Tuesday, April 23, 2013
Friday, March 29, 2013
Free Ports / Free Trade Zones(FTZ) / Special Economic Zones(SEZ)
A
Free Port ( or Free Trade Zone or Special Economic Zones ) is a port, a port
area or other area with relaxed jurisdiction with respect to the country of
location. Many international air/sea ports have free ports, though they tend to
be called customs areas, customs zones, or international zones. Earlier in history, some free ports like Hong
Kong enjoyed political autonomy.
The
modern free port is an area of a port separated from the customs area of a
nation by a stockade. Ship may enter such a port , discharge, load and depart
without custom formalities. The goods may be stored, repacked, manufactured and re-exported without customs formalities.
Only when the goods pass the barriers to reach the consuming public of the
country do they undergo customs inspection and pay the necessary duty. A free
port is a “customs out land “ within the political boundary of a country.
In
short Free port is a
fenced, patrolled area, not necessarily include the entire port. It is “Free” and “foreign
territory” in respect to application of customs formalities within its
boundaries. It accepts legally admissible
merchandise and the accompanying transportation media from all nations with the
minimum of customs procedures
A Special Economic Zone (SEZ) is a geographical region that has
economic and other laws that are more free-market-oriented than a country's
national laws. "Nationwide" laws may be suspended inside a special
economic zone. The SEZ includes free trade zones (FTZ), export processing Zones
(EPZ), free Zones (FZ), industrial parks or industrial estates (IE), free ports,
free economic zones, and urban enterprise zones.
Though, India experimented with the concept of
Export Processing Zones (EPZ) from 1965 onwards , it did not work out as
expected. Special Economic Zones are a new feature of Indian economic policy
which provide tax-free enclaves for investors from India and abroad. According
to the Prime Minister of India, Dr. Manmohan Singh, “SEZs are here to stay”.
World’s first known SEZ seems to have been an
industrial park set up in Puerto Rico in 1947 to attract investment from the US
mainland. Many other countries, like China, Iran, Jordan, Poland, Kazakhstan, the
Philippines, Russia etc, have been established SEZs successfully.
The main goal of setting up SEZs is to
providing an internationally competitive and hassle-free environment for EXIM
trade. All the import/export operations of the SEZ units are on a
self-certification basis, no routine customs examinations is required. Besides providing state-of-the-art infrastructure and
access to a large, well-trained and skilled workforce, the SEZ policy also
provides enterprises and developers with a favourable and attractive range of
incentives.
Thursday, February 28, 2013
Looking beyond TAMP.....
Tariff Authority for Major Ports, India - A Critical Review
Introduction:
Ports
are considered of strategic importance to the economic and spatial development
of a country. Ports have
a prominent place in international trade as they provide linkages between
international and domestic production and distribution networks. About 95% of the India’s foreign
trade by volume and 70% by value is transported through sea.
In India,
in the past, the development and provision of infrastructure in the port sector
was largely in the hands of the government.
The liberalisation programme of the 1990s, opened up the sector to
private players , thus shaping the nature of competition that is prevailing
today .
The Indian port sector is clearly in a
phase of transition. The Central Government recently announced a series of
measures to promote foreign investment in the port sector. Meanwhile, new port
sector law proposals are also under discussion. One of such proposals is the draft
Major Ports Regulatory Authority Act, 2008 (MPRAA, 2009) . This Act
expected to create a new Regulatory Authority for Major Ports which can be
considered a successor of the Tariff Authority for the Major Ports (TAMP).
Another recent proposal is the draft Indian Ports (Consolidated) Act,
2010 which is currently being discussed in the port sector.The third
major document under discussion in respect to PPP projects with respect to
Major Ports is the Model Concession Agreement (MCA).
For
a better understanding of today’s discussion – Looking Beyond TAMP, a short
overview is given of the current structure of the Indian port sector.
A glimpse of Indian port sector
India
has 13 Major Ports and approximately 185 Non- Major Ports located in nine Maritime States and UT. With
regard to the performance aspect, currently, Major Ports handle about 60% of
the total cargo traffic, while Non-Major Ports account for 40% of the traffic.
As per the below table it is evident that the share of the Non-Major Ports is
steadily increasing over the years.
All
ports (Major and Non Major Ports) are regulated under the Indian Ports Act,
1908 and it defines the jurisdiction of Central and State Governments over all
ports in the country.
Under
the Major Port Trusts Act, 1963, aMajor port is governed by a Board of Trustees
nominated and controlled by the Central Government .The Trustees have to follow the policy decisions of
the Central Government while their financial powers are limited. Port dues and
port and terminal services’ rates are externally fixed by TAMP. There is a
ceiling for capital expenditures; amounts above such ceiling have to be
approved by the Central Government.
However,
the jurisdiction of the Non-Major Ports are under the maritime states’
Government (Orissa, Andhra Pradesh,
Tamil Nadu, Pondicherry, Kerala, Karnataka, Goa, Maharashtra, Gujarat as well
as Lakshadweep Islands and Andaman and Nicobar Islands).
TAMP as a port regulator
The
introduction of private sector terminal operators in the ports during the 1990s
brought about the possibility of a direct confrontation between the public Port
Trusts and the private operators. In view of this the private sector
representatives demanded a neutral organisation to regulate and control
tariffs. As the Government was afraid of the emergence of private monopolies, the
Major Ports Trust Act, 1963 was amended by Port Laws (Amendment) Act 1997 to
constitute the TAMP. The basic objective
of TAMP was, and still is, regulation of fair competition.
The
Tariff Authority for Major Ports (TAMP) was constituted in April 1997 to
provide for an independent Authority to regulate all tariffs, both vessel
related and cargo related, and rates for lease of properties in respect of
Major Port Trusts and the private operators located therein. The Authority
comprises a Chairperson and two Members appointed by the Central Government.
Presently, the Head Quarters of the Authority is in Mumbai.
Tariff regulation is effected by TAMP according to the
following principles:
- Safeguarding the various port users’ interests- Ensuring fair and just returns to port operators
- Considering factors which encourage competition and operating efficiencies
- Deploy established costing methodologies
- Regard policy objectives of the Government
- Leverage tariffs to improve operational efficiencies
- Ensure a fair and transparent tariff fixation.
TAMP has jurisdiction only over major port
trusts and private terminals therein.
This Authority is empowered not only to notify the rates but also the
conditionalities governing application of the rates. Every notification, declaration, order and
regulation of the Authority made under the MPT Act is published in the Gazette
of India.
The
orders notified by the Authority are final. There is no provision for appeal
against these orders within the system. Aggrieved parties will have to approach
the High Court for Redressal. This Authority, however, undertakes review of
orders, under exceptional circumstances. The Union Government has the power to modify
the Authority's Order or issue 'policy directions' on matters relating to port
pricing.
The
way TAMP operates is changing. With respect to tariff increases of existing
terminals, a cost-plus approach was applied as per 2005 guidelines. New
guidelines (2008) comprise a tariff cap which is set upfront tariff fixation
for all new PPP projects based on capital cost, operating cost & optimum
terminal capacity, prior to inviting bids.
International Regulatory Practices
Maritime countries use a range of regulatory
instruments (including specific stipulations in concession agreements) to
govern the award of concessions and/or leases . The main aim of economic
regulation in the port sector is to control anti-competitive behaviour of port
authorities and terminal operators resulting from imperfect market conditions.
However, the focus of a port regulator may differ from country to country.
Regulation may focus on tariffs, subsidies, access to facilities, investment
levels, bidding requirements, performance targets and so on, depending on the
objectives of the regulator.
In the international port industry,tariff fixing is a typical task of a Port
Authority, respectively a terminal operator.From a business
economics point of view the revenue share is a cost for the terminal operator
and is usually included in its tariffs. If that is not allowed, then the costs
have to be compensated by profit, which is only possible if such profit is not
too restricted.
Most
concession agreements in the international port sector determine royalties on
the basis of a fixed amount per unit (TEU/tonne, etc) for a minimum guaranteed
throughput (fixed royalty) and a gliding downward scale of unit prices for
qualities above this level (variable royalty). The tariffs are revised annually
on the basis of the applicable consumer index or the US$ inflation, if
applicable. Moreover, the operator gets a possessory title on the terminal area
in the form of a lease agreement. The lease rent generally depends on the
investments of concerned parties.
An
overview of Europe port policies
With
respect to the port sector there are similarities in India and Europe - there
are large ports with different institutional and legal structures, located in
different countries/states, competing for the same markets.
The
European Commission never succeeded in regulating the legal form of Port
Authorities of the Member States. Within the Community there exists a wide
diversity of port management structures. The most common model in the EU is the
landlord port model, which is the preferred model by the European
Commission.The most important element of the European ports policy is power
under the European Treaty to ensure fair competition between ports.
A
recent EU publication is the EU Commission Staff working document (Communication
on European Ports Policy – Full impact assessment), of 18 October 2007
which outlines actions to formulate an EU Ports policy with the below
objectives
(a) to ensure that there is sufficient port
capacity available to handle the growth in EU trade
(b) to promote greater
freedom of access for port services providers(c) to promote more flexible employment patterns and social dialogue
(d) to promote fair competition within and between ports
(e) to achieve a better balance between environmental protection and economic growth objectives.
Major findings of the EU Commission
- There is a vast mosaic of port management models across
Europe. Under EU procurement rules there are several factors that have an
impact on whether a Port Authority or a port service provider is regarded as a
public service provider acting in the general public interest or a
commercial entity governed by the rules of the market place. The Commission
concludes (wisely!) that it has no role in to play ‘by establishing a unique
port management model’.
- The wide variety of approaches to port and terminal financing
resulting from the different port management models demonstrate the need to
create a level playing field for cross-border competition. Guidelines on
State Aid to ports and more transparency of port accounts are needed.
- A level playing field among Port Authorities is needed with
respect to access to port land and port services.
- Port & terminal construction projects must comply with
national and European environmental legislation. There is a need for enhancing
environmental management in ports.
- Port labour requirements have been changed as a result from
automatisation and containerisation. A higher level of skills and more flexible
employment patterns are required, in particular with respect to health and
safety, training, freedom to select port workers and negotiate conditions of
employment.
The Commission has continued during recent
years its drive towards further regulating inter and intra port competition.
( SourceRegulation of the Indian Port
Sector, Mr Christiaan Van
Krimpen , report for World Bank, May 2011).
Looking Beyond TAMP
India as an emerging world power should not wait too long to
modernize its port sector in accordance with international best practices and
the requirements of its increasingly modernizing and expanding economy.
Port reform and related changes in the regulatory framework
is a long and difficult process.
Prices can ‘make’ or ‘break’ a port
The pricing strategy of a
port is dependent on the way the port is financed and, ultimately, on the
ownership status of the port. A port or a terminal operator set tariff / prices
in order to achieve certain objectives (strategic pricing) such as profit maximization,
throughput maximization, generation of employment and economic activity,
regional development, minimization of ship time in port and the promotion of
trade. High prices would normally reduce demand for port services, on the other
hand, low port prices may bring clientele to the port but investment costs may not be recovered in the
long-run. The right tariff can lead a port to prosperity and growth and Tariff
setting should be done by the concerned Port Authorities, terminal operators
and marine services providers, respectively.
TAMP
and It’s Ambiguities
A
terminal can attract traffic of a nearby (competitor) port by offering
customized services or by offering price discounts. In the Indian port sector
prices tend to be fairly rigid. TAMP fixes the ceilings therefore major ports
cannot offer customized and value added services. The minor ports are free to
offer differential services to consumers as their prices are not governed by
TAMP. But they fear that if their prices are higher than the major ports, they
will lose their traffic to the major ports. In all, there is little scope for
competition between ports through provision of customized services. Offering
too much price discounts to port users considering huge labour cost involved is
impractical.
Revision
of port tariff is a lengthy process.On receipt of a tariff proposal, it is
registered as a ‘tariff case’. Once a proposal is registered as a tariff case,
consultation process is initiated to promote participation of all the relevant
stake holders. The proposal received from a Major Port or a Private Terminal
Operator is forwarded to the concerned port user associations/major user
organizations for comments. These comments are then sent to the proposer Port
Trust or a Private Terminal operator as feedback information. The proposal is
also internally scrutinized and necessary clarifications/additional information
are obtained from the proposer. As part of the consultative process, joint
hearings are organized either at the Office of the Authority or at the Port
level. On behalf of the Authority, the Chairman generally presides over the
hearings. Based on the totality of information collected, the Authority in its
meeting decides on the proposal. The Orders passed in the meeting are notified
in the Official Gazette of the Government of India. A copy of the notified
Order is sent to the concerned port for implementation and to all other parties
to the proceedings for information.
TAMP 2005 Guidelines – Clauses which Require a Review
Ø Sec
2.4.1 : Cost plus approach of tariff fixation
Ø Sec
2.8.1 :Post July 2003 bidding, revenue share not
considered as admissible cost for tariff fixation but all bidders prior to July
2003 can take revenue share as an admissible cost for tariff computation
Ø Sec
3.1.8 : Tariff fixation for 3 years
Ø Sec
3.2 : Consultative approach of tariff fixation
TAMP 2008 Guidelines – Clauses which Require a Review
Ø Sec
1.3.2 : Continuance
of 2005 guidelines
Ø Normative
method of tariff fixation: Most appropriate method is
followed but other operators who have
entered into a MCA prior to this guideline are severely cramped
Debatable questions:
-
Should a publicly owned and financed port be
allowed to compete on price, for the same customer, with a privately owned port
that has to charge higher prices in an effort to recover its investments?
-
What if these ports are in the same, economically
interdependent, geographic area?
-
Do ports need to recover infrastructure costs
through pricing? And what happens if some do and others don’t while all have to
compete for the same hinterland?
-
Is there
such a thing as ‘efficient port pricing’ and is there scope for policy
intervention to ensure a level playing field?
-
Should there be a newly formed independent sector
regulator for the ports which replaces TAMP?
-
Should TAMP be transformed from a Tariff Regulator
to a Competition Regulator on the basis of a new Port Competition Act
applicable to all commercial ports in the country?
( Cynosure 2013 , Indian Maritime University, Dept.of Maritime Management, Cochin Campus)
Tuesday, February 19, 2013
First container landed in India, at Cochin on 23rd Nov 1973
MV President Tylor at Cochin on 23rd Nov'73 with the first container to be landed in India.
It is to be noted that world's one of the finest transhipment ports, Singapore, also started container handling at the same time.It is pity that, even after 40 years, Cochin could not mark a place in the international maritime map, inspite of having geographical advantages.
It is to be noted that world's one of the finest transhipment ports, Singapore, also started container handling at the same time.It is pity that, even after 40 years, Cochin could not mark a place in the international maritime map, inspite of having geographical advantages.
Tuesday, February 12, 2013
What is Re-Stow Movements ???
Container
stowage is the process of accommodating (placing) a container on a ship in the allotted
slot or cell. Re-stow is the process of temporarily removing a container from
the allotted slot/cell and replacing it. Generally re-stow arise when a vessel
has multiple ports of call and the containers have not been stowed in sequence
with the ports of call. Some containers, therefore has to be removed from the ship
for operational ease
, to discharge containers
from the lower hold or load containers to the lower holds, and then re-stowed for discharging at the
appropriate port of call .
There
are 2 kinds of re-stows (1) Ship – to –
Ship (or Bay to Bay) or (2)Ship – Quay – Ship . In the first kind the container
will be moved from one bay of the ship to another bay temporarily and re-stowed
back once the lower hold operations are completed. Whereas in the second case,
the container gets discharged from the vessel and placed at the quay or the
designated place in the yard and re-stow it once the required operations
(moves) are completed. However, the container does not leave the terminal /port
at which it is temporarily unloaded.
For
re-stows charges are applicable, port / terminal has specific tariff fixed for
re-stows per unit (20’, 40’) basis.
Monday, January 21, 2013
New developments at ICTT, Vallarpadam - Cabotage Relaxation Notification
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| Hinterland Connectivity |
Thursday, January 3, 2013
Management of over capacity - New challenge for liner trade
Maritime transport is the backbone of international
trade and a key engine driving globalization. Around 80% of global trade by
volume and 70% by value is carried by sea. International seaborne trade grow
and fall in tandem with the developments in world economy and global
merchandize trade. As per the latest UNCTAD report, in 2011 the world fleet tonnage
grew at about 10% against the 4% growth rate of global seaborne trade, as the
ship owners continued to take delivery of the vessels ordered prior to the
economic crisis.
In line with above trend , container trade also
decelerated to 7.1% in 2011, down from 12.8% in 2010, whereas the tonnage grew
at 7.7% to make up 12.9% of the world tonnage ( Source: UNCTAD’s Maritime Review Report 2012). As the supply , ie, the
vessel capacity, outstripping the demand, ie, the shipped volume, the freight
rate fell to unprofitable levels for most Liners in 2011 and the beginning of
2012.
As a consequence of the continued oversupply of
tonnage in 2012, the fleet capacity and
freight rates fluctuated so violently that even the high profit making lines
plumbed into heavy losses. The
investment in large capacity ships accelerated competition among liners to the
extent that they were even willing to accept freight rates below or close to
operating cost. According to Drewry Maritime research, container shipping sector
made an estimated collective loss of USD 6 billion in 2011! The financial status
of the container liners were not look so positive in 2012 too, as many lines reported financial losses in the first quarters of 2012 .
1. REGULATE NEW ORDERS TO CHECK ON CAPACITY GROWTH
The world fleet continued
to expand to reach 1,534 million dwt. in January 2012. However the drastic
downturn in new orders due to the world economic crisis has led to a reduction in the world order book by
one third during the 2008 -2012 period. The order book in early 2012 is down to
approximately 21% of the existing fleet tonnage compared to 44% four years
earlier.
According to Clarksons, container ships on order is
3.5 million TEU which is equivalent to 22% of the current fleet. This is still
relatively large but the figure has come down significantly from the year 2008 (1209) to 2011 (602). However, the order book for container ships
actually increased between the period of end 2010 (566) to end 2011(602) as
some of the leading container liners placed new orders for ships above 10,000
TEU in the quest for economies of scale and cost reduction.
Although the major shipbuilders are reluctant to
cancel or postpone deliveries, almost all shipping companies restructured, to
the possible extent, the order book in 2009. Many deliveries were postponed,
cancellations were few.
In this context it is worth to mention Maersk
Line’s chief commercial officer Mr. Lucas
Vos’s words here (Container Shipping & Trade ,August
2012) ,
That also
gave a signal to market that we are happy with the market share that we have.
We are going to defend that, but it is not our ambition now to grow a lot more
than that. I think that if we had ordered that third batch of 10, that would
have given an inconsistent sign because it would have implied growth. Even with
the vessels that will be delivered, we can absorb that extra capacity without
growing our market share.” he said.
3. SLOW
STEAMING FOR CPACITY ABSORBTION AND BUNKER COST SAVINGS
Various degrees of slow steaming have become
standard practice for most container services as a way of controlling
escalating fuel cost at a time when demand has stagnated and deliveries of new
vessels have created surplus capacity. The global containership fleet has been
reducing sailing speed from 24-25 knots to 21 knots (slow steaming), 18 knots
(extra-slow steaming) and to 15-16 knots (super-slow steaming) so that it will
be necessary to deploy more number of vessels to meet the same demand or to
maintain the same frequency. Alphaliner,
Paris based industry analyst, estimated that by December 2011 around 7 million
teus had been absorbed, which otherwise would have been a surplus, through this measure. Slow steaming also
helped the liners to make huge savings on the bunker cost when the
international fuel cost was rocketing up. As per reports , the bunker cost (380
cst) was under USD100/ tonne in July 2009, which had gone up to USD714 by 2012
beginning ! As of now, the main parameter which determines the sailing speed of
a vessel would be the fuel consumption and therefore the operational cost.
Using the slow steaming technique, in 2011, Maersk
Line launched Daily Maersk programme providing customers with a ‘conveyor belt’
service between selected ports in Asia and Northern Europe. This new
product was born out of necessity – to cope with the rising bunker cost and to
soak up the extra capacity due to new vessel deliveries.
4. TEMPORARILY
WITHDRAWING EXISTING TONNAGE FROM THE SERVICE
As per UNCTAD report , in early 2012, about 5% of
the container ships were idle which include 6 ships larger than 10,000 TEU. A
containership which is not participating in a regular service for a period is
said to be idle. Continuing growth in global container capacity coupled with
sluggish volume forced liners to lay up ships to manage capacity. The fuller
the ship, the more likely rates will rise and vice versa.
Lines are taking different approaches to confront
losses. The Malaysian shipping company MISC closed down its container
activities completely in early 2012. Some other liners skipped several
individual sailings and suspended many services as a measure to manage over
capacity.
5. DEMOLISH
OLDER VESSELS TO ALLEVIATE OVERCAPACITY IN THE MARKET
Carriers preferred to demolish vessel rather than
selling it for other owner as the second hand owners would be competing for
same cargo in the market. Also, as the
new vessels are more cost and energy
efficient , many vessel owners found it more profitable to sell older ones for
scrap instead of continue to trade them at a financial loss.
As per Containerisation
International (August,2012), about 62 container vessels with a combined
slots count of just over 1,33,112 TEU had been sold for scrapping in the first
6 months of the 2012. Majority of ships which demolished recently were older
than 25 years of age. General practice is that the container and general cargo
ships are kept in business beyond the age of 30. However, lack of employment
prospects is forcing the owners to sell younger ships for demolition. In May
2012, a 13-year old ship was sold for demolition, making it the youngest vessel
scrapped since the economic crisis in
2008.
Most of the
ship recycling takes place in Asia, India leading with 33%of GT demolished,
followed by China (23.9%), Bangladesh (22.4%) and Pakistan (13%). India is
specialised in scrapping of container and other dry bulk cargo. (Source – UNCTAD , Review of Maritime
Transport, 2012).
6. REGROUPING
OF LINERS FOR CONSOLIDATION AND RESTRUCTURING OF CAPACITY
The investment in large capacity ships accelerated
competitions among the liners . High volume routes, in particular the Asia –
Europe trade route, experience heavy competition as operators place their
biggest ships in these route for economy of scale and more regular services. Furthermore,
with a predicted growth rate of 25% for
the above- 8000 TEU vessels in 2012,large scale capacity will continue to enter
this market segment. ( Source – UNTCTAD’s Review
of Maritime Transport 2012 )
As a result
, shipping lines formed alliances to share costs , optimum utilisation
of capacity and streamline their operations. All major lines have in recent
years increased vessel sharing arrangements with other carriers. Classic
example of this trend is the partnership of world No.2 liner Mediterranean Shipping Co (MSC) and No.3
liner CMA CGM . This partnership cover the Asia –Europe , Asia-Southern Africa
and all South American Services. Both companies are known as strong independent
liners, especially MSC, which grows organically and maintained its family
ownership throughout the crisis period. With this unexpected announcement they literally
stunned the observers!
Similarly the G-6 Alliance formed by merging the
Asia-Europe services between The Grand Alliance (Hapag-Lloyd, NYK and OOCL) and
The New World Alliance ( HMM, APL and MOL) . And Evergreen joined force with the
CKYH (COSCO, “K” Line, YML , Hanjin) Alliance to cope with the increasing
competition. The Chilean carrier CSAV in 2012 increased their share of jointly
operated services from 30 % to more than 90%.
Below table shows westbound vessel capacity of individual line’s as well
as new alliances’ from Asia to Northern Europe as on 01st April 2012.
As per latest UNCTAD report , feeder operators have
also created alliances to better defend themselves against competition from the
larger shipping lines. Several industry experts suggest that such mergers among
shipping lines would be good for carrier profitability. However, these groupings
will make it difficult for the medium to small individual lines with
comparatively smaller vessels to remain afloat and competitive.
AGGRESSIVE
CAPACITY MANAGEMENT PROGRAMME IS THE NEED OF THE HOUR
The global economic and financial slow down along
with continued growth in fleet capacity and sluggish freight volume hit
container trade hard. Financial performance of many liners shown signs of
improvement in 2012 but is still far from satisfactory. As per the trade
experts, significant improvement in demand growth in 2013 is not expected. However,
the supply of new super-generation vessels will continue to exceed demand
growth, even though carriers have taken various measures to control the
capacity growth.
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