANSNET SOC Ltd