DeltaPort GmbH & Co. KG (hereinafter: DeltaPort) operates the Rhine-Lippe port and the city port of Wesel in the area of the Hanseatic city of Wesel and the port of Emmelsum in Voerder urban area (in summary: DeltaPort ports).
As part of the westerly expansion of Emmelsum port, the quay plant (sheet pile wall) on the western side of the harbour basin is to be extended to the existing sheet pile wall by approximately 130 m. The quay area will then have a depth of about 100 m parallel to the planned quay wall. The new quay area has a size of approx. 13,000 m
Together, the new quay area and the extended quay wall are referred to as “terminal area II”. The existing terminal to which Terminal Area II will be adjacent is hereinafter referred to as Terminal I.
With this call for tenders, DeltaPort is awarding a “Western Extension Terminal Concession” which entitles and obliges the (then) concessionaire to establish and operate Terminal II as part of an intermodal network.
The port of Emmelsum is located on the Rhine River, the largest European waterway in the immediate vicinity of the Wesel-Datteln Canal, Germany's busiest inland canal. This provides an ideal connection to the ARA ports (Antwerp, Rotterdam, Amsterdam) and to southern Germany. The all-German canal network and the eastern and south-eastern European countries are optimally accessible via the Wesel-Datteln Canal and the Rhine.
The “Schwarze Heide” business airport as well as links to the regional and supraregional road network (motorway connections to the A3, A57 and A31 as well as the district road 12n (K12n)) are also in the immediate vicinity.
The trimodal port of Emmelsum (water, road, rail) is currently primarily a handling port for containers and to a lesser extent for general cargo. The dock has quay walls currently totaling 715 metres.
The port of Emmelsum is accessible via a port railway. The port area and the Hünxe-Bucholtwelmen industrial area are connected to the electrified rail network of Deutsche Bahn via the Oberhausen-Spellen connecting line, regardless of the parallel Betuwe line (Arnheim-Oberhausen) in Oberhausen.
DeltaPort intends to expand the handling and storage capacity in Emmelsum port. For this purpose, the previously undeveloped site adjacent to the port to the west will be raised flood-free by replenishment for a new logistics area.
In addition, the quay plant/wall (sheet pile wall) on the western side of the harbour basin will then be extended to the existing sheet pile wall by 130 m. The quay area will then have a depth of about 100 m and a size of about 13,000 m
With this call for tenders, DeltaPort is awarding a “Western Extension Terminal Concession” which entitles and obliges the (then) concessionaire to establish and operate Terminal II as part of an intermodal network. An intermodal network is a network consisting of various hinterland terminals for handling combined traffic between hinterland and seaports (ARA).
Terminal area II infrastructure and the superstructure required to operate the (then) concessionaire must be built by the (then) concessionaire. The construction of the quay wall (sheet pile wall) and crane runway beams are the design, structural and execution planning prepared on behalf of DeltaPort, as well as the corresponding specification of services including service specifications. The design planning will be made available to bidders as part of the process. The costs for the planning services commissioned by DeltaPort must be reimbursed by the (then) concessionaire.
The planning of the remaining terminal area II (infrastructure and superstructure) is responsible by the (then) concessionaire (but in coordination with DeltaPort) and carried out at its expense.
The (then) concessionaire should be allowed to apply for or receive grants for the implementation of the measure (if necessary) if necessary. Concrete drafting of contracts will therefore be based, among other things, on the requirements of the corresponding funding conditions. Against this background, the term of the terminal licence will include at least the corresponding funding period in the case of applying for grants.
It is intended that the quay wall (sheet pile wall) and crane runway beams must be erected by the (then) concessionaire, but will become the property of DeltaPort with construction. To the extent that the concession is awarded under a hereditary building law, the quay wall (sheet pile wall) and crane runway beams constitute apparent components of the hereditary property (cf. § 95 BGB).
The dock and berths are not part of the concession, but remain generally open to the public as a public port area. DeltaPort is responsible for scheduling the berth assignment at the quay complex of Emmelsum port. Any necessary adjustments due to funding requirements are reserved.
As part of the terminal concession Western extension, the (then) concessionaire is entitled and obliged to carry out handling activities (also for third parties) via the quay edge and railway. The (then) concessionaire is entitled and obliged to handle only combined transport loading units via Terminal Area II. The (then) concessionaire is entitled and obliged to plan and erect the superstructure required by her in accordance with the agreement under the Western extension terminal concession on Terminal II.
The actual fulfilment of the operating obligation is also contractually ensured by contractual penalties and extraordinary termination rights, among other things. The start and maintenance of operations must be carried out permanently to the contractually agreed extent. There are no options for later operation or for “land banking”.
The quay facility of Emmelsum port must maintain the character of a public port as part of the concession execution. The terminal area II advertised here cannot therefore be operated as a “dedicated terminal” either. The (then) concessionaire is therefore obliged to operate terminal area II without discrimination. It must also serve the transfer services to third parties in a non-discriminatory and transparent manner.