Académique Documents
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03
ECSA works through a permanent secretariat in Brussels and a Board of Directors, as well
as a number of specialised committees.
Its aim is to promote the interests of European shipping so that the industry can best
serve European and international trade and commerce in a competitive free enterprise
environment to the benefit of shippers and consumers.
04
TABLE OF
CONTENTS
ECSA
EUROPEAN SHIPPING KEY FOR EUROPEAN citizens. This is heart-warming, particularly taking into
AND GLOBAL TRADE account that this is often ignored by the European citizens at
large.
The past year was generally a good one for shipping. World
seaborne trade continued to increase and rate levels were ECSA will directly contribute to the consultation process and
overall healthy. European shipping continued to play a key role ensure that the role of maritime transport and ports in the
in global maritime trade with a controlled fleet of almost 41 % logistic chains that link the single market to the world econo-
of the world merchant fleet. European shipowners are active in my is safeguarded. Shipping and ports should be able to work
all the different shipping sectors offering maritime services and expand taking into account the global environment that
intra Europe, linking Europe with its main trading partners and they are operating in.
in cross trades between different continents.
The global economic outlook for the remainder of 2006 and for SHIPPING A SAFE AND ENVIRONMENTALLY FRIENDLY
2007 remains still positive but may of course be influenced by INDUSTRY
political factors. For shipping optimism is also warranted,
however, factors such as imbalances in trade, high oil prices The third Maritime Safety Package anticipated in last year’s
and phasing in of newbuildings may have some negative impact annual report was issued in November 2005 and is now going
in some sectors. though the institutional discussion process. The reactions of
the industry are in general positive and supportive, though
some problems may arise in respect of national competences.
A REALISTIC APPROACH IN TRANSPORT POLICY Concern has been expressed on the proposal on Civil Liability.
WELCOMED The industry recommends a realistic approach that should in
the first instance concentrate on the ratification and applica-
The past year was marked by Commission initiatives to review tion of existing legislation laid down in the IMO. New legisla-
EU transport policy papers. A constructive consultation tion should only be introduced if it has clear added value.
process on the mid-term review of the 2001 White Paper on
Transport Policy resulted in a realistic approach taking into Though it is recognised that shipping is an environmentally
account experience gained and the suggestions of industry. It friendly transport mode, the industry is committed to further
is recognised that efficient transport capacity is a key element improving its environmental performance. It should, however,
to apply the Lisbon Policy aiming at making Europe the most be realised that a holistic international approach to find an
competitive economy of the world. In this context investments overall environmental benefit for the long term is the only
in ports and hinterland connections enabling multimodal effective solution.
maritime services to contribute to quality logistic chains are
essential.
SECURITY
The review of the action programme on the promotion of short
sea shipping demonstrated the successful development of this Now that the ISPS Code and the relevant EU Regulation and
transport mode. Action should now concentrate on further Directive are in force for some time, the main attention has
improvements on structural hindrances. focussed discussions on the implementation of the security
measures contained in the Customs Code, particularly to
ECSA looks forward to further constructive discussions with the advance cargo declaration. An industry coalition of transport
EU Institutions and stakeholders on applying the policies as industries has made a number of detailed submissions aimed
suggested. This includes the debate on a European Port Policy at having an efficient security checking system thereby avoid-
that has been launched again in June 2006. ing unnecessary bureaucracy. The exercise has been difficult in
view of its complexity. ECSA hopes that the useful suggestions
made by the transport industry coalition will be taken into
A FUTURE MARITIME POLICY FOR THE UNION account.
Lennart Simonsson
08
EUROPEAN SHIPPING
IN A GLOBAL MARKET
ECSA
Continuing growth with changing trade patterns and EU and the US. According to WTO data China’s exports in value
positive outlook terms amount to about 57% of what EU exports and 38% of what
the EU imports. China accounts for 42% of iron ore trade carried
ECONOMIC AND TRADE DEVELOPMENTS by sea, but (still) for less then 8% of oil demand – the US is the
dominant oil importer with 25%. China’s container trades
Overall 2005 was outright good for shipping and showed a gener- across the World and intra-Asia continue to burgeon, having a
al solid economic growth of 3,3 %, just a bit slower than in 2004, strong influence on the employment of increasing capacity.
but above decade average and in spite of higher prices for energy
and other commodities. Core inflation stayed low, but concerns International seaborne trade volume in 2005 increased 3,9% and
began to mount about the growing imbalances in the global maritime transport in tonne-miles grew by 4,7% to about
economy. World trade growth decelerated after the 21% boom in 28.868 billion tonne-miles (+6,7% in 2004). Volumes were as
2004, but still increased by 13%, for the first time surpassing US always dominated by the rather low value bulk commodities, oil
$ 10 trillion. The increasing oil prices notably pushed up the trade and dry bulk shipments went up by 2,4 and 4,7% respec-
export values of the producing countries in Africa, Middle East tively. LNG shipments continued their increase with about 10%.
and the CIS. China continued its particular role with a growth in Container transport increased by 10,2% to 115,7 million full TEU
GDP of about 10%, continued growth in exports by 25%, but end to end moves, of which 36,4 million in the main East/West
imports halving to 11,5% over year 2005. In real terms, discount- ocean trades, about 20 million TEU in the North/South trades
ing price changes, the volume of World trade in goods grew by 6% and regional trades counted some 45 million TEU out of which an
with an outlook of 7% for 2006, according to WTO reports. estimated massive 33-35 million in intra-Asia trades. Global
port handling in 2005, including empties and transhipments
came to some 399 million TEU, of which 76 million in West
SHIPPING MARKETS AND THE EUROPEAN FLEET Europe. Rates in the dry and liquid bulk sectors were volatile
but remained healthy on average. Container trades and char-
In terms of trade and ocean transport demand several regions ters came under rate pressure by end of the year and early 2006,
and countries demonstrate quick development, such as Latin under threat of imminent large new capacity, but demand
America, India and especially China taking a particular place. notably in the Far East has at least for the time being easily
In both exports and in imports China now ranks third after the absorbed the new capacity.
24000
17000
1990 1998 2006
Year
EUROPEAN SHIPPING IN A GLOBAL MARKET 09
EEA shipowners continued their strong presence with a control of course of 2005 China introduced a controlled floating of its
40,8% of the World fleet measured in gross tonnage. The EEA currency; China’s record trade surplus increase over first half
registered fleet increased by some 2,5 million GT or 1,7%, repre- 2006 by 55% to US$ 61,5 billion compared to same period last
senting almost 24% the World fleet, which itself increased by 6,9 %. year, adds to further pressure for revaluation of the Yuan.
REVISED WHITE PAPER ON TRANSPORT POLICY The Communication proposes, amongst others, to set up a group of
National Focal Points to identify and solve bottlenecks hampering
Realistic approach welcomed development of freight transport logistics. It is also proposed to
improve tracking and tracing, to build logistics terminals and to
On 22 June 2006, the Commission approved a Communication on establish a dedicated rail freight network. Furthermore, it is envis-
the mid-term review of the 2001 White paper on European aged to harmonise transport documents and liability regimes of
Transport Policy. the transport modes.
In the renewed agenda the overall objectives of transport policy Freight logistics will be a priority item of the Finnish Presidency having
are confirmed notably a competitive, secure, safe and environ- taken over from Austria in 1 July 2006. The statements made by the
mentally friendly mobility, fully in line with the revised Lisbon Finnish Transport Minister Ms Huovinen on July 12 in the European
Policy agenda for jobs and growth. The previous policy of uncou- Parliament Transport Committee that intermodality should not be
pling growth in trade and growth in transport is abandoned. Growth seen as an objective in itself but as a tool that could be used to
of efficient and sustainable transport is considered essential. The achieve better logistics, are in line with the views expressed by the MIF
modal shift should develop on the basis of optimising the perform- Group Transport coordinated by ECSA in its statement of March 2006.
ance of the relevant transport modes. This new policy is in line with
the suggestions made by the maritime industries through the MIF. ECSA welcomes the new approach and looks forward to an ongoing
constructive exchange of views with the EU Institutions and stake-
As far as maritime transport is concerned particular attention is holders.
drawn to known areas such as the growth of short sea shipping, the
necessity of investments in ports and hinterland connections, the
possible creation of a common European maritime area, the appli- A FUTURE MARITIME POLICY FOR THE UNION
cation of the ILO Convention, strengthening the functions of EMSA,
and the development of a strategy for freight transport logistics. European shipping a corner stone of European and global
trade
The revised White Paper on Transport Policy was followed by the
publication of a Commission Communication on Freight Logistics ECSA appreciates the initiative of the Commission to launch a
on 28 June 2006. The Communication will be the basis for an broad exchange of views leading to overall European maritime
Action Plan for Freight Transport Logistics, which is expected to policy starting with the issuing of the Green Paper on a Future
be issued in 2007. Maritime Policy for the Union on 7 June 2006.
EUROPEAN TRANSPORT POLICY 11
The MIF will meet in Plenary on 5/6 October in Oslo with as a main
theme an exchange of views on the Green Paper on a Future
maritime Policy. Vice President Günter Verheugen and Commission
Joe Borg will attend the plenary meeting.
In December 2005, the High Level Transport Group on the Extension Memorandums of Understanding, ratifying and implementing
of Major trans-European Transport Axes to the Neighbouring international standards and conventions fully and timely,
Countries submitted a report in which priority transport axes and improving the quality of port infrastructure and services and
measures to connect the EU with its neighbouring countries were implementing regular frequency of shipping services (at least
identified. The aim is to remove physical and administrative once a week) operating on the Motorway of the Sea.
bottlenecks along main transport axes, to facilitate cooperation
and communication between national authorities in the different The total cost of all proposed projects is estimated at
countries, to harmonise documents and procedures, etc. € 45 billion, of which € 35 billion should be found between 2006
and 2020, primarily financed by the countries concerned and by
As regards maritime transport, the High Level Group recommend- international financing institutions, complemented with support
ed harmonizing the Paris, Mediterranean and Black Sea from the EU.
14
ECSA
The recommendations made by the High Level Transport Group context of the proposed Directive on intermodal loading units.
may be reflected in a Commission Communication later in 2006. Such standardization should lead to more efficient and produc-
tive logistics chains in Europe.
Mid-Term Review of the 2003 Programme for the
Promotion of Short Sea Shipping The Mid-term review notes that Short Sea Shipping plays a key
role in ensuring sustainable mobility and contributes, amongst
Promotion and growth to continue others, to alleviating congestion and environmental pressure
caused by freight transport. Short Sea Shipping is an integral part
In July 2006, the Commission adopted a Mid-Term Review of the of the logistics chain in Europe’s transport system.
2003 Programme for the Promotion of Short Sea Shipping. The
review evaluated the results of the 14 actions that were intro- Between 1995 and 2004, the ton-kilometre performance of Short
duced in the 2003 Commission Communication for the Promotion Sea Shipping in the EU-25 grew by 32 %, while road performance
of Short Sea Shipping. The 14 actions are aimed at enhancing the grew by 35 %. Short Sea Shipping performs 39 % of all ton-
efficiency of Short Sea Shipping in Europe. They included uniform kilometres in the EU-25 while the share of road is 44 %. The
reporting formalities for ships to enter or depart from EU ports, fastest growing segment of Short Sea Shipping is containerised
guidance for successful Short Sea Promotion Centres which offer cargo with average yearly growth rates of 8,8% since 2000.
advice on the use of Short Sea Shipping and the elimination of
obstacles that hinder the development of Short Sea Shipping.
EUROPEAN PORTS POLICY
The Mid-term review concluded that the 14 actions have been quite
successful but advocates Member States, the industry and the Ports key in the supply chain
European Short Sea Network to continue to work on remaining
obstacles. To that end, it is proposed to retarget some of the 14 orig- The saga relating to a European Ports Policy took yet another turn
inal measures in order to work towards making the first high-quali- in 2005/2006. Starting in 1997 with the Green Paper on a port
ty Motorways of the Sea operational in Europe by 2010, to examine policy, it led to a proposed Directive I on market access to port
the possibility of extending the scope of short-sea promotion services that was rejected by the European Parliament in
towards the promotion of multimodal solutions in inland transport November 2003. Also a proposed Directive II that was brought
as part of the overall logistics chain and to improve the integration forward by the Commission in October 2004 was rejected by the
of the mode in the multimodal logistics supply chain to coincide with European Parliament in January 2006. Eventually the Commission
the modern image that Short Sea Shipping has already acquired. withdrew Directive II in March 2006, launching at the same time
an general debate on an overall European Port Policy.
Having been at the origin of the promotion of short sea shipping
and being actively involved in its further expansion, ECSA will It is appreciated that the launched debate is based on a broader
further contribute to the ongoing work of the action programme. approach looking at three key points:
European shipowners have invested heavily in the development of
short sea services resulting in a wide network of motorways of the Free market access and modernisation/liberalisation of port
sea. It is evident that the competitive position of this network services;
should not be endangered by artificially created services. Port capacity and hinterland connections.
Funding, transparency and state aid guidelines.
The Mid-term review also stresses the need for standardised,
more efficient and stackable equipment that facilitates the For the shipping industry there are two items which need to be
transfer of freight from one transport mode to another in the addressed with priority.
EUROPEAN TRANSPORT POLICY 15
Secondly, liberalisation/modernisation of port services on which During the future discussions it should be made clear whether a
the views of the shipping industry are still the same. Action on this specific legal framework taking into account the specificities of
key issue is still necessary. This does not mean that all European port services can be developed. However, what is often forgotten
ports are inefficient today. However, there is definitively room for is that in absence of a specific framework the general legislation,
improvement. This is not a theoretical statement. In the bottle- notably the Treaty, and particularly the four freedoms and the
neck exercise on short sea shipping that is constantly being updat- competition rules apply. The European Commission is the
ed it is clear that many cases refer to ports and port services on guardian of the Treaty and should ensure that it is properly
issues that would have been covered by the Port Services Directive. applied to the benefit of both shipping and trade.
16
SECURITY
ECSA
SUPPLY CHAIN SECURITY such as advance cargo declaration and the AEO status have
taken place in 2005/2006 in the Committee procedure.
The Commission adopted on 27 February 2006 the long awaited
Commission Communication on enhancing supply chain security The industry, including ECSA, has been involved in a number of
including a draft Regulation. The proposed measures will not deal consultation meetings and industry comments on advance cargo
with Ships and Port security since these are already covered declaration concentrated in particular on:
through Regulation 725/2004 (ISPS) and Directive 65/2005 on
port security. The fact that electronic data exchange is essential for advance
cargo declaration. Therefore the implementation date should
The draft Regulation covers other elements of the supply chain in a be postponed until this is possible or only done through entry
general way. Main element is the granting of the status of “secure points where this is possible.
operator” that will be awarded with advantageous/favourable The specific position of short sea shipping/ferries and bulk
treatment in controls to some extent comparable with the CTPAT shipping.
system in the US. The status can be obtained on a voluntary basis. Clarification on: who should file, data to be submitted, where
and when to file, procedures on “do not load”, freight remain-
The proposal will now go through the normal decision process ing on board and the status of the Authorised Economic
(Council/European Parliament). Questions have been raised on Operator (AEO).
the added value of the proposal. NVOCCs/forwarders doing their own notifications.
THIRD MARITIME SAFETY PACKAGE discharge their obligations as flag States in accordance with
IMO Conventions. More specifically, steps must be taken to
In November 2005 the Commission published its Third Maritime make the provisions of the IMO Code compulsory in respect of
Safety Package following consultation meetings with industry the implementation of the mandatory IMO instruments relating
during the previous year or so. While the strictly legal elements of to the flag States and also to introduce a flag State Audit
the package are addressed in the chapter on Legal Issues of this Scheme.
Annual Report the five proposed Directives relating to safety Establishing Fundamental Principles Governing Investigation of
comprise the following: Accidents; the objective is to form a Community framework for
conducting investigations on marine casualties and to improve
Amendments to the Port State Control Directive 95/21, the the exchange of information among Member States. It is also
objective of which is to recast the instrument in order to proposed that Member States establish independent investiga-
improve clarity following many changes introduced over the tive bodies for conducting the investigations in an impartial
last decade and to reinforce and improve the effectiveness of manner and with the required resources.
PSC; a particularly notable element in the latter regard, and Classification Societies. The proposal is intended to underpin
welcomed by industry, is the replacement of the current the Classification Societies by setting up a joint and independ-
requirement to inspect 25% of all visiting ships by a system ent body to assess the quality systems of the EU recognised
whereby high risk ships are more frequently inspected and organisations; the instrument also introduces a system of grad-
quality ships less so. ual financial penalties for low performance and changes to the
Amendments to Directive 2002/59 concerning Vessel Traffic recognition criteria aimed at clarification and simplification.
Monitoring and Information System. The key aims are to
require the use of the electronic exchange network Overall, ECSA has reacted positively to the initiatives particular-
‘SafeSeaNet’, to reinforce existing provisions relating to ly on the proposals regarding port state control and the vessel
accommodation of ships in places of refuge and to require AIS traffic monitoring and information system, while recognising
on fishing vessels. that the flag state compliance proposal will no doubt raise
Compliance with Flag State Requirements, the broad goal being concerns in some Member States about the implications for
to ensure that EU Member State effectively and consistently competence of national maritime administrations at IMO;
SAFETY AND ENVIRONMENT 19
ECSA’s detailed positions on the proposals, developed jointly with As all parties are aware, air pollution in general is a complex
ICS, (available on website www.ecsa.be) have been sent to national issue and reducing one pollutant may have a negative effect on
Administrations and to the responsible European Parliament other pollutants such as Green House Gases (GHGs). The industry
Rapporteurs for consideration. In the Council, progress towards therefore believes that a holistic international approach to find
agreement has being made with the Port State Control and Vessel an overall environmental benefit for the long term is the only
Traffic Monitoring proposals, with only the classification societies’ effective solution. In this context, there is scope for regional
initiative possibly being considered in 2006 and the remaining two in action on the international front via the possible creation of
2007. The Parliament has just started its internal examination of the SECAs after thorough assessment of environmental vulnerability.
package as a whole, with completion of the First Reading stage not It should, however, not be overlooked that it is unsustainable for
expected to be completed before early 2007 at the earliest. It is like- EU ships to be subject to differing levels of emission control in
different ports around the world.
ly to be 2008 before final adoption of the proposals can be expected.
As stated above, credible long term action must be based on sound
ENVIRONMENT environmental, technical as well as socio-economic assessment;
in this regard, all measures to reduce maritime emissions must be
Air Emissions as practical and cost-effective as possible; fuel quality and avail-
ability are important elements in this regard, as is the need to
As acknowledged in the recent Green Paper, shipping is the most ensure that measures do not result in a modal shift to less envi-
energy efficient and environment friendly mode of transport in ronmentally credible mode of transport than shipping.
Europe (see table 20). However, the industry itself recognises the
negative impact of maritime air pollution and the wish both in Reflecting these factors and principles ECSA, in close liaison with
the EU and internationally for lower limits than those recently ICS, has undertaken a detailed assessment of the technical and
made mandatory by MARPOL Annex VI. policy options available to reduce air emissions; notably SOx,
NOx, Volatile Organic Compounds and Particulate Matter. ECSA
It is against this background that the shipping industry is would draw attention to the following broad conclusions from
committed to further improving its environmental performance this initiative;
20
ECSA
There are promising developments taking place with regard to ECSA further acknowledges that from an environmental point of
technologies to reduce SO2, NOx, PM and VOC emissions, and view, it may well be appropriate to subdivide the overall marine
such developments should be promoted and fully exploited. area of the EU into regions in order to establish what is required for
There are also promising developments taking place in EU and each region (the so called marine spatial planning); what is neces-
IMO concerning new and cost-effective economic incentives. sary or best in one region may not be necessary in another region.
Such possibilities should be considered as alternatives to new
regulations, especially regional regulations, as long as the However, from the perspective of international shipping, having
same or better environmental results can be achieved. ships operating in all three regions, it is important to ensure that
There is no single option available to the industry that will be this approach does not result in a myriad of varying rules for ship-
suitable for all types of ship and the variety of trades they ping within the EU. Such a situation would not be operationally
operate, and it is important for the international and EU feasible for the shipping industry. Specific local requirements
framework to allow flexibility for the industry to find the most should be solved through international instruments e.g. SECAs.
cost effective solutions.
Ship Recycling
It is hoped that the work undertaken by industry will positively
contribute to the ongoing work in both the IMO and EU. The shipping industry fully recognises the need to improve the
health and safety standards in ship recycling yards around the
EU Thematic Strategy for the Protection world and acknowledges the role played by the NGOs and regional
of the Marine Environment bodies such as the European Parliament in drawing attention to
this serious issue. In accepting its responsibilities, the shipping
ECSA shares the overall objective of the Thematic Strategy on the industry has been instrumental through both industry initiatives
Protection and Conservation of the Marine Environment published and via IMO in the significant progress made in recent years.
in October 2005, namely to ensure that EU marine waters are
healthy by 2021 – thereby protecting the resource base upon In particular, the IMO is currently formulating an internationally
which marine related economic and social activities depend; it is binding Convention on ship recycling to be adopted in 2009; this
currently the subject of debate within the EU institutions. As initiative, fully supported by the shipping industry, is closely
recognised by the Lisbon strategy, sustainable development must based on the IMO Guidelines published in 2003 which in turn
be accompanied by the goals of promoting competitiveness and reflected the 2001 Industry Code of Practice on Ship Recycling;
economic growth and development across Europe. In the latter this introduced a number of recommendatory provisions such as
regard, the principle of freedom of navigation is a fundamental gas freeing-for hot work on delivery, a list of potentially
requirement for free trade and competition together with hazardous materials, and minimisation of potentially hazardous
unrestricted port access. materials at the construction phase.
SAFETY AND ENVIRONMENT 21
In addition, the EU itself can actively promote the IMO work and
ensure the success of the Convention by using EU Development
Aid, cooperation agreements and other influential links with
recycling States to provide equipment, expertise and training to
raise safety and environmental standards to an acceptable level.
The Commission has been very supportive of the ILO process and While there is an estimated 300,000 plus seafarers employed on
has signalled their wish that the Convention should be incorpo- EEA registered vessels, with a broadly equal split between EEA and
rated into EU law. In this context, and recognising the complexi- non-EEA nationals, it should be noted that the main employment
ties of the issues, ECSA and ETF have established a Working Group in the maritime industries is ashore rather than at sea.
of the Social Dialogue Committee to examine over the coming
months, with the close involvement of the Commission, all Against this background, there are a number of actions being
aspects of the way ahead. pursued at national, Community and international level which
can usefully be built upon and there is an important role for the
ECSA has urged EU Member States to ratify the Convention as social partners in this regard. Together, they will make a signifi-
soon as possible and has issued a joint statement with ETF to cant contribution to enhancing European maritime know how and
EU Ministers with this message; in this regard, it is hoped that the employment opportunities of EU seafarers. The following,
a Council Decision with a similar goal, as proposed by the consistent with Council Conclusions on Maritime Employment
Commission in June, will be adopted in the coming months. adopted under the UK Presidency in December 2005, and wel-
comed by ECSA, can be cited:
MARITIME EMPLOYMENT Supply and Demand of Seafarers. Past studies conclude that in
many Member States there is a current or forecast shortage of
An outward looking approach required EU junior officers; quite what the situation is today in each EU
Member State could perhaps benefit from further examination.
The increasing reality of globalisation presents particular Considerable analysis needs to be undertaken nationally
challenges in the area of maritime employment in a generally before increasing the supply as it is clearly economically and
high labour cost Europe. Ensuring that European shipping can socially undesirable if those undergoing training are likely to
continue to effectively and fairly compete in this global mar- find it difficult to find employment on completion of training.
ket must always be the cornerstone of the EU policy in this
area. This is fully consistent with the EU Lisbon Agenda aimed The role of maritime clusters. The possibilities of shore-side
at making the EU the most competitive economy in the world; employment for former seafarers can be an important factor in
a key element is a recognition that increased labour flexibili- attracting persons into a seafaring career. In this context, the
ty is in the interests of Europe’s longer term sustainable ECSA/ETF Career Mapping project, concluded in Autumn 2005,
growth. should be helpful in demonstrating the possible career
planning opportunities for European seafarers in order to make
The alternative approach which is to promote restrictive and/or shipping an attractive career option. The concept should be
labour protectionist measures would have the opposite effect promoted and used nationally. However, ship operators should
to those intended, leading to lack of competitiveness, loss of not be expected to bear the full burden of training, and the
markets, reductions in the size of EU fleets and, inevitably, to emphasis on shore based opportunities provides a strong
loss of European jobs. Such an approach, inconsistent with argument for 100% public funding of maritime training.
basic EU Treaty principles, has regrettably been evident in a
number of instances within Europe over the last year or so, the A stable and competitive environment for EU Shipping. An
European Court of Justice being called to make a ruling in this appropriate EU framework providing stimulating elements for
context. the maintenance of competitiveness of Member States’ fleets
24
ECSA
and the promotion of European shipping know-how and comprehensive and global basis for world wide employment
maritime training, as well as the employment of European standards. ECSA urges ratification by EU Member States and its
seafarers, is essential for shipping and has positive effects strict enforcement within the EU.
for the whole maritime cluster. The framework (the State Aid
Guidelines) has to be stable and has to be applied in a National Action and Exchange of Best Practice. While there is
flexible manner taking into account the specific national considerable scope for EU action as described above, Member
circumstances involved. A key element is that the structural States are of course best placed to identify the particular
operational environment should be able to meet global problems in relation to maritime employment being faced
competition. nationally and how those issues can be most suitably
addressed in the local circumstances. Examples include the
Maritime Labour Standards. As mentioned above, the recent national supply and demand situation, and particularly to the
ILO Maritime Labour Standards Convention will provide a solid, action necessary to train the required number of seafarers for
THE HUMAN ELEMENT 25
These issues have been, and no doubt will be, the subject of
further discussions with the Commission and ETF in the context of
the Maritime Social Dialogue Committee.
Maritime transport serves and thrives on continuing increases in EU BILATERAL TRADE RELATIONS
international trade and for ECSA members as a whole the trade
between third countries and regions are at least as important The failure of the WTO-DDA round to conclude by end 2006 will
as the intra and external European trades. Stimulating trade no doubt further intensify the interest in coming to bilateral
conditions with liberal, transparent and consistent national and multilateral regional trade agreements. Increasing the
and international rules and procedures are therefore of great already over 200 of such agreements in place risk confusion by
importance. overlaps and/or discrimination for trade. Reportedly the WTO
has meanwhile come to an outline for preventing such adverse
impacts. The EU has been less active in this field than e.g. the
WTO-DDA NEGOTIATIONS SUSPENDED US and Japan, although Free Trade Agreements exist with e.g.
Mexico and is for several years less successfully under negotia-
High expectations were given to a successful conclusion of the tion with MERCOSUR – as recently expanded with Venezuela. A
comprehensive WTO round, under the Doha Development new EU focus on agreements with Asian partners has already
Agenda, launched in November 2001 towards agreements on been announced, in which ECSA will endeavour to secure a right-
strong reductions in subsidies and import tariffs of agricultural ful place for maritime transport.
products, import tariffs for goods, on access to markets for
services, global trade rules and special considerations for the
least developed nations. The concept of solid agreements for BILATERAL MARITIME RELATIONS
international trade is generally recognised, as may be proved by
the increasing number of currently 149 WTO members. However, The bilateral EU-China maritime agreement of end 2002 has
the many differences between economies, levels of develop- proven its continued success to the benefit of trade and the
ment and cultures make the complex negotiating process a very maritime carriers, as was confirmed during the third implemen-
difficult undertaking. Appropriate balances must be found tation meeting in Shanghai in May 2006. Some European wishes,
between the interests and priorities of the members. The including the right of relaying international cargoes between
Ministerial Conference in Hong Kong in December 2005 did not Chinese ports by use of own vessels – avoiding transhipments
bring the desired breakthrough, but did confirm the commit- outside China – remain under study.
ment to continue and set deadlines, which in turn were often
not met by all or not at all. Despite all the continuing efforts, ECSA welcomed the first round of negotiations on a EU-India
the key actors in the negotiations – the US, EU, Brazil, India, maritime agreement in July 2006, at which the respective
Australia and Japan – had to conclude by end July that the set positions were extensively discussed and laid down in a paper
deadline of end 2006 could not be met and that the Round had for further negotiation. Although the common interests in
to be suspended. efficient maritime transport and under the wider ‘strategic
Partnership’ are recognised, the expressed maritime related
One notable positive development in the negotiations was the priorities on the Indian side are differing from those of the EU
wide support for the good work done towards an agreement on negotiators and industry. Time has now come for real progress
Trade Facilitation – setting rules and objectives for the basic to be made and two next rounds of negotiations, agreed for end
processes of cross-border trade. Hopefully these can somehow 2006 and first half 2007, are looked forward to with anticipa-
be made effective by means of other instruments and/or bodies tion.
like the WCO.
On the many maritime issues and developments at play around
Although stimulation of global trade through an agreement the world, ranging from legislative to purely practical and
would have been welcome also for shipping as the major operational constraints, ECSA and company members closely
transport mode, the point for the shipping sector itself is not so consult internally, with the Commission services and with
much that there are major practical hindrances for efficiently Member States on the appropriate approaches to be taken.
serving the external trade of member countries, which could have
been resolved. However, obtaining the certainty that the de facto
freedoms will last and thus allow long term planning and
investments remains important. In the meantime the maritime
standstill agreement, preventing new protectionist measures by
WTO member states, should remain in force.
MARITIME EXTERNAL RELATIONS 27
RULES ON MARITIME
SERVICES
LINER SHIPPING TRAMP SHIPPING
The review of EU Competition Rules on maritime services that In the December 2005 Decision, the Commission also confirmed
started in 2003 is in full process. In December 2005, the its intention to lift the exclusion of tramp shipping and cabo-
Commission adopted a proposal to repeal Regulation 4056/86 tage from the Implementing Rules (Regulation 1/2003). There
giving a Group Exemption to Liner Conferences. The Commission have been no complaints and consequently there is no case law
agreed to a postponement of the effective date with two years on the application of Competition Rules for tramp shipping.
allowing a denouncing of the UNCTAD Code. Guidelines will be Moreover the sector is terra incognita for many. Therefore the
issued indicating what lines are allowed to do following the shipping industry is through ECSA involved in a constructive
repeal of the Exemption. In the interim period an Issues Paper information and discussion process with the Commission
will be issued in 2006 containing the background for the services with the aim to have legal certainty by the time that
Guidelines. The Liner Industry is in discussion with the the basic competence of implementing the Competition Rules
(enforcement) is shifted from being solely with Member States,
Commission services on the Issues Paper and the Guidelines.
to be also with the Commission.
In this context the European Liner Affairs Association (ELAA)
During this exchange of views it was confirmed that the
presented on 22 June a revised alternative regime for liner Commission services would give guidance to the industry on
shipping in a post-liner conference era in Europe. A first alter- grey areas that may exist. This guidance should be given prior to
native was presented in 2004 and was revised following multiple lifting the exclusion from the Implementing Rules.
discussions between the ELAA and DG Competition.
In the context of this exercise the Commission issued on
In their revised alternative, which is supported by ECSA, the 21 February 2006 a tender for a study regarding the legal and
ELAA proposes to establish a port-to-port aggregated volume economic analysis of tramp maritime services. The contract for
database, based on figures supplied by the carriers to an the study was awarded end July and the consultants are
independent data service, to provide for an industry supply and expected to deliver the study within 4 months.
demand forecast produced with the help of an independent
expert and to establish a Liner Shipping Association enabling
carrier discussions and consultations with other industry
stakeholders. In addition, it is proposed to establish a simple
aggregated price index by trade direction and to publish
information from the public domain to increase transparency of
costs such as bunkering, canal dues, port charges and currency
exchange rate exposure. Finally, it is proposed to make all the
information generated available to the general public and the
benefit of all industry stakeholders and governments.
APPLICATION OF EU COMPETITITION RULES ON MARITIME SERVICES 29
CRIMINAL SANCTIONS FOR SHIP-SOURCE POLLUTION 2006 that the industry’s challenge to the Directive is well found-
ed and has remitted the case to the European Court of Justice.
Legal confusion continues after adoption
of the Directive and Framework Decision ECSA is closely monitoring implementation of the Directive and
Framework Decision into national law and will give an appropri-
After a long and very confusing political decision-making ate follow-up to the outcome of the court cases.
process, which started in 2003, the Directive and Framework
Decision on criminal sanctions for ship-source pollution were
eventually adopted in 2005. From an industry viewpoint, the PROPOSAL FOR A DIRECTIVE ON CIVIL LIABILITY
final outcome was very disappointing because of a much AND FINANCIAL SECURITIES FOR SHIPOWNERS
contested deviation from MARPOL and UNCLOS. (MARITIME SAFETY PACKAGE III)
The Directive lays down the basis to sanction deliberate as well The maritime safety Package III includes two proposals dealing
as accidental ship-source pollution. The Framework Decision with legal issues, the most controversial of them is the proposal
determines the penalties, including imprisonment, for such on civil liability and financial securities.
pollution. The two texts were issued following the sinking of the
oil tanker Prestige off the Spanish coast of Galicia in November The proposal aims at establishing stringent liability rules appli-
2002. cable to all ships with a view to preventing or repairing damage
caused by ships. To that end, it is proposed that all EU Member
The provisions of the Directive and Framework Decision have to States become contracting parties to the 1996 Convention on
be implemented into Member States’ national law by 1 March the Limitation of Liability for Maritime Claims (1996 LLMC). It is
2007 and 12 January 2007 respectively. also proposed to incorporate this Convention into Community
law in order to ensure its full and uniform application through-
The future of the Directive and Framework Decision is, however, out the EU. As a second step, the Commission envisages seeking
unclear since after adoption court cases were launched against a mandate for negotiating a revision of the 1996 LLMC within IMO
them. The Commission has asked an annulment of the with a view at reviewing the level at which the shipowner looses
Framework Decision by the European Court of Justice. An indus- his right to limit his liability.
try coalition has contested the legal validity of the Directive
before an English High Court. The High Court ruled on 30 June The draft Directive also provides a more severe liability regime
LEGAL ISSUES 31
PASSENGER RIGHTS the Commission have addressed the issue of VAT on on-board
restaurant transactions. Specifically, they are proposing that
While the Commission’s 2005 Communication on Passenger such on-board restaurant and catering services should be
Rights concentrated on air transport, it announced that the taxable at the place of departure of the transport service.
Commission would be turning its attention to the maritime Member States are discussing the proposal, it being understood
sector; areas to be addressed include delays, cancellations, that it will not affect the ability of individual Member States to
passenger complaints, denial of access and rights of persons decide whether or not to charge VAT on such transactions. It is
with reduced mobility. anticipated that there will be a Council Statement to this effect
which is crucial in order to safeguard the existing level of ferry
In this context, the cruise and ferry sectors have provided both services.
the Commission and their consultants with comprehensive
written information on the existing practice in these areas, and The issue of taxes on other services, such as on entertainment,
arranged meetings and visits to vessels to explain the arrange- is also under consideration, with the industry closely following
ments at first hand. The Commission is currently reviewing the the situation.
input from the various stakeholders, with any possible EU
initiative likely to be taken in 2007.
TRAVELLERS ALLOWANCES
TAXATION – ECSA has welcomed the proposed Directive to raise travellers’
PROPOSED SUPPLY OF SERVICES DIRECTIVE allowances and in submissions to Member States and Parliament
has made the case for parity between sea and air travel. This is
While the possibility of VAT on passenger fares has been evident since passenger lines are in direct competition with
dropped following industry input to the consultation process, airlines.
PASSENGER SERVICES 33
34
RESEARCH
& DEVELOPMENT
ECSA
EU MARITIME INDUSTRIES TO STAY allocated a substantially higher budget than the previous
ON THE INTERNATIONAL FRONTLINE programs. With a long term view and also to guide the
Commission in developing the 7th FP, the maritime industries’
Research and development is core to innovation, also in Technology Platform WATERBORNE developed and published a
maritime transport. First instance innovation is a responsibility ‘Vision 2020’, followed by a ‘Strategic Research Agenda’.
for individual companies for operating efficiently and compet-
itively. But there are many aspects where joint approaches ECSA members have acknowledged the importance of R&D, but
between operators, yards and suppliers of equipment, but also at the same time identified the difficulties in maintaining a
with research institutes, are necessary for reasons of expertise, good oversight of the almost abundant initiatives and develop-
consultation and costs. These aspects may include areas as ments at national and at community level, especially also
safety, propulsion, emissions, development of standards and individual Commission initiated policy related projects. Efforts
the meeting of regulatory requirements. Technological research will therefore be made in enhancing the tracking, monitoring
will most often be undertaken by suppliers and specialised and reporting efforts.
institutions rather than by shipowners, although operational
requirements and priorities must be closely consulted on and As a first step and also to better learn the R&D process, ECSA
results tested. ECSA’s main role lies in this supportive consulta- has taken on the coordinating role in the integrated project on
tion and setting of priorities. safe maritime operations under the 6th FP. The proposal for this
‘Flagship’ project with almost 50 participants, including sever-
Research and development plays an important supporting role al member associations and companies, was formally approved
for stimulating know-how and the competitiveness of the EU early 2006 and after contract negotiations with the Commission
under the Lisbon Strategy set by the Commission and Member is expected to start autumn 2006.
States. To this effect the 7th R&D Framework Program has been
RESEARCH & DEVELOPMENT 35
ECSA
EUROPEAN COMMUNITY SHIPOWNER’S ASSOCIATION
RUE DUCALE 67 B 2
1000 BRUSSELS
e-mail : mail@ecsa.be
Website : www.ecsa.be
ECSA INTERNAL
BOARD OF DIRECTORS
PRESIDENT
Lennart Simonsson (Sweden)
VICE-PRESIDENT/PRESIDENT-ELECT
Philippe Louis-Dreyfus (France)
DIRECTORS / ALTERNATES
Members Alternates
MEMBER COUNTRIES
BELGIUM The Cyprus Shipping Council is one of the closest co-operators of the
Cyprus Department of Merchant Shipping in the formulation of the
2005 was again an excellent year for the Belgian shipping compa- Government’s maritime related policy. No policy decisions concern-
nies and thus, according to the results of the updated Economic ing shipping matters are taken by the Government without first
Impact Study (Policy Research nv), there is no longer any reason to consulting the Council. This has been achieved through the partici-
doubt the efficiency of the shipping policy. pation of the Council at numerous joint working groups with various
Government Departments. Furthermore, the Council is regularly
Policy Research’s conclusion was that, despite the new policy called to appear before Parliamentary Committees as the represen-
coming into effect later than planned, most of the Belgian fleet tative body of the Cyprus Shipping Industry, when matters affecting
was already sailing under the Belgian flag at the beginning of 2005. Cyprus Shipping are discussed at the House of Representatives.
Added value in the merchant marine sector has risen by 65% since
2001 and employment for Belgians with 3%. The introduction of During the EU accession negotiations, Cyprus adopted a new safe-
the new shipping policy in Belgium got off to a good start. The new ty maritime policy, which concentrated on the effective control of
policy framework also meant that the key players in the Belgian the ships and the improvement of the quality of the fleet, through
shipping cluster kept their decision-making power in Belgium. the implementation of stricter registration rules, the deletion of
substandard vessels from the Cyprus Registry, unscheduled
On the national level, a project concerning company taxation has inspections of Cyprus flag vessels and a network of Independent
been finalized to permit private investment in ships on the same inspectors of Cyprus flag vessels. All the abovementioned efforts
lines as real estate certificates. For seafarers on board short sea and measures taken have paid off for Cyprus, and on 18 May 2005,
vessels separate wage conditions were negotiated. the Cyprus flag was removed from the “black list” of the Paris MoU,
and on 10 May 2006 was placed on the MoU’s “White List”.
After an absence of several years, Belgium was elected to the
Board of the International Maritime Organization after an inten- The smooth development and operation of Cyprus Shipping is still
sive election campaign by the Belgian government, supported by hampered by the Turkish trade restrictions against Cyprus flag
the ship-owners. Belgium can reassume its international role as a ships, which were introduced in 1987. Since Cyprus accession to the
maritime nation. EU, these restrictions demonstrate that the illegal and discrimina-
tory practice followed by the Turkish Authorities not only affect
Once again, the campaigns to promote the seafaring profession Cyprus, but also the interest of the EU. The Turkish embargo
that the maritime sector organizes in collaboration with the distorts the application of the principle of fair and free competi-
merchant navy training institutions are proving highly successful. tion in shipping trade within the EU, undermines the economic
Enrolment for the 2005/2006 academic year has increased in adult development and cooperation of the region, and violate all
education centres, secondary maritime training institutes and the commercial principles in shipping.
Maritime Academy. The Maritime Academy is developing an option
for students who are more interested in getting on with seafaring The Cyprus Shipping Council organised for the second time, the
than in acquiring an academic title. They will be able to take only “Day of the Sea” Event, which took place on 17 September 2006, in
STCW-related subjects, leading to the granting of a seafaring Limassol. The “Day of the Sea” Event is a biennial “Open-Fair”
certificate. If they decide to obtain the academic title at a later social event related to the Sea and Shipping. Its aim is to increase
stage, the modular system will enable them to take the necessary public awareness of the Shipping Industry in general and at the
courses for graduating fully. same time promote the image of the Council in Cyprus, as well as
maritime employment both onboard and ashore. Admission at the
CYPRUS Event was open to the general public and approximately 4000
people attended the Event.
Cyprus constitutes the 3rd largest shipping fleet in the European
Union, and is considered to be the largest third-party ship Last but not least, the Cyprus Shipping Industry in cooperation with
management centre in Europe. The contribution of Shipping to the Cyprus Government organised for the ninth time with great
Cyprus is estimated to be between 2-4 % of the Gross Domestic success, the biennial international shipping Conference “Maritime
Product, which exceeds EUR 350 million per year. Another impor- Cyprus” on 25-28 September 2005, which attracted hundreds of
tant contribution of the Cyprus Shipping Industry is that it has shipping executives and experts from all around the world. The
created many employment opportunities for Cypriots. The total Conference was entitle “Shipping: What lies ahead?... A three
number of gainfully employed persons by Cyprus shipping ashore is piece puzzle” and focused on three interlinked key issues, which
approximately 5,000 and approximately 25,000 seafarers are formed a “puzzle” for the Shipping Industry: Manning & Industrial
employed onboard Cyprus flag ships at any one time. Relations, Ship Safety & Security and Financing.
SHIPPING IN ECSA MEMBER COUNTRIES 47
Secondly, the RIF register: the law introducing the new French Finland’s own foreign trade shipments rose to 89,6 million tons,
international register was voted in May 2005. Due to a late release transit shipments being 5,6 million tons. The Finnish merchant
of some additional legal texts, the entry into force of the French fleet transported 32 % of the exports and imports of the country.
second register became only effective mid February 2006. About 25 The number of passengers transported by sea between Finland and
ships have been registered under the RIF register so far. This regis- other countries was 16,6 million.
ter is open to every single ship operating on an international
market except for ferries on intra-community traffics. From the beginning of January 2005 a net wage system, in line with
the EU State Aid Guidelines, is in use even for passenger vessels.
When adopting the law, there were fierce discussions in Parliament The net wage system applies to all types of Finnish flagged vessels
and between shipowners and unions about the mandatory number in international traffic serving Finnish foreign trade, that is in
of European seafarers to be included in the total crew. regular traffic to and from Finnish ports.
Eventually, the shipowners’ point of view was adopted, with the The law on tonnage tax has been in force for some years now, but
obligation to have on board each vessel 35% of European officers only one small shipping company has chosen this option. A func-
and ratings (including the master) if the ship is to be financed tioning tonnage tax system is still one of the most important issues
through the French tax lease scheme, and 25% if financed other- for Finnish shipping. It gives shipping companies the opportunity to
wise. The unions considered last figure as a poor result and some- make long-term decisions in an operating climate corresponding
how not satisfactory. So they decided to ask ITF, during the Rio FPC to that in competitor countries.
of last year, to declare the RIF a flag of convenience and this is
what ITF did, on the basis of article 12 of the Oslo-to-Delhi Policy. GERMANY
As a consequence, some French shipowners clearly said that they
would not register their ships under the RIF register as long as this The German-owned and operated merchant fleet keeps on
flag is being classified FOC by ITF. For the time being, Armateurs de growing: 206 newbuildings with 6,4 GT and a gross investment of
France is currently re-opening discussions with the unions, and it is € 6,7 Billion were put into service by German shipowners in 2005. In
currently not clear what will happen next. addition 259 second-hand vessels with a total of 4,5 Million GT
were purchased from abroad.
The law related to the RIF register also includes an exemption of
their contribution to the national social security scheme for On 1 January 2006, the tonnage owned by German companies flying
employers and also implies (under certain conditions) an exemp- the German or foreign flags added up to 2.729 vessels with a total
tion of payment of income tax for seafarers. of 50 Million GT. This is an increase of 154 and a total tonnage of
9,0 Million GT compared to the figures a year ago. The German-
That last point is put forward in ongoing discussions with the owned fleet now ranks third in the world. It mainly consists of
unions about the FOC classification of the register as an item to be containerships, i.e. 1.167 vessels with a capacity of 2,8 Million TEU.
considered, as it is apparent that most French officers are asking This part of the fleet maintained its world-wide top position.
shipowners to urgently proceed to registration of their ships under Amongst these vessels, 603 are flying the German flag and 2.126
the RIF register to benefit from the exemption. are flying foreign flags, of which 1.751 are entered into a German-
sea-ship-register.
Another concern in France, as everywhere in the shipping world,
relates to recruitment (and the quality of training). Because of early On 1 July 2006, the orderbook for deliveries to German shipowners,
wastage among officers, especially in deep sea navigation, there is including their affiliated companies abroad, consists of 703 vessels
clearly a shortage of officers, more specifically of engineers. As in with a total of 18,3 Million GT. This means a total gross investment
many countries, shipowners and other branches of the nautical of ¤ 23,1 Billion. The majority of the newbuildings are container
industry have launched a common reflection on how to attract vessels. This will keep the fleet modern, strong and efficient.
young people to careers at sea. A maritime cluster was created end
2005, both for the purpose mentioned above and also to promote The change of government after the elections of September 2005
the maritime industry with the authorities and the public. has not affected the positive development of the German shipping
industry. In its coalition treaty the new government confirmed the
FINLAND basic principles of its predecessor in that the strengthening of the
maritime cluster was declared to be an important policy aim. In
The Finnish merchant fleet amounts to 1,6 million GT. The average particular, the tonnage tax and the additional measures for the
age of the merchant fleet is about 20 years. Some newbuildings reduction of wage cost differences between the German flag and
have been registered under Finnish flag in the past year and hope- foreign flags have been expressly confirmed. This was mainly due
fully at least some of the ships on order will carry the Finnish flag. to the fact that all agreements made by the National Maritime
Conference in 2003 had been fulfilled by the government, the union
The Finnish merchant fleet is still almost totally manned by Finnish and the shipowners. The shipowners have met their promise to
seafarers (7500) due to strong opposition from the Seamen’s reflag more than 100 vessels. The number of ships flying the
Union against foreign employers. German flag increased since the beginning of 2004 by 42%, their
SHIPPING IN ECSA MEMBER COUNTRIES 49
registered 12,702 millions Euro compared to 17,608 millions Euro In 2005, the Lithuanian Government and stakeholders came to a
for all the other systems of transportation taken together. mutual agreement, suggesting reducing Social contribution taxes.
Following endorsement by the European Commission, the
The maritime system produces about €36,300 million, equivalent Lithuanian Parliament has to adopt implementing measures.
to 2.7% of GDP, the same amount as the agricultural sector. The
most significant portion of the maritime economy is to be assigned The Lithuanian Government also notified a proposal to introduce a
to the maritime transport of goods and passengers, yielding some Tonnage Tax system in Lithuania, which was approved by the
€15,700 millions, equivalent to 43% of the entire maritime system. European Commission on 19 July.
This is a sector with a strong capacity to produce profit: the
national system creates yield of over €210 corresponding to each It is expected that these fiscal measures will come into force in
additional €100 that goes to the shipping sector because of new 2007. Starting on 1st January, 2004 “0” % income tax was intro-
investments or increased exports and consumptions. duced for all seafarers, liable to taxation in Lithuania, irrespective
of the flag of the vessel they work on. The question of reintroduc-
From the occupational point of view, 26,300 labour units employed ing a Lithuanian flag link principle with regard to income tax
in the shipping sector activate over 60,000 labour units in other exemptions is now under scrutiny. The EC forced Lithuania to
branches of the economy. Therefore, the overall shipping sector reintroduce the flag link principle. Due to the fact that Lithuania
employs on the whole 86,300 people with a high multiplier, equal to joined the EU in May 2004, Lithuanian seafarers have become
3,028. It is estimated therefore that 100 additional labour units in “more expensive” because of social contribution taxes, which are
the maritime sector become 328 in the entire economic system. to be paid by European shipowners. Many Lithuanian seafarers
were replaced by a labour force from third countries.
With the introduction of the international register and the
tonnage tax, the reform of navigation has been completed, in From 1st July, 2006 Lithuania has become a member of the Paris
compliance with the European Community directives; this means Memorandum of Understanding. It is hoped that this fact will
that not only is the Italian shipping industry currently able to reduce the number of Lithuanian ships being detained.
operate on an equal footing with the international competition,
but there has been a noteworthy revival of maritime activities, Increasing the competitiveness of the Lithuanian shipping
with the result that decision-making and administrative hubs that sector demands a continuing improvement of the reputation of
might otherwise have been moved to offshore areas have been the Lithuanian flag and a further application of state aid
kept (and in some case relocated) in Italy. measures in line with the Community guidelines on State aid to
maritime transport. It should also enable a renewal of the
During 2005 there were major new developments regarding the Lithuanian fleet.
tonnage tax, in force since the tax period following 20 October
2004, the date on which the European Commission declared it to be Altogether, the year 2005 was a profitable year for the main
compatible with the new treaties establishing the system of national shipping companies.
optional taxation applicable to navigation enterprises.
THE NETHERLANDS
LITHUANIA
Overall, 2005 was a good year for global shipping with a high
The entire Lithuanian transportation system plays an important volume of cargo being carried and with good rates. Although Dutch
role in the economy of the country. Annually, this sector generates shipowners have benefited from this positive year, the Dutch share
over 8.0 % of the national GDP and employs about 4.0% of its total of global transport could have been bigger. The reason being an
labour force. unsatisfactory business climate for shipowners in the Netherlands
resulting in a decline of the number of ships registered under the
At the end of 2004, the Governmental Strategic Committee Dutch flag.
approved some guidelines on the basis of a study on the
“Relevance and Economic Impact a Modern Shipping Policy on Until 2003, the Dutch-registered fleet showed a steady increase of
Lithuania’s Economy.” A set of measures to be implemented was three to five percent annually. Since then, the number of ships
proposed, aiming at improving the national setting. There are two under the Dutch flag has decreased with a similar percentage
main fiscal measures, i.e. a Tonnage tax system and a reduction of resulting in a fleet of 759 ships in July 2005, which was the fleet
social contribution taxes. back in 2001.
It was finally concluded that a Modern Shipping Policy would have In 2005, it once again became apparent that the Dutch shipping
a significant positive impact on the Lithuanian shipping sector and industry acts as a booster for other segments of the Dutch
the Lithuanian economy as a whole. The Lithuanian shipping sector maritime cluster. Dutch shipowners have ordered a considerable
suffers from some weaknesses and threats, namely manpower number of ships to be built in the Netherlands and the positive
costs, a high average age of the merchant fleet and a declining consequences to a large part of the cluster (shipyards, maritime
number of merchant vessels under Lithuanian flag. suppliers, ports) have been clearly visible. EUR 2.8 billion was
SHIPPING IN ECSA MEMBER COUNTRIES 51
The importance of the Dutch shipping industry was also underlined National legislation “outranking” international legislation may be
in the results of a study carried out by the University of Groningen, a negative influence on the appeal of the Dutch business climate.
published in September 2005. Maritime transport is in the top five As it is potentially damaging to competitiveness with other flag
of most successful services in the Netherlands and came second states it is something that should be guarded against. In 2005 it
for size. looks as though it is happening anyway in the area of environmen-
tal legislation. The Inspectorate for the Environment has decided
The worldwide role of the Dutch shipping industry is important too. to maintain national legislation for Dutch flag ships regarding
For instance, in terms of numbers (nearly 300), the Dutch short sea refrigerant agents in shore installations to the letter. Should this
shipping sector is number three in the world and number two in prove to be legally feasible in the Netherlands –which according to
Europe. The Dutch reefer trade and the heavy lift trade are also standard international interpretation it should not be– it will
significant world players. definitely have an adverse effect on the competitive position of
ships registered in the Netherlands.
The total number of seafarers employed by the Dutch merchant
fleet is 20,000. 192,000 people are employed within the maritime It is clear that the Dutch shipping industry’s added value can only
cluster as a whole and it generates an added value of be maintained –and if possible increased– by amending the
€ 12.6 billion. Dutch shipping policy. The fact that half the ships operated by
Dutch shipowners are at present registered under foreign flags
Dutch consumers too benefit directly from the shipping industry. In provides great potential for the expansion of the Dutch register.
combination with the low cost of maritime transport, the enor- Amendment of the shipping policy should not be confined to the
mous quantities of cargo transported cause a large number of remit of the Ministry of Transport, Public Works and Water
goods to become available at (relatively) low prices. Very often Management, but should extend to that of all other ministries
the consumer is not aware of this, but 90 percent of goods for that have links with the shipping industry. Should there be no or
consumption and production worldwide are transported by ship. insufficient amendment to the policy, there is a very real chance
Last but not least, many short sea ships contribute to the reduc- that – despite efforts by the Ministry of Transport, Public Works
tion of traffic congestion on Dutch roads, by taking goods off and Water Management – the downward spiral plaguing the
lorries and onto this type of ship. Dutch shipping industry prior to 1996 will once again become
manifest.
In order to make the Netherlands a more attractive location for
shipping business, the Dutch government introduced a specific NORWAY
shipping policy about ten years ago. The policy was meant to
contribute to the continuing development of not only the shipping Instability and controversy have marked the Norwegian maritime
industry but also the maritime cluster as a whole. By now the policy over recent years. The Norwegian tonnage tax system, which
shipping policy is showing signs of aging. It has been copied and in was introduced in 1996, is no longer competitive compared to
many cases even improved upon by the countries surrounding us, international systems, including tonnage tax systems in other
and the Netherlands have fallen behind. The Ministry of Transport, European countries. Over the last couple of years a clear trend has
Public Works and Water Management has recognised this fact and been seen in which new shipping projects and activities, controlled
intends to carry out an evaluation of the policy over the past ten by Norwegian interests, are located outside Norway.
years. Based on this evaluation there will be recommendations to
make the shipping policy attractive once again. It goes without However, a government Shipping Policy White Paper in 2004 result-
saying that the KVNR, as a trade organisation to the shipping ed in a very broad political majority in Parliament in favour of
industry, will make a positive contribution in this matter. aligning the Norwegian tonnage tax system with EU countries. The
majority included all parties except the Socialist Left Party. As a
Whilst renewing the Dutch shipping policy, the position of Dutch response, Government appointed an expert commission to review
seafarers will have to be addressed as well. They operate in an the Norwegian system and give recommendations with respect to
international labour market of which the Dutch seafarers’ one is aligning it with the European model.
only a part. Dutch seafarers are of value not only as long as they
work as officers or masters on ships flying the Dutch flag, but also The White Paper did not result in a similar broad political majority
when –after an average of seven years at sea– they exchange their in the Parliament concerning the future conditions for Norwegian
seagoing jobs for shore positions. Often they occupy specialist seafarers. A wide majority was in favour of maintaining the current
positions within the Dutch maritime cluster and thus continue to net wage system for offshore vessels, but a majority voted to
make valuable contributions to the Dutch economy. However, their discontinue the net wage system for ferries in international service
competitive position in the international labour market is being as of 2006. The liberal/conservative government lost the general
severely impaired by government policies often not specifically election, in September 2005. The election returned a three party,
aimed at the seafaring population. The new health insurance red-green, majority government, including the Socialist Left Party
52
ECSA
as junior partner (holding the post as Minister of Finance). This is In 2005, the Polish owned and co-owned fleet carried 9 362 400
the first majority government in Norway for 20 years. The new tons of seaborne trade, i e by 58,4 % less than in 2004. As far as the
government has committed itself to promote the Norwegian carriage of passenger in the Baltic Sea is concerned, there was an
maritime industries and has made it clear that it will not discon- increase of 14,1 % compared to the preceding year (713 000 pas-
tinue the net wage system for ferries in international service. sengers carried in 2005).
The expert commission, which was headed by a professor in The passenger coastal fleet comprised 21 small units of total
economics, presented a split recommendation in March 2006. The 4 300 GT. In 2005 maritime affairs were dealt with by the Ministry of
commission-minority recommended full alignment with European Infrastructure and later by the Ministry of Transport and
tonnage tax systems. However, the majority gave a very theoretical Construction. On 5th of May 2006 the Ministry of Maritime Economy
recommendation: in order to secure optimal allocation of resources was established, thus fulfilling the expectation of the maritime
in the Norwegian economy the general Norwegian tax system must industries forum, including the PSA.
apply on equal terms to all Norwegian industries and employees.
Consequently all special tax provisions for shipping companies and There are now great hopes in shipping circles that there could be a
seafarers should be abolished, even if this will result in shipping speeding up of the process of consultation and work on the coun-
activities leaving Norway. The commission report was out for public try’s maritime strategy for the years 2007-2015, which includes
hearings until June. It already seems clear that the theoretical such topics such as competitiveness, labour and growth.
majority recommendation does not have much political support. A
joint maritime cluster, employing more than 90.000 Norwegians, As a result of intense discussions, on 12th April 2006 two separate
hopes that the Norwegian government will decide to make the Polish associations agreed to jointly represent Polish Shipping
necessary changes to bring the Norwegian tonnage tax system in (20 members) at ECSA. The POLISH SHIPOWNERS’ ASSOCIATION
line with the system in EU-countries. The government is expected to (PSA) now includes 4 Members from POLSTEM Group of Companies.
draw a conclusion in the autumn of 2006. The PSA’s Secretariat has been transferred from Gdynia to Szczecin.
PSA is actively co-operating with the Polish Shortsea Promotion
The Norwegian controlled fleet declined by 9,3% to 37,1 million dwt Centre, Polish Chamber of Maritime Commerce and other organiza-
in tonnage terms from January 2005 to January 2006. However, the tions and associations in Poland.
fleet grew by 28 in numbers to 1.642 vessels. More than 2/3 of the
fleet fly EEA-flags, including more than fifty percent under Throughout the years, the Polish Government has been publicly
Norwegian flag. declaring support for the national shipping sector. Yet, the years to
come will show the results of a current discussion on a “tonnage
At the beginning of 2006 Norwegian shipowners had a total of 212 tax regime”. On the side of PSA there are hopes and expectations
new ships, valued at 64 mill NOK, and 20 rigs on order, valued at 32 that the proposed Tonnage Tax regime can be adopted by the Polish
billion NOK. The total value of 96 billion NOK (14,2 billion USD) Parliament in 2006. Regrettably, a reduction of social taxes and
represents an impressive 140% increase compared to January other wage related proposals have not as yet been considered.
2005. Norwegian yards accounted for 59 of the ships on order,
another 35 orders were placed at other European yards in Poland, Experts of the Polish Shipowners’ Association are actively partici-
Spain, Finland, Netherlands and Germany. pating in all initiatives which are aiming at returning ships to the
Polish national flag. However, such a return will require a more
As of February 2005 some 55.500 persons of more than 60 different friendly approach from the Polish Ministry of Finance (State
nationalities were employed onboard Norwegian controlled merchant budget respectively) as well as fiscal incentives in line with the
vessels and rigs. Some 15.200 of these were Norwegian nationals, Community Guidelines on State aid to maritime transport.
10.600 of other EEA-nationalities and another1.100 of other
European nationalities. The most important non-European national- PORTUGAL
ities serving onboard Norwegian controlled vessels were Filipinos and
Indians, represented by 16.600 and 4.000 seafarers respectively. The year 2005 was, once again, a frustrating one for the Portuguese
Shipowners. The Government change, in March 2005, did not result
POLAND in a policy change with respect to Portuguese shipping.
Consequently, Portuguese Shipowners continue to wait for the
As of 31.12.2005, Polish shipping companies owned (or co-owned) adoption of the requested supportive measures, similar to those
130 ships which capacity amounted to 1 862 300 GT whereof, ships already adopted a long time ago in most other Member States,
flying Polish flag were only 17 what represented 2,1 % (in GT) of the such as the adoption of a tonnage tax regime and measures in the
total figure. In comparison to 2004, it was 13 ships more (163 800 field of social security contributions and income taxation.
GT). An average age of the fleet was 20,1 years.
The new Government has highlighted the importance of maritime in
In June 2006, the country’s statistics on vessels on order (including its Programme but the maintenance of three Ministries responsible
affiliated companies abroad) indicated 12 bulkers (406,170 dwt) for maritime policies, will not result in an integrated, consistent and
for delivery in 2008-2009. efficient performance which the Portuguese shipping so requires.
SHIPPING IN ECSA MEMBER COUNTRIES 53
SPAIN SWEDEN
After two exceptional years of historical freight levels in most 2006 is a significant year for the Swedish Shipowners´ Association.
market sectors, the downturn registered in 2005 affected also The Association celebrated its centenary as the association for the
Spanish shipping. The tonnage of the total merchant fleet Swedish shipping industry.
controlled by Spanish shipping companies decreased by 2.2%, in
terms of GT and 3.9% in DWT. Nevertheless, it is worth noting that In 2006, two important studies were presented as part of the
the decline was concentrated in the Spain’s registered ships, while centenary celebrations. A new cluster study was presented with new
the fleet controlled under foreign flags remained practically figures showing the growth within the shipping sector in Sweden.
unchanged. Approximately 220 000 people are involved in the shipping cluster in
Sweden. The cluster has increased with 70 000 people since the last
At the beginning of 2006, Spanish shipowners controlled 281 report from 2001. A second report included a programme present-
merchant ships with 4,083,308 GT and 4,941,178 DWT. Out of these ing a vision for the coming ten years for the shipping industry in
totals, 60% of the ships, 55% of the GT and 43% of the DWT were Sweden. This “Vision 2016” has 8 headlines which will be the lead-
flying the Spanish flag. Only 5 ships, of 6,193 GT and 7,198 DWT, ing star for the future work and ambition of the Swedish
remained in the traditional Spanish ship register so that 99.7% of Shipowners´ Association during ten years. Both reports are avail-
the tonnage under national flag was registered in the Special able on the website of the Swedish Shipowners´ Association -
Canary Islands register. (http://srf2.initiva.net/Sveriges_Redareforening_DXNI-
679_.aspx).
Last year, Spanish shipping companies received only 7 newbuild-
ings, with a market value of about €237 million. Adding to the 18 The operation conditions for Swedish shipping are still a central
new ships received in 2004 and the 13 in 2003, the total question, primarily with respect to the implementation of the
investment, only in these 38 newbuildings, exceeds €1,477 million tonnage tax in Swedish legislation. During 2005 a report was pre-
in the last three years. sented and hopefully this proposal for a new tonnage tax regime
will go to the Parliament during the fall 2006.
Spanish seaborne trade (imports + exports + national cabotage)
increased by 8.2% in 2006, reaching a new historic record of 340 Education and research are core areas in the shipping industry of
million tonnes. General cargo trade showed an increase of 10.4% the future and its development. Together with Chalmers University
to 101.4 million tonnes, dry bulk rose by 8.4% to 105.1 million of Technology and the School of Business, Economics and Law at
tonnes and liquid bulk shipments by 6.4% to 131.9 million tonnes. Gothenburg University, the Association and its members, in the
Transport demand increased strongly both in exports (59 million long term cooperation project, have established Lighthouse, a new
tonnes, +9.7%) and imports (234 million tonnes, +8.6%), while competence centre in Gothenburg for shipping related education
54
ECSA
and research. This long term investment from the shipping industry structure for shipping; key to this is maintaining the competitive
will secure the future research and education which the industry advantage of European-based shipping.
will require for the future.
The shipping industry, as we are all well aware, made a major
An important issue, in which the Association is actively involved, is advance in the field of seafarers’ working conditions with the
that the Baltic Sea Area should be classed as a Particularly adoption of the International Labour Organisation (ILO) Maritime
Sensitive Sea Area (PSSA). As the leading country, Sweden has Labour Convention 2006, which is designed to provide an effective
been the driving force behind this issue at IMO and in mid-2005, safeguard of decent conditions for seafarers across the globe. The
the decision was passed. challenge is to ensure that the convention in implemented in both
British and European law in a pragmatic manner which preserves
Statistics from the Port State Control Paris MoU show that Swedish the flexible elements for which the Chamber and other shipping
ships are among the very best in the world. The Shipowners´ organisations have fought hard.
Association and its members have a policy of zero tolerance with
respect to detentions following Port State controls. On employment the Chamber has continued to push the
Government to take action in order to create a more favourable
An important question, which indirectly affects shipping in employment environment for UK seafarers. The Chamber remains
Europe, is the review of the emission trading system for carbon firmly opposed to any mandatory employment link for tonnage tax
dioxide, which was initiated during the year. The Swedish companies, although it is willing to consider voluntary commit-
Shipowners´ view is that this tool, i.e. the trading system as such, ments by companies both in and outside tonnage tax. Improving
is superior to the alternatives of taxes, regulations or higher employment opportunities for officers and particularly ratings
charges. It means that European competitiveness is not weakened continues to present a real test and challenge to policy makers and
more than necessary at the same time as the environmental shipowners alike.
effects are rapidly achieved.
Maritime governance issues and environmental performance have
UNITED KINGDOM remained high on the international, national and EU agenda during
2005 and throughout the Chamber has worked to ensure that
The growth of UK-based shipping has continued through 2005/6, progress is achieved against a background of commercial realism.
supported by an internationally competitive tonnage tax regime. Reductions in air emissions, to take only one example, must be
Since the introduction of tonnage tax in 2000, the UK has benefit- achieved using the latest technology and it seems vital that
ed considerably from the recent period of buoyant shipping legislation is flexible enough to allow industry to pursue the most
markets. As a result, UK-owned shipping increased in tonnage cost-effective solutions. In advance of the EU Future Maritime
terms during 2005 by a further 5% to 17.1m deadweight tonnes Policy Green Paper the UK Government has its own commitment to
(dwt) and is now some 140% higher than in 2000. UK-registered a ‘marine bill’ which will introduce a system for delivering sustain-
shipping outstripped even those achievements with an 11% able development of the marine and coastal environment. As with
increase to 11.7m dwt over the year, an expansion of more than the EU Green Paper this legislation will seek to resolve conflicting
300% over the past five years. demands amongst sea-users; from energy, aggregates, shipping,
port and fishing interests, while also ensuring that conservation
The combination of sustained growth and healthy shipping objectives are achieved.
markets has pushed up both turnover and the contribution sea
transport made to the UK balance of payments. In recently The Chamber continues to provide the base for the Sea Vision UK
released figures for 2004, shipping gross revenue broke the £10bn campaign to raise awareness of the wider maritime sector whilst
(Euros 14.5bn) barrier. Sea transport has risen up the table of encouraging young people to consider a career within the sector.
service sector export earners, and now lies third for the first time The campaign has benefited from the addition of three new staff
in many years, overtaking insurance, air transport and royalties and an increased membership. It now engages with over 250
behind the two traditionally high earning sectors of financial organisations and companies from across the sector. Sea Vision
services and tourism. UK is working hard to continue the legacy of SeaBritain 2005,
capitalising on the momentum generated by the maritime focus of
Maintaining this level of success in fiercely competitive interna- last year.
tional shipping markets is a major challenge. The EU’s revised 2004
Maritime State Aid Guidelines aim to set a fair approach between In 2006 Sea Vision partners will take part in wider range of public
the different national regimes of member states and to promote events than ever. The dedicated Sea Vision website, which contains
the international competitiveness of EU-based shipping but their the leading national maritime events database, is being continu-
detail takes a narrow approach to, for example, flagging which is ally updated to offer more service to the industry and public alike,
particularly unfortunate for an internationally focussed shipping with new careers, news and partner support sections and links to
industry like that in the UK. The Chamber sees the development of local attractions. The continued success of the UK maritime sector
a strong and influential EU hub for international shipping and guarantees an exciting future for Sea Vision UK, encouraging us all
shipping services as an essential component of the future global to ‘take a fresh look at the sea.’
ANNEX 4 55
GLOSSARY
14
12
10
65,7
4
3,2
2,8
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005
-2
South and
Central America
CIS
0 2 4 6 8 10 12 14 16 18 20
Imports Exports
Source: WTO.
TO: UK/ MEDITER- OTHER USA JAPAN CHINA OTHER OTHERS TOTAL
FROM: CONT. RANEAN EUROPE FAR EAST 2004
Scandinavia 6594 778 895 - - 691 216 6655 15829
Other Europe 477 - - - - 397 923 3446 5243
West Africa 7601 - 678 - - - - 2721 11000
Other Africa 7158 330 3201 - 10072 17014 1582 2311 41669
North America 12034 1347 295 - 857 1925 2257 4458 23173
S. America Atl. 46234 2350 8110 7460 27149 54407 20881 38214 204805
S. America Pac. - - - 403 4102 5701 2968 586 13759
Asia 630 139 - - 21938 39798 3710 2081 68297
Australia/N.Z. 14620 958 503 120 76250 69645 38767 5202 206064
TOTAL 2004 95349 5902 13681 7983 140368 189579 71304 65673 589838
Source: Fearnleys
EUROPEAN COMPANIES
MOU PORT STATES’ INDIVIDUAL CONTRIBUTION TO THE TOTAL AMOUNT OF INSPECTIONS 2005
TABLE 16
(25% COMMITMENT)
INSPECTIONS WITH
MOU PORT STATE
DEFICIENCIES *
DEFICIENCIES
INSPECTIONS
% DETAINED
DETENTIONS
Belgium 4975 1426 450 50 10 31,56 3,51 28,66 6,69
Canada 1850 896 275 37 10 30,69 4,13 48,43 4,2
Croatia 1228 411 238 16 2 57,91 3,89 33,47 1,93
Denmark 2361 613 190 14 0 31 2,28 25,96 2,88
Finland 1203 394 86 7 0 21,83 1,78 32,75 1,85
France 5730 1831 944 51 4 51,56 2,79 31,95 8,59
Germany 5238 1746 780 36 8 44,67 2,06 33,33 8,19
Greece 2284 772 327 33 5 42,36 4,27 33,8 3,62
Iceland 356 104 38 2 0 36,54 1,92 29,21 0,49
Ireland 1251 422 238 19 2 56,4 4,5 33,73 1,98
Italy 6505 2392 1506 226 29 62,96 9,45 26,39 11,22
Netherlands 5400 1373 776 71 11 56,52 5,17 25,43 6,44
Norway 2301 580 166 14 2 28,62 2,41 25,21 2,72
Poland 2583 723 366 12 1 50,62 1,66 27,99 3,39
Portugal 2697 1021 552 60 10 54,06 5,88 37,86 4,79
Russian Federation 3693 1104 738 37 8 67,21 3,37 29,89 5,15
Slovenia 744 247 129 69 27 52,22 27,94 33,19 1,17
Spain 6141 2169 1317 131 11 60,72 6,04 35,32 10,17
Sweden 2716 737 192 10 1 26,05 1,36 27,13 3,46
United Kingdom 6288 1895 1414 90 22 74,62 4,75 30,14 8,89
Source: Paris MOU
*) Involving responsibility of the Recognised Organisation which has issued the relevant certificate(s).
STATISTICAL TABLES 67
1000 War
Hull & Machinery
Fire/Expl
800
Grounded
Coll/Contact
600 Msc
400
200
0
80 85 90 95 00 05
19 19 19 19 20 20
Source intertanko
20
1980-89
9.3 spills per year 1990-99
15 on average 7.8 spills per year
on average
2000-05
3.7 spills per year
10 on average
0
1980 1985 1990 1995 2000 2005
Source: ITOPF
68
ECSA
650
600
400
(000's of tonnes)
350 Khark V
80,000 tonnes
300
Exxon Valdez
250 37,000 tonnes
200 Prestige
63,000 tonnes
150 Erika
20,000 tonnes
100
50
0
1980 1982 1984 1986 1988 1990 1992 1994 1996 1998 2000 2002 2004
Source: ITOPF
700
air freight
600 747-400
1,200 km
flight
CO2 (grams per tonne/kilometre)
500
400
300
heavy truck
with trailer cargo vessel cargo vessel
200 2,000-8,000 dwt over 8,000 dwt
100
70
ECSA
DESIGN & PRINTING : FUTURA S.A., Brussels
e-mail : mail@esca.be
Website : www.ecsa.be