Inland Waterway Transport: Regulatory Barriers, 2008

Transcription

1 Bulgaria High standards/ requirements with regard to ship insurances and high rates paid for provided Services. Unequal treatment of the different modes of transport with regard to insurance Problems using vessels bought in other MS and limitations in accessing the. Restrictive legal frameworks concerning the employment of foreign workforce. Inflexible regulation with respect to working conditions and working times. Imbalanced requirements applied within the licensing procedure along the versus Danube. Existing working and resting time regulations are not observed by a significant number of enterprises. Port dues are not fed back or allocated to port investments and improvement. Fleet is only partly insured; not full coverage for P&I- insurances (protection and indemnity) and other Far reaching insurances. No regulation forcing insurance companies to contract insurance with a shipping company. Waterway Administration, does not accept crews consisting of 2 persons (instead of 3 persons) on the regulated Elbe. applicants for the patent must use for medical certificates issued by German doctor can not doctor. Non-acceptance of existing number of personnel aboard of vessels. Application of boat master s patent for skippers outside the area is easier for Danube skippers than Elbe skippers. Competitive disadvantages. Competitive disadvantages. Time and Lack of qualified labour/ shortages. Poor compliance with regulation. Competitive disadvantages. Safety risks, unequal competition. Risk increasing. Cost increasing (foreign insurers with unfavourable conditions). Legal requirements. National state policy. National Policy CCNR requirements. IWT not excluded in overall restrictive legislation. n legislator does not take on board work into account. Restrictive CCNR requirements. Term working time does not reflect the working conditions on an inland ship adequately. National policies, revenue raising for other spending purposes. High costs of other insurances. insurance institutions rejected for a long time to conclude insurance contracts with inland navigation companies. Danube countries National and International transport Bulgaria Bulgaria Unknown. Disadvantage for skippers on the Elbe. German / requirements / certification list of doctors. Problems with the appropriate certificates for shipping. Proposed procedure by CCNR only applies to masters with Danube patent. CZ and other Non- countries Page 1 of 6

2 Repulic Discriminatory port fees are used. Payment of services within public ports is unclear. Too restricted operating times of locks, mainly along the river Moldau. "35 hours" law limiting the normal work duration per week. A revision of the existing rules on crew size should be contemplated, in coordination with the European rules. Limited lock opening times are a hindrance to development of IWT. Taxation of capital gains of selling of vessels when reinvesting in new vessels. IWT fuel is without taxes in Belgium, while it is not tax-free in. The level of compulsory social contributions is higher in than in neighbouring countries Existing rules and regulations in in many cases are the most restrictive and stringent in Europe. Very expensive to invest in and finance capital cost of vessels. Implementation of the (former) Directive 82/714/EWG into German law resulted in stricter requirements than in other countries. Manning regulations (number and qualification) have become obsolete. Unequal/ unfair competition and nontransparancy in port fees. Non-transparancy in port fees. High costs, reflagging and unequal competition between and within modes and countries. Current rules are too costly and inflexible with respect to staffing. Unequal competition. vessels have to pay different canal fees in when passing the same section depending on the fact whether the port of loading and unloading is in or in the. Undecided legal position between the port operators, the Ministry of Transport and the Waterway administration. Operators think current times (between 7am and 5pm) are too short. Policy of government aimed at improving employment levels. More flexibility and adaptation to new technical possibilities. To a large extent was also caused by 35h week. Policy of the French Finance Ministry. Unequal competition. Policies of governments. Belgium and Unequal competition. General socio-economic policies of countries. National policy and Directives are implemented more strictly. High insurance tax (19%), unfavourable depreciation conditions and insufficient instruments for modernisation and financing purposes. National policy and legislation in. Regulations should be more flexible as regards number and qualification of crew members. Page 2 of 6

3 No standard qualifications / job profiles in the. Limited labour market mobility and higher cost. -wide differing education standards. Area of validity for the boat master s patent is too restrictive and should be extended to additional relations e.g. Elbe. Unkown. countries Distortion of competition by differences in how fast and strict implementation and handling of -wide regulations take place. Unequal/unfair competition. Extreme safety and security regulations within ports. cost increasing, limitation of freedom of personnel. ISPS/ anti terror policies. Waste transports: extreme permission granting procedures in compared to other countries in the. National policy and legislation in. Waste transport: nonuniform handling of given permits within. Lack of transparency in the market and Different policies by regional authorities. A uniform contract law is not available on European level. nontransparancy. CMNI only covers liability, there is a need to harmonise other contractual conditions as well. Rising problems related to available areas within the majority of German inland ports. Lack of incentives and subventions for the IWT sector. Reduced availability. Low level of development of the industry. Local authorities sometimes decide to increase the recreational value of port at the expense of IWT. Priority to other modes of transport, IWT is only a minor mode of transport. No general obligation for the insurance of inland ships/ unfavourable Cumbersome registration of ships. Insurance in other countries () and reflagging. Lack of expertise available at insurance companies and public authorities. Extensive licensing procedure. A uniform contract law is missing at European level. New types of engines that comply with emission norms are not available in time and/ or are very expensive. nontransparancy. CMNI only covers liability, there is a need to harmonise other contractual conditions (e.g. on loading/ unloading) as well. The IWT market as such is too small for engine manufacturers. Old vessels that not comply to shipping rules will be difficult to sell in It will not/ hardly be feasible to fulfil the equipment requirements. EBIS and ISO requirements in tanker shipping are burdensome. Effectiveness is doubted by many parties. Page 3 of 6

4 Phasing out of mono hull tankers by double hull tankers. Lack of harmonisation with regard to manning requirements and working conditions Education period of certain crew e.g. to become a sailor is rather long. Lack of thorough economic and commercial training of entrepreneurs. Use of recognised list of doctors for medical certificates for crew/ not allowing Eastern European doctors to sign certificates. Market prospects tanker shipping in view proposals to reduce the consumption of fossil fuels. Existence next to each other of various types of legal loading and unloading conditions Obligatory cargo documents in transport of non hazardous goods, especially container transport. Lack of harmonization in the transport of waste materials. Non-transparancy of calculation of port dues/ charges. Difficulties in finding suitable rest areas during voyages along the and in inland ports in cities or tourist areas. Differences in implementation of legislation. Lack of harmonisation of Polish ship inspection with inspections elsewhere in the. Exclusion of inland waterways from the responsibilities of the Minster of Transport. Charges and tolling of waterways. Banks demand a high loan security and unfavourable loan Cost increasing, pressure on tariffs by creating overcapacity in tanker market. Safety and environmental concerns with regard to tanker transport. Unfair competition. National legislation. Lack of professional management. Future decrease of revenues, low value of vessels and low market entry. Confusion, legal uncertainty and cost increasing unfair / unequal competition. uncertainty. Safety risks. Unequal / unfair competition. time consuming. No consistent industry development policies. unfair competition between modes. Underinvestment due to high capital costs. National policies and country legislation. Environmental concerns with respect to levels of greenhouse gas emissions. It is a left over of regulated market and questionable whether or not such regulation is still necessary Leftover of the regulated market, now applied again for security reasons. Distinct implementations of EC Directives by MS. Strongly localized (city or port authorities) charging systems. Many of these, in particular in, are disappearing. Problem is in the local infrastructure planning process. Too many degrees of freedom for MS. legislation has not been implemented. Reorganisation/ reallocation of tasks in central government. Polish legislation (Water Act). Lack of knowledge about the industry and insight in markets. and Page 4 of 6

5 Port procedures are unreasonably longwinded and complicated. time consuming Inadequate and outdated regulations. Competencies for IWT are shared by a number of national authorities. time consuming Regionalisation of responsibilities. Complicated and long winded registration procedures for inland vessels. time consuming Unknown. Period of validity of vessel certificates is only 1 year. Cost increasing, operators have to apply for an extension of the certificate every single year. Slovak The taxes for the Black Sea Channel are perceived as being overrated. Any legal entity (based in any country) can register its vessels in Slovakia. unequal/ unfair competition with other modes. Problems with recovery of damages from foreign vessels. lack of a strong lobby or IWT interests in and the fact that the authorities see the dues as an additional source of income. National legislation. Slovak Legal requirement to take out third-party insurances for inland vessels. Uniform contract conditions/ documents is missing at European level. high financial burden for shipping companies. lack of transparency. National legislation. CMNI only covers liability, there is a need to harmonise other contractual conditions (e.g. on loading/ unloading) as well. Slovak Slovak ship papers are not valid in the area. time consuming for Slovak operators. state/ CCNR policies. Loading and unloading in Danube ports requires very much time. time consuming. Inland vessels get insufficient support from the Danube ports: lack of services and restricted opening hours. Danube Belgium and Luxembourg Differences between countries with regard to loading and unloading conditions and outdated low water tariffs. cost increasing Lack of transparency. Differences in national legislation. Relatively high labour costs and legislative ban on temporary employment. Cost increasing Limitation of freedom of personnel. Belgian legislation. Belgium Discrepancy in legislation as tank vessels are obliged to follow ADNR-regulation while landside installations are not obliged to follow ADNR. Cost increasing Inconvenient working conditions Safety risks. No obligation to comply with ADNRtype legislation in the for ports. Loading and unloading of ships is not allowed by other personnel than dock workers. Cost increasing, inconvenient working Belgian legislation. Belgium Page 5 of 6

6 Belgium and Luxembourg Possible introduction of work and rest hours directive for inland vessels and a 38 hours workweek. Cost increasing, inconvenient working Belgian legislation. Belgium Croatia, Serbia and the Ukraine IWT laws are outdated and do not properly cover all aspects of inland navigation (e.g. cargo handling). Conditions at ports as well as the procedure of assigning the status of the term international port Lack of regulation on ports in general. Loss of market share operators Congestion and environmental risk. legislation do not sufficiently take into account modern issues brought up by recent developments within the sector e.g. ADNR/ tanker transport. No control on private activities and monopolistic structures. Croatia and Serbia Serbia Switzerland Access to some ports, notably Basel, is limited and restrictive requirements are put on shipping activities. Port expansion is hindered. Non-transparent port dues along the. IWT = Inland Waterway Transport; ISPS = International Ship and Port Facility Security. time consuming. lack of transparency, resulting in constraints to the recruiting of new business. Amongst other such limitations have come about because of urban development interests and security concerns. Local/ port authority policies. Switzerland Source: European Communities, Final Report for the Study on Administrative and Regulatory s in the Field of Inland Waterway Transport Part A, Zoetermeer, September 2008, pp Page 6 of 6