CGST
CGST – GENERAL TERMINAL SERVICE CONDITIONS (GTSC)
This CGST was drafted in compliance with the provisions of National Petroleum Agency (ANP) Resolution No. 881, of July 8, 2022.
CPA TERMINAL PARANAGUÁ S. A. – CPA/TERIN.
Main Office/Terminal:
Address: Rua Francisco Machado nº 835 – Sala 01– Vila Guadalupe – Paranaguá – PR
Corporate Taxpayer’s ID (CNPJ): 24.093.861/0001-20.
Phone: (11) 2152-7500
CEP: 83221.540
Manager: Mr. Domingos Xavier
e-mail: domingos.xavier@terin.com.br
ANP – OA/ANP AUTHORIZATION:
The Terminal holds the OPERATION AUTHORIZATION (OA) granted by the National Petroleum Agency (ANP) under No. 643, published in the Official Gazette on September 14, 2020, published in the Official Gazette on September 15, 2020.
1) DESCRIPTION OF THE FACILITIES
The Terminal is characterized as a maritime terminal, located in Vila Guadalupe, in the city of PARANAGUÁ (PR).
Its activity is the Receipt, Storage, and Shipment of Liquid Bulk, mainly Flammable and Combustible products, among which Gasoline, Diesel Fuel, Ethanol Fuel, Biodiesel, Diesel Fuel/Biodiesel Blends, Solvents, etc.
It operates with the Maritime Modal, through the Port of the city of Paranaguá (PR), with the Rail Modal, and with the Road Modal, with the main access taking place by means of the BR-277 Highway.
1.1) STORAGE TANKS:
The Terminal has 09 (nine) Storage Tanks, with a total Operating Capacity of 194,692 m³:
All Tanks are authorized to store Class I, II, and III Flammable and Combustible Products, highlighting: Gasolines, Diesel Fuel, Ethanol Fuel, Biodiesel, Diesel Fuel/Biodiesel Blends, Solvents, and others.
1.2) ROAD PLATFORM:
For product receipt and shipment operations by means of the Road Modal, the Terminal has 02 (two) Road Platforms:
1.2.1) 01 (one) Platform with 02 (two) Islands with 04 (four) parking bays, which can serve up to 04 (four) vehicles simultaneously.
1.2.2) 01 (one) Platform with 04 (four) Islands with 08 (eight) parking bays, which can serve up to 08 (eight) vehicles simultaneously.
1.3) RAIL PLATFORM:
For product receipt and shipment operations via the Rail Modal, the Terminal has 01 (one) Rail Platform comprising 28 (twenty-eight) Berthing Positions for Tank Cars.
1.4 PORT PIPELINES:
For receiving and shipping products via the Maritime Modal, the Terminal is connected to the Port of the city of Paranaguá (PR) through 02 (two) Port Pipelines:
2) PRODUCT QUALITY AND QUANTITY:
2.1) CPA/TERIN will normally receive, at the Terminal, any CUSTOMER Product expressly mentioned in the STORAGE CONTRACT or contracted between the Parties and, except in the case where it has received information in writing concerning this, such Product must be free of any hazardous or inconvenient substance.
2.2) Product quality and quantity shall be determined by an independent inspector accepted by both Parties and assigned and paid for by the CUSTOMER.
2.3) In the event that a load belonging to several recipients is unloaded from a vessel to the Terminal, or directly onto trucks/train cars via the Terminal, or both, any difference between the amount stated in the loading documents issued at the place of origin and that unloaded must be apportioned among the recipients of the cargo, who must be present at the Terminal with their legal representatives during the vessel unloading procedure.
2.4) Notwithstanding any agreement to the contrary, CPA/TERIN reserves the right to refuse storage or to continue to store the Product(s) or part thereof, whether or not such Product(s) is(are) out of specification or if, in the opinion of CPA/TERIN, storage conditions are unsafe for the Terminal, the environment, or for people. In that event, the Terminal is entitled to ask the CUSTOMER to remove the Product(s) in question, and if the CUSTOMER does not immediately proceed to do so, CPA/TERIN shall be entitled to dispose of it in the way it deems most appropriate. The CUSTOMER shall promptly reimburse any costs the Terminal incurs in this regard.
2.5) If any tank, pipeline, pump, valve, or other facility required to execute the CONTRACT is damaged in any way, that is, affected by any Product while it is being transferred, stored, or moved, the CUSTOMER shall be liable for any and all expenses incurred for repairs or cleaning that may be required, with a view to re-establishing the standard conditions of the Terminal’s facilities.
2.6) The CUSTOMER is responsible for the periodic control of the Product(s) that have hazardous properties or that may be altered by polymerization, the amount of inhibitor, water, oxidation, color, etc.
2.7) Disputes between the CUSTOMER and the shipper/receiver related to the amounts of the Product(s) are the sole responsibility of the latter. CPA/TERIN offers free access to the CUSTOMER or to a designated representative to check/control, at any time, the measurements, scales, or other instruments, as well as to check their measurement, but not assume responsibility for discrepancies in quantities between the values mentioned in the loading documents at the place of origin and the amounts unloaded at the Terminal.
2.8) Principle of Commingling – CPA/TERIN ensures that, once the Contract is signed with the Shipper, it will guarantee space availability for the period stated in the Contract.
3) MODE OF TRANSPORT FOR MARITIME AND ROAD LOADING AND UNLOADING:
3.1) The Shipper must notify CPA/TERIN of the vessels’ estimated date of arrival at the Terminal and of the amounts shipped, in accordance with the shipping documents, 20 (twenty) days in advance, and they must reconfirm the arrival at the Terminal within 48 ( forty-eight) hours before berthing at CPA/TERIN premises.
3.2) Once the vessel has berthed, CPA/TERIN will attend to it at any time of the day and night, including Sundays and banking holidays – except on December 24th and December 31st, from 6:00 pm to 8:00 am of the following days, except for reasons of force majeure or unforeseeable circumstances, for security reasons, due to labor strikes, instructions from authorities, or because of deficiencies specific to the Product(s).
3.3) CPA/TERIN will normally receive any Product expressly mentioned in the STORAGE CONTRACT or contracted between the Parties, with the flow that the vessel can provide, however limited by the characteristics of the Product(s), by safety reasons, and by Terminal capacity for receiving the Product(s).
3.4) Vessels must be able to connect the steam return line if and when requested by CPA/TERIN.
3.5) CPA/TERIN shall do its best to assist the vessels; however, if a vessel does not arrive at the notified time, or if when berthed to load or unload at the public port facilities it remains berthed for a period in excess of the ordinary loading and unloading times, and if these vessel delays cause CPA/TERIN to incur additional costs, the CUSTOMER must compensate it, provided that it proves the additional costs. Upon the CUSTOMER’s request, CPA/TERIN shall provide documentation relevant to any delay to assist the CUSTOMER in limiting its liability to third parties.
3.6) Regular service hours for trucks and train cars shall be specified in the STORAGE CONTRACT.
Trucks/train cars that, at the discretion of CPA/TERIN, lack documentation, are unsafe, or might not be following legal norms and regulations, will not be serviced. The CUSTOMER shall be liable for ensuring the carriers’ compliance with the rules.
3.7) CPA/TERIN shall not be liable for truck/train car overstays caused by delays, acts of God or force majeure, strikes, or for technical, operational or safety reasons, instructions from competent authorities or the arrival of trucks/train cars outside the Terminal’s regular operating hours. Upon the CUSTOMER’s request, CPA/TERIN shall provide documentation relevant to any delay to assist the CUSTOMER in limiting its liability to third parties.
3.8) During a truck’s stay at the Terminal, the driver must remain where CPA/TERIN indicates. The CUSTOMER is responsible for communicating this and other relevant instructions to the carriers.
3.9) The CUSTOMER must inform CPA/TERIN, in writing, who is authorized to issue and sign orders for loading trucks/train cars, in the absence of which, the Product(s) will not be loaded.
3.10) All trucks will be weighed full and empty on the Terminal’s scales, which are duly calibrated and certified by the competent authorities. Only the net weight determined in this way will be valid.
3.11) Before any vessel loading or unloading operation begins, it must be subjected to the CPA/TERIN checklist, the full approval pursuant to which being an indispensable condition.
3.12) Every vehicle that enters the Terminal to load or unload products shall be subjected to the CPA/TERIN checklist, the full approval pursuant to which being an essential condition.
4) STANDARD TERMINAL SERVICES:
The Terminal operates in the Receipt, Storage, and Shipment of Class I, II and III Liquid Bulk Products.
The Terminal does not undertake any commercial activity characterized as product purchasing and selling. It operates solely in the above-mentioned activities.
Upon a Customer/Shipper request, the Terminal can issue a “Warrant” for the stored product.
5) COMPLEMENTARY OR SPECIAL SERVICES:
The Terminal does not provide Complementary or Special Services.
6) SERVICE MEASUREMENT:
6.1) The services the Terminal provides are measured and controlled in accordance with the terms set out in the Storage Contract previously signed between CPA/TERIN and the Shipper.
Said Contract shall clearly state the amount CPA/TERIN will charge per unit of stored product (cubic meter, ton, or other previously agreed parameter), considering the amounts stored.
6.2) Under normal conditions, the Terminal does not operate with Operational Ballast.
If there is a need to form Ballast to operate product(s), it will be up to the Shipper to provide, at its own expense, the necessary Ballast, which is its property.
After the operation, it will be up to the Shipper to remove the Ballast and, if it does not do so within 15 (fifteen) days after the end of the operation, CPA/TERIN may dispose of it in the way it deems most convenient, that is, by selling/donating the product or otherwise, at its discretion.
6.3) CONTAMINATION, WASTE, AND LEFTOVER PRODUCTS:
6.3.1) The CUSTOMER must arrange for the removal of any residue or leftover material remaining after the cleaning of the tank at the end of the CONTRACT. If they do not do so, CPA/TERIN shall collect and dispose of the waste or leftovers, and the CUSTOMER shall bear all costs related to this procedure.
6.3.2) For the purpose of disposal of leftover material resulting from the handling of the CUSTOMER’s Product(s), it is understood and agreed that the leftover material shall remain the CUSTOMER’s property and that the Terminal’s involvement as a waste generator is limited to that of a provider of services to the CUSTOMER. Under no circumstance shall CPA/TERIN assume the responsibility for handling and disposing of the CUSTOMER’s leftover materials after they have left the Terminal’s custody.
7) OPERATOR DUTIES AND RESPONSIBILITIES:
CPA/TERIN shall be responsible for providing the transfer, storage, and handling of the Product(s) listed in the STORAGE CONTRACT entered into between CPA/TERIN and the CUSTOMER (hereinafter jointly referred to as the “Parties”).
Unless otherwise agreed in writing between the Parties, CPA/TERIN will move the Product(s) with facilities, including tanks, pipelines, pumps, valves, and fittings, normally in carbon steel, usually required for the transfer, storage, and handling of bulk liquid Product(s).
At the beginning of the CONTRACT, the Terminal shall clean the storage tanks, pumps, valves, dock lines, and other accessories to meet the CUSTOMER’s general recommendations for handling the Product(s).
8) SHIPPER/CUSTOMER DUTIES AND RESPONSIBILITIES:
8.1) Before accepting the CONTRACT, the CUSTOMER must provide in writing all the information about Product hazardousness, toxicity, and aggressiveness toward people, equipment or other products and the environment in general, or about any governmental restriction imposed on the Product(s) to be handled at the Terminal. The CUSTOMER shall provide appropriate information in writing about the Product(s) to prevent CPA/TERIN from being in breach of any regulations currently in force or to be issued, and also allowing the Terminal to assess the procedures and consequences of the presence of the Product(s) in the Terminal.
8.2) Before accepting the CONTRACT, the CUSTOMER must provide, in writing, instructions for the transfer, storage, and handling of the Product(s). These instructions shall be considered an integral part of the CONTRACT; if, however, they are provided after the CONTRACT’s acceptance date, they will not have a retroactive effect, and the CUSTOMER shall be considered liable for any damages and consequences resulting from the lack of prior instructions.
8.3) Before accepting the CONTRACT, the CUSTOMER must provide detailed instructions related to facility cleanliness conditions required for handling the Product(s).
8.4) The CUSTOMER shall be liable for any damage to people, equipment, to the CUSTOMER’s Product(s), third parties, or to CPA/TERIN resulting from omissions of information/instructions or by incorrect or incomplete information/instructions required for moving the(s) Product(s) through the TERMINAL.
9) CONDITIONS FOR PROTESTS, AGREEMENTS, AND SERVICE TIMES:
If the Customer/Shipper believes that there has been a non-compliance in the Terminal’s operations, they must immediately forward their Complaint IN WRITING. The complaint shall be reviewed and replied to in no more than 48 (forty-eight) hours from delivery registration and/or confirmation of the receipt thereof.
If what the Customer points out is relevant, the Terminal undertakes to immediately take mitigating measures.
10) RULES FOR CONFLICT RESOLUTION:
The STORAGE CONTRACT may be terminated by either Party by means of an extrajudicial written notice delivered to the other Party.
In the event of CUSTOMER bankruptcy or judicial recovery, CPA/TERIN may terminate the CONTRACT, including in cases where the CUSTOMER fails to pay the obligations arising therefrom within the proper period.
In the event of a conflict between the GENERAL STORAGE CLAUSES and the STORAGE CONTRACT or any other subsequent ADDENDUM, the STORAGE CONTRACT shall have priority and be applied.
The Central Venue of the city of São Paulo, the Capital of the State of São Paulo, is elected as competent to resolve any disputes that may arise from the CONTRACT, both Parties waiving any other, however privileged.
11) FEES, CHARGES, TAXES:
11.1) CPA/TERIN hereby states that the Terminal complies with all current federal, state, and municipal regulations, including those related to environmental pollution.
11.2) If while the CONTRACT is in effect CPA/TERIN is subjected to changes in federal, state, or municipal legislation that may change operating costs and/or require new investments to enable CONTRACT continuation, including new requirements regarding the control of environmental pollution, it may propose new prices for the services to the CUSTOMER to enable it to operate economically. The CUSTOMER will have up to 30 (thirty) days, counting from the date of the receipt of the proposal, to accept it. If the CUSTOMER does not reply in writing within 30 (thirty) days, the new price will be applied from the 1st (first) business day after the said period of 30 (thirty) days. If the new price is not accepted, the CONTRACT shall be terminated in 60 (sixty) days after the date of receipt of the proposed price change, and neither Party will be subject to any type of indemnification, for whatever reason.
11.3) The CUSTOMER must comply with all existing and future regulations and obligations concerning the Brazilian Federal Revenue and tax authorities, including the filing of all relevant documentation that affects the CUSTOMER’s Product(s), before and during entry into the Terminal, while under the custody of CPA/TERIN, and during and after the removal of the Product(s) from the Terminal.
11.4) CPA/TERIN must comply with all existing and future regulations issued by the Federal Revenue of Brazil and other authorities as related to its facilities.
11.5) In the event that CPA/TERIN’s operations are temporarily unjustly restricted by any governmental authority, it will not be liable for any damage to the CUSTOMER.
11.6) In addition to what is already mentioned in the STORAGE CONTRACT, the CUSTOMER shall be liable for promptly reimbursing CPA/TERIN for all taxes or other costs or charges related to the Product(s), or any part or parts thereof, which CPA/TERIN may be required to pay.
11.7) In accordance with current technical and legal regulations and CPA/TERIN standards, the latter shall carry out inspections and maintenance work on storage tanks and other facilities during the CONTRACT period.
11.8) CPA/TERIN will coordinate the availability of the tanks and other facilities with the CUSTOMER. It shall carry out such inspections and maintenance, minimizing any impacts to the CUSTOMER.
12) INSURANCE AND FINANCIAL GUARANTEE REQUIREMENTS:
12.1) All ships, barges, trucks, and train cars the CUSTOMER authorizes to enter Terminal premises must have insurance coverage hired with a reputable insurance company, adequate for civil liability risks, and against third parties, at no cost to CPA/ TERIN, and, upon request, must, at any time, provide it with copies of the insurance policies.
12.2) The CUSTOMER shall meet the need/demand for Financial Guarantees under the terms set out in the STORAGE CONTRACT to be signed between the parties.
13) RULES:
13.1) Service Request (until the Cut-off Date):
The Terminal prepares its Service Schedule for one month (Cut-off Date) on the 25th (twenty-fifth) of the previous month, responding to Requesters regarding acceptance or refusal within 03 (three) working days from the Cut-off Date.
The “Cut-off Date” is the date on which the Operator prepares the Preliminary Schedule for the next month, with a view to meeting Service Requests.
The Service/Access Request must be sent to the Terminal according to the instructions available on the CPA/TERIN website – www.terin.com.br/anp/disponibilidade.
The Requests will be reviewed and accepted/replied to through the Requester’s e-mail, in ORDER OF RECEIPT.
13.2 – Access Denial:
Service/Access Denial will be forwarded duly substantiated to the applicant through an Electronic Response sent to the Requester’s e-mail.
CPA/TERIN may request adjustments to the Service Request, which must be met within 02 (two) business days.
13.3) Challenging Access Denial:
The Customer shall forward Access Denial Challenges with the reasons and grounds for the challenge.
CPA/TERIN shall inform itself immediately about the content and send its Response/Opinion within 01 (one) business day.
13.4) Service Request (after the Cut-off Date):
Service Requests sent to CPA/TERIN after the Cut-off Date will be replied to within 02 (two) business days from their receipt.
Service provision to the requester shall be subject to Idle Capacity in the Terminal, and the request may be accepted/confirmed or denied.
If the Terminal requests adjustments to the Proposal, the Customer must comply with this within 01 (one) business day. After this period, and if the CUSTOMER does not confirm the adjustments, the Denial shall be confirmed.
14) RULES FOR THE SHIPPER TO ASSIGN ITS CONTRACTED HANDLING CAPACITY TO THIRD PARTIES:
If a Shipper notices that there is Idle Capacity in the space contracted with the Terminal, it may assign this idle space to an Interested Third Party, provided that:
– The Interested Third Party is regularly qualified to produce/market the product to be stored.
– The storage period is within the scope of the Contract signed by the Assigning Shipper.
– The Assignment Proposal is formally presented to CPA/TERIN, which shall make the final decision to accept or refuse the assignment to the Interested Third Party.
– CPA/TERIN will communicate its decision to the interested parties.
15) METHODOLOGY AND EQUAL CRITERIA FOR THE PREPARATION OF THE SCHEDULE:
15.1) When preparing the Schedule of Customers’ to be served in the following month, the Terminal considers the Order of Arrival of the “Access Requests.”
15.2) CPA/TERIN does not use any form of preference or discrimination to prepare its Service Schedule, giving equal treatment to all Requesters of its services.
16) PORT OPERATION LIMITATIONS:
16.1) Ship loading or unloading must be interrupted in the event of an electrical storm, swell, or torrential rain.
In case of strong winds, the speed must be checked by consulting the Port Authority of Port of Paranaguá and Antonina (APPA) website.
16.2) Operating draft in the Port of Paranaguá (PR)
– To be confirmed if the Port of Paranaguá (PR) Operation Draft can accommodate the ship to be berthed.
17) This CGST was drafted on February 05, 2025.
It must be reviewed every 03 (three) years or less, if justified for any reason.