European Port Governance The ESPO Fact-Finding Report Patrick Verhoeven ESPO 2011 Conference Four Seasons Hotel - Limassol, 6 May 2011 1 Summary 1. Conceptual background 2. The 2010 Fact-Finding Report 3. Objectives and functions of port authorities 4. Institutional framework of port authorities 5. Financial capability of port authorities 6. Concluding observations 2
1. Conceptual background 3 Hypothetical typology of port authorities Conservator Facilitator Entrepreneur Landlord Regulator Operator Community manager Passive real estate manager Passive application and enforcement Rules set by others Financial revenue on tariff basis Mechanistic concession policy Not actively developed Active real estate broker Mediator in B2B relations Strategic partnerships beyond port perimeter Active application and enforcement Other + own rules Provide assistance in compliance Tariffs + differential charging options to promote sustainability Dynamic concession policy Leader in dissatisfaction Provide public services / specialised services Solve economic bottlenecks Provide public goods Solve conflicting interests Promote positive externalities Active real estate developer Direct commercial B2B negotiations Direct investments beyond port perimeter Idem facilitator Idem facilitator + commercialising expertise and tools outside port Financial revenue on commercial basis Dynamic concession policy Shareholder in private service providers Provide commercial and public services Idem facilitator but more direct commercial involvement Local Local + Regional Local + Regional + Global
Influential governance factors Balance of power with government Legal and statutory framework Financial capability Management culture 2. 2010 Fact-Finding Report 6
Response rate 2010 survey 116 port authorities From 26 countries (22 EU + 4 neighbours) Managing 216 ports Handling 2.770.803.000 tonnes of cargo Which is 66,2% of total volume 26 countries 7 8
Differentiation to region 9 Differentiation to size 10
3. Objectives and functions Objectives and mission Landlord function Regulator function Operator function Community manager function 11 Economic objectives of port authorities 18% Maximisation of handled tonnage 38% Maximisation of added value 24% Maximisation of the profits of the companies active in the port Maximisation of the profit of the port authority Other 15% 5% 12
Governance of port land 80 70 60 50 % 40 30 Unrestricted Restricted Not / Not applicable 20 10 0 Land ownership Ability to sell land Ability to contract land to third parties 13 Use of public selection procedures to contract out port land 28% 32% Always Only for plots of land that are of strategic interest Subject to other conditions 19% Never 21% 14
Clauses generally applied in major contractual arrangements Other Modal split clauses Clauses in case of non-extension Merger and acquisition clauses Renegotiation clauses Minimum investment clauses Clauses allowing unilateral ending Renewal clauses Extension clauses Environmental performance clauses Throughput guarantees 0 10 20 30 40 50 60 70 80 % 15 Strategic partnerships and direct investments with other ports 100% 90% 80% 70% 60% 50% 40% 30% 20% Strategic partnerships National Strategic partnerships International Direct investments National Direct investments International Not applicable 10% 0% Seaports Inland ports Dry ports 16
Regulator function: Harbour Master 57,3 % Harbour Master is fully integrated in the port authority organisation 17 Port authorities issuing own regulations 80 70 60 % 50 40 30 20 Own regulations transposed Own regulations beyond No own regulations 10 0 Safety Security Environment 18
Export of regulatory expertise 6% 71% 12% 11% Yes, on a profit-oriented basis Yes, on a cost recovery basis Yes, on a non-cost recovery basis No 19 Direct provision of operational services Pilotage outside the port area Pilotage inside the port area Towage outside the port area Towage inside the port area Mooring Dredging outside the port area Dredging inside the port area Provision of water Provision of electricity (general) Provision of shore-side electricity Provision of waste reception facilities Cargo handling on board ship Cargo handling ship-shore Cargo handling shore-inland transport Warehousing services Passenger services Road haulage Rail operation Inland barging Port authority Government Private Operator Other Not applicable 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 20
PA providing services outside their own port(s) Pilotage outside the port area Pilotage inside the port area Towage outside the port area Towage inside the port area Mooring Dredging outside the port area Dredging inside the port area Provision of water Provision of electricity (general) Provision of shore-side electricity Provision of waste reception facilities Cargo handling on board ship Cargo handling ship-shore Cargo handling shore-inland Warehousing services Passenger services Road haulage Rail operation Inland barging National International No / Not applicable 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 21 Involvement of PA in actions / initiatives that benefit the entire port community Assist and facilitate port community with implementation of regulations Invest in hinterland networks outside port borders Operate port community IT system (where applicable) Lead overall promotion and marketing of the port Yes No Provide training and educational programmes for the port community Manage and promote cruise traffic (where applicable) 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 22
PA involved in societal integration initiatives Initiatives to attract young people to work in the port Initiatives to make the general public experience and understand the port Initiatives to establish good co-habitation with local communities in and around the port area Leader Participant Not involved Other societal integration initiatives 0% 20% 40% 60% 80% 100% 23 Frequency of contacts with government 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% City Province Region State Not applicable Yearly Quarterly Monthly Weekly 24
4. Institutional framework Ownership of the port authority (Legal) form and status Management Supervisory / governing body 25 Ownership of port authorities 16% 2% 1% 1% 35% 40% State Region Province Municipality Private(industry) Private(logistics) Private(finance) Other 3% 2% 26
Legal form of port authorities 5% 7% 13% The port authority is an administrative department of local, regional or national government. The port authority forms a separate legal entity from local, regional or national government but has no share capital. 35% 40% The port authority forms a separate legal entity from local, regional or national government and has share capital which is owned in part or in full by that government. The port authority is a privately owned corporation. Other 27 National reforms and re-organisations 28
End responsibility for appointing top management executive of the PA 5% 19% 17% Political body (e.g. Parliament, City Council, ) Senior politician (e.g. Minister, Mayor, ) Government administration 22% Supervisory or governing board Private owner 30% 7% Other 29 Average composition of supervisory / governing body, in n of people 14 12 10 8 6 4 2 0 30
Background of the chairman of the supervisory / governing body of the PA Elected politician Representative of government administration (civil servant) 40% 35% Representative of private company active in the port Representative of private company not active in the port Representative of private port community association Representative of port authority employees 0% 11% 14% Representative of other employee organisation Other 0% 0% 1% 31 5. Financial capability Financial responsibilities for capital assets Income and costs Financial autonomy Accounting Taxation 32
Access channels (dredging) Lighthouses, buoys, etc. Radar and other electronic aids to shipping Exterior breakwaters Sea locks giving access to port area Land reclamation for port works Docks, quays, jetties, including back-up land Warehouses, sheds, Other buildings Fixed cranes Mobile cranes Other cargo-handling equipment Railway infrastructure inside port area Road infrastructure inside port area Tunnels and bridges inside port area Canals and navigable waterways inside port area Locks other than sea locks Pipelines inside port area Railway infrastructure outside port area Road infrastructure outside port area Tunnels and bridges outside port area Canals and navigable waterways outside port area Locks other than sea locks outside port area Pipelines outside port area 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Port authority Government Private operator Other Combination Not applicable 33 Average income profile PA 5% 5% Income from general port 16% 49% dues Income from land lease or similar Income from services Public funding 25% Other income 34
Average cost profile PA 3% 11% 10% Purchases Services and other goods 20% 22% Personnel costs Depreciation 34% New provision and write down Other costs 35 Legal nature of port charges (PA) General port dues Land lease or similar charges Technical-nautical service charges Cargo handling service charges Passenger service charges Tax Retribution Price Ancillary / other service charges 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 36
Calculation basis of general port dues General port dues Land lease or similar charges Technical-nautical service charges Cargo handling service charges Public tariff Negotiable Passenger service charges Ancillary / other service charges 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% 37 General port dues rebates, penalties, exemptions and promotions Rebates Penalties Exemptions Promotions Other None 0 10 20 30 40 50 60 70 80 90 100 % 38
Port charges autonomy PA General port dues Land lease or similar charges Technical-nautical service charges Cargo handling service charges Passenger service charges Port authority sets level Port authority collects Port authority benefits Ancillary / other service charges 0 20 40 60 80 100 39 General financial autonomy PA Port authority decides autonomously on new investments in capital assets Port authority sets wages, terms and conditions of service of its own staff Port authority decides autonomously how to allocate annual financial result Port authority does not have to meet certain financial targets 0 10 20 30 40 50 60 70 80 90 100 40
Accounting Port authority maintains separate accounts Port authority accounts are kept to international accounting standards Port authority accounts are audited by an external auditor Port authority publishes annual accounts Yes No Port authority has internal analytical accounting process Port authority has to provide for depreciation 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100% 41 PA subject to taxation Income tax Value-added tax (VAT) Local taxes Other taxes No taxes at all 0 10 20 30 40 50 60 70 80 90 100 42
6. Concluding observations Most European PA converge towards facilitator type Renaissance ambitions PA limited / enabled by diversity in governance frameworks Traditional Hanse, Latin and Anglo-Saxon frameworks explain most of the diversity New regions in between but closer to Latin Most PA are Hanse or Latin: north-south duality Size matters (but not always) Influence EU law and policy 43 Thank you for your attention Patrick Verhoeven Secretary General European Sea Ports Organisation (ESPO) Treurenberg 6 B-1000 Brussel / Bruxelles - Tel + 32 2 736 34 63 Fax + 32 2 736 63 25 Email: pverhoeven@espo.be www.espo.be