SECTION I : Fees for ships


Article 1 – Conditions for the application of fees 

1.1 / Fees are collected on all trading ships within the Port of Bayonne as a whole and a fee payable in euros per cubic metre or in multiples of cubic metres is applicable according to the provisions laid down by the operator in accordance with the provisions of Article R*212-3 of the Sea Port Code. 

- liners : 0.126 €
- transfer ships : 0.126 €
- ships carrying liquid hydrocarbons : 0.113 €
- ships carrying liquid gas : 0.545 €
- ships mainly carrying bulk liquid merchandise other than hydrocarbons :
 - with a volume under or equal to 30,000 m3 : 0.386 €
 - with a volume over 30,000 m3 : 0.499 €
- ships carrying bulk solid merchandise : 0.421 €
- refrigerated or polythermic ships : 0.375 €
- horizontal load handling ships : 0.375 €
- container ships : 0.375 €
- barge ships : 0.375 €
- hovercrafts and jetfoils : 0.375 €
- other ships not mentioned above : 0.375 €

1.2 / Not applicable

1.3 / Not applicable

1.4 / When a ship neither unloads nor transfers either passengers or merchandise, nor takes on board either passengers or merchandise, the ship’s fee is settled once only.

1.5 / The ship’s fee is settled once on exit :
· when the ship carries out no trading operation
· when the ships only carries out cargo or supply operations or unloading waste products or cargo residue. In this case the fee is fixed at : 1 022 €

1.6 / In accordance with the provisions of Article R*212-5 of the Sea Port Code, the ship’s fee is not applicable to the following ships :
· ships assigned to assist other ships, especially pilot ships, tugs, mooring boats and rescue boats;
· ships assigned to dredging duties, maritime signs and marking, fire-fighting and administrative services;
· ships obligatorily standing idle that carry out no trading operation;
· ships that, not able to have access to a port, are obliged to carry out their unloading, loading or transfer operations outside of the port.

The fee is optional for ships assigned to cultural and humanitarian missions as well as those ships being of general interest to maritime heritage.

1.7 / In accordance with the provisions of Article R* 215-1 of the Sea Port Code : 
- the declaration threshold is set at 28,39 € per ship
- the minimum collected is set at 56,79 € per ship.


Article 2 – Provisions concerning adjustments in relation to effective transport ratio compared to ship’s main activity capacity ratio , by ship type and category, in accordance with provisions in paragraphs I, II, III of Article R*212-7 of the Sea Port Code.

2.1 / The adjustments applicable to ships by type and category, transporting passengers, are fixed in relation to the ratio of the number of passengers disembarking, embarking or transferring and the ship’s Bordeaux passenger capacity, according to the following :
Ratio below or equal to 2/3 : adjustment – 10 p.100 
Ratio below or equal to 1/2 : adjustment – 30 p.100 
Ratio below or equal to 1/4 : adjustment – 50 p.100

2.2 / The adjustments applicable to ships transporting merchandise, are fixed in relation to the ratio between  the tonnage of merchandise unloaded, loaded or transferred and the volume V of the ship calculated in accordance to 
Article R* 212-3 of the Sea Port Code 88.5

For ships that transport merchandise when the number of metric tons of the merchandise loaded , unloaded or transferred and the volume V of the ship calculated in accordance to Article R*212-3 above, is equal to below the rate shown below, the entry and exit tariffs are adjusted in the following proportions : 

Ratio below or equal to 2/15 : adjustment – 10 p.100
Ratio below or equal to 1/10 : adjustment – 30 p.100 
Ratio below or equal to 1/20 : adjustment – 50 p.100
Ratio below or equal to 1/40 : adjustment – 60 p.100 
Ratio below or equal to 1/100 : adjustment – 70 p.100 

2.3 / Adjustments laid down in paragraphs 2.1 and 2.2 above do not apply to ships carrying out cargo loading or transporting supplies or unloading waste products or cargo residue.


Article 3 Provisions concerning adjustments in relation to the number of times a ship puts into port in accordance with V of Article R*212-7 of the Sea Port Code.

3.1 / not applicable 

3.2 / For ships that, although not belonging to a regular line, frequently put into the Port of Bayonne, the rate of fees per ship type are subject to the following reductions in relation to the type of ship and the number of departures during the calendar year, without this reduction exceeding 30% of the indicated rate in article 1.1 : 

From the 1st to 10th departure inclusive : no reduction
From the 11th to 25th departure : reduction of 10 p.100
Above 26th departure : reduction of 20 p.100

3.3 / The reductions laid down in this article may not be accumulated with those mentioned in article 2. When the payee equally satisfies the conditions of the said article 2, he may take advantage of the most beneficial situation.


Article 4 – Provisions relating to the additional reduction laid down in Article R*212-8 of the Sea Port Code.

The reductions laid down in articles 2 and 3 may be accompanied by an additional reduction for new traffic or new inter-community passenger lines, goods transported on RO-ROs or containers, without this exceeding either 50% of its base rate or a duration of two years.
The terms of application of this article are as follows :
For horizontally loading ships and container ships carrying out a minimum of one port call per week, the following reductions have been laid down for a maximum duration of two years from the date of establishment of the regular line : 
During the first year : reduction of 50 p.100
During the second year : reduction of 30 p.100


Article 5 - not applicable


Article 6 - not applicable




SECTION II : Merchandise fees


Article 7 - Conditions for the application of merchandise fees as laid down in Articles R*212-13 to R*212-16 of the Sea Port Code.

7.1 / Fees are collected on all merchandise loaded, unloaded or transferred within the Port of Bayonne and a fee payable by weight or by unit, is applicable according to the provisions of the NST code according to the following terms of application

I - FEES FOR GROSS WEIGHT
(In Euros per metric ton or multiples of metric tons)
 

Number of NST nomenclature	TYPE OF MERCHANDISE	LOADING UNLOADING TRANSFER Euros
01	Cereals	0,546
02	Potatoes	0,932
03	Other fresh fruit and vegetables	0,932
04	Textiles	0,932
0510	Paper for wood and wood pulp	0,600
0520	Wood for use in mines	0,600
0550	Other undressed tropical timber	0,600
0551	Other undressed non-tropical timber	0,600
0560	Railway sleepers	0,632
0561	Other squared and sawn wood	0,739
0570	Heating wood and waste	0,600
0571	Undressed and dressed cork	0,825
06	Sugar beet	0,632
09	Other raw materials of animal or vegetable origin	0,632

 
II - UNIT FEES
(In euros per unit or multiples of units)

 
[REF!]

(1) the merchandise transported are, in addition, taxed according to the category (NST N°) to which they belong
(2) This fixed rate fee takes the place of taxation of transported merchandise according to the category to which they belong.

7.2 / Unloaded fishing products discharge the merchandise fee according to the rate laid out above for the corresponding categories, if there is neither a fishing port equipment fee nor mooring fee for fishing boats.


Article 8 - Conditions for the settlement of fees featured in the table in Article 7.

8.1 / For each declaration, the fees laid out in table I in article 7 of the present tariffs are received for the overall weight of the merchandise belonging to the same category :

a) they are settled :
· by the metric ton, when the weight is over 900kg
· by the 100kg, when this weight is equal to or below 900kg. Any fraction of metric ton or 100kg is counted as one unit.
The settlement of the 100kg fee is equal to a tenth of the settlement of the metric ton fee.

b) Subject to exemptions applicable to frames, containers and palettes, packaging is subject to the same rate as the merchandise contained therein. However, when a declaration relates to merchandise including several categories, the total packaging is automatically classified in the predominant weight category.

8.2 / Declarations should mention the total gross weight and the assessable weight per category for the merchandise subject to a gross weight fee and the number of units for the merchandise, vehicles or containers subject to a unit fee. Each declaration relating to the merchandise from several categories should have attached to it a schedule summarising the weight or number per article declared and per category. This schedule should be dated and signed by the person making the declaration.

8.3 / If all the merchandise is subject to the same weight declaration, the fee payer may request that the whole be subject to the rate applicable to the highest part. No summarising schedule is then required; the declaration should simply mention the entire weight of the declared merchandise. 
The absence of a summarising schedule signifies the fee payer’s acceptance of the simplified settlement and there will be no subsequent follow-up to obtain a review of the fee basis per category.

8.4 / In pursuance of the provisions of Article R*215-1 of the Sea Port Code,
- the declaration threshold is set at 5.60 euros per declaration
- the minimum collected is set at 7.83 euros per declaration

8.5 / Fees for merchandise is not due in the cases detailed in Article R*212-16 of the Sea Port Code.


Article 8(bis) - Reductions applicable for merchandise in transit. 

8.b.1 / Merchandise unloaded and then forwarded in transit to a country outside of the European Community is subject to a fee whose rate is reduced by 50% in relation to that which is normally applied to unloaded merchandise.

8.b.2 / Loaded merchandise that arrives directly from a country outside of the European Community in transit is subject to a fee whose rate is reduced by 50% in relation to that which is normally applied to loaded merchandise.




SECTION III : Passenger fees 


Article 9 - Conditions for the application of passenger fees as laid down in Articles R*212-17 to R*212-19 of the Sea Port Code.

9.1 / Passengers embarking, disembarking or transferring are liable to pay a fee of : 2.15 € per passenger.

9.2 / The following passengers are not required to pay a fee :
· children under the age of four;
· military personnel travelling in formed groups;
· the on-board staff;
· agents of the ship-owner travelling on the latter’s account and bearing a free pass;
· public agents exercising their duties on board.

9.3 / Provisions relating to reductions within a 50% limit are as follows :
· 20% for passengers temporarily disembarking in a port of call;
· 30% for passengers on excursions bearing a return ticket used within a time period of less than seventy-two hours;
· 50% for transferring passengers.




SECTION IV : Mooring fees 


Article 10 - Conditions for the application of mooring fees as laid down in Articles R*212-12 of the Sea Port Code.

10.1 / Vessels or related floating craft, with the exception of vessels involved in fishing activities under Section V, whose period of mooring either in the absence of commercial operations, or to the exclusion of time necessary for commercial operations in the Port exceed 8 days, are subject to mooring fees the rates of which in Euros are set by the following conditions :
· per cubic meter and per day : 0.0113 Euro

La Rochelle = 15 days + handling period

10.2 / Mooring fees are payable by the ship owner. 
· The declaration threshold is set at : 104,48 €
· The minimum collected is : 206.79 €
The fee is not due during mooring in dry dock and at refitting stations used for naval repairs.

10.3 / The following are exempt from mooring fees :
· battle ships;
· State administration service vessels;
· Vessels used in piloting or tugs whose commissioning port is Bayonne;
· Service vessels and floating handling or work vessels
· Interior navigation vessels
· Coastal navigation vessels.

10.4 / Beyond the exempt period, mooring fees are payable on the last day of each calendar month and at the departure of the vessel.

10.5 / Mooring fees are applicable, as detailed above, to vessels whose date of entry is after 01/01/2002. For vessels present in the Port of Bayonne before 01/01/2002, the mooring fees are applicable according to tariff n° 18.




SECTION V : Fees relating to fishing activities.

Equipment fees on the value of disembarked fishing products


Article 11 - Conditions for the application of equipment fees. 

- the rate of the fee is set at 1.8 p.100 of the value of the fishing products unloaded,
- this fee is collected whatever the usual home port and nationality of the vessel unloading the fishing products,
- the declaration threshold is set at 22,39 euros per declaration or document taking the place of a declaration,
- the minimum collected is set at 44,77 euros per declaration or document taking the place of a declaration.
In the case of products that are not imported this fee is due :

- if there is a sale at unloading, at the rate of 0.9 p.100 of the value for the vendor and 0.9 p. 100 of the value for the purchaser;
- if there is no sale at unloading, by the person or persons receiving the fishing products or their representatives.


Article 12 - Conditions for the application of equipment fees when the unloading port is different from the usual home port.
For vessels whose usual home port is Bayonne but which unload their products in an other port where equipment fees are also established, the rate of the fee paid by the vendor is the highest of the two rates relating to the usual home port and the unloading port.

The sums collected in this way are divided in compliance with the provisions laid down in article R*213-4 of the Sea Port Code.


Article 13 -Establishing the basis of fee payable. 

The value of the fishing products used as a basis for the fee payable is established:
a. for sales registered at auction, from the official registers kept by the auction house at the port of unloading,
b. for other sales, not registered at auction, from the tide books held by the ship-owners to establish the crew’s salaries or any other document recognised by Customs Administration,
c. for imported products, from the established customs value including the duties and taxes collected by the Customs Administration.


Article 14 - Conditions for the collection of fees. 

The collection of fees and, in general, the checking of sales of fishing products unloaded in the entire collection zone is the responsibility of customs officers. However, if required, this may be carried out by a duly sworn assistant presented by the Customs Administration and commissioned at the time by the Regional Customs Director. Such assistants, known as “supervision and collection agents” are under the orders of the Regional Customs Director and may be dismissed by him.

Fees are paid to the Customs Administration in the following way :
- for auction sales, in establishments set up for this purpose, by the manager who should retain the amount of the fees relating to sales made in his auction house;
- the purchaser and the vendor are jointly responsible for the payment of the total fees due;
- for sales that do not take place in an auction house, by the factory or wholesaler, who should retain the part due by the vendors and are held responsible for the payment of the total duty due;
- directly by the vendors who operate elsewhere, that is not in an auction house or factory or wholesalers. These vendors should demand the part of the fee due by the buyers and are held responsible for the payment of the total fee;
- by the fish canneries as well as fishing boat owners.

The fee should be paid immediately to the Customs Administration.
The Regional Customs Director or his representative may ask his personnel to carry out any verification that he deems necessary, especially of the accounts of any debtors.


Article 15 - The current tariff is valid under conditions laid down in Articles R*211-8 and R*211-9-4 of the Sea Port Code.