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Displaying items by tag: Competition Authority

In the UK, the competition regulator has launched an investigation into a capacity sharing agreement between P&O Ferries and DFDS.

In May, the two ferry operators entered a mutual space charter agreement on the Dover-Calais route in an effort to shorten freight customers’ waiting times.

The agreement was also intended to help improve the flow of traffic on the trade route between the UK and EU.

However, the Competition and Markets Authority (CMA) confirmed on Friday morning that it will now launch a probe into the move.

For more scroll down NorthWalesLive's coverage on the investigation.  

Afloat adds the move by both ferry operators took place in the month prior to newcomer Irish Ferries debut in June onto the competitive premier short-sea link between the UK and France.

The Dublin based operator acquired a second cruise ferry from DFDS and which is scheduled to enter service on the UK-mainland Europe route early next month.

Published in Ferry

#ports – The Competition Authority has today published a study of competition in the ports sector in Ireland which found competition in port services could be improved. The study was commissioned by Minister for Jobs, Enterprise and Innovation, Richard Bruton, TD, as part of the Action Plan for Jobs 2012. The study looks at how competition is working between ports and within individual ports in Ireland.

The key findings of the study are:

The characteristics of the ports sector in Ireland mean that competition between ports is always going to be limited - principally for historical and geographical reasons.

Making sure that competition within a port is working well for each service provided within a port is therefore especially important.

The leasing and licensing arrangements for Lo-Lo (load on-load off) terminal operators in Dublin Port are too long and appear to restrict competition.

The current licensing arrangements for stevedore services in Dublin Port also appear to restrict competition.

More data collection and performance measures are needed for effective oversight of the ports sector.

As an island, Ireland is heavily dependent on its ports. Exports have been Ireland's only net contributor to economic growth in recent years. So ensuring that competition is working as well as it can and increasing Ireland's ability to trade internationally is vital. The Authority has made six recommendations aimed at improving competition in the ports sector.

Recommendation 1 – Leasing and licensing of Dublin Lo-Lo terminals: The way that leasing and licensing of Dublin Lo-Lo terminals is managed should be changed to substantially reduce the duration of the leases (sometimes over 100 years) and to change the way in which licences are automatically renewed.

Recommendation 2 – Stevedore licensing: In Dublin Port, at least two new general stevedore licences should be issued. General stevedore licences should be granted to applicants on a fair, reasonable and non-discriminatory basis, or through a tendering process. General stevedore licences should not be automatically renewable. Ports should not require applicants to demonstrate that they will attract new business to the port. Self handling licences should be granted by Dublin Port Company on a fair, reasonable and non-discriminatory basis. Where stevedore services are provided exclusively by the port directly, this should be clearly justified by the port authorities in question.

Recommendation 3 – Port closure and amalgamation: Policy focus should be on preserving competition and ensuring larger ports are operating efficiently and competing with one another. While port closures may result in lower administrative costs, they are unlikely to enhance competition among ports. The Authority recommends that the Department of Transport, Tourism and Sport should be required to seek the views of the Authority on any proposed port mergers, or that ports with turnovers below the existing merger thresholds should be designated as a class of merger that must be notified to the Competition Authority regardless of whether it meets the merger thresholds.

Recommendation 4 – Management models: The Department of Transport, Tourism and Sport should ensure that effective competition within ports is a key objective for port authorities.

Recommendation 5 – Investment in port-related road and rail infrastructure: It is unlikely that future Government investment in port-related road and rail infrastructure could be justified purely on the grounds of improving competition, and therefore any decision to invest in infrastructure in this context should be carefully considered.

Recommendation 6 – Data collection and performance measures: Data collection and port performance measures are vital in order to analyse the level of competition within the sector and to guide future policy-making. However this study has highlighted a lack of both. The Department of Transport, Tourism and Sport should prioritise the development of performance measures and data collection for the main ports.

Commenting on the report, Minister for Jobs, Enterprise and Innovation, Richard Bruton TD said, "A strong export performance will be crucial to the recovery in the economy and jobs market we are working so hard to achieve. That is why providing better supports and a better environment for exporters is at the centre of our Action Plan for Jobs. As part of this drive, I asked the Competition Authority to carry out a study on how competition in our ports sector can be improved, in order to make it easier and cheaper for our exporters to do business. The report produced today is an excellent piece of work, and Government will study its recommendations in detail and take appropriate action. This will ensure that we continue to improve the environment for exporters and support the growth in jobs and the economy we need".

Minister for Transport, Tourism and Sport, Leo Varadkar TD said, "The Competition Authority report into the ports sector is a thorough report and it complements the National Ports Policy which I published earlier this year. When I was in opposition, I was critical of how reports commissioned by the government of the time were published and then left on a shelf. I am determined to ensure this does not happen under the current Government. My Department will now consider these recommendations in detail and within six months will reply to the Competition Authority with a 'reasoned response' stating in each case whether we accept or reject the individual recommendations and explaining why."

Isolde Goggin, Chairperson of the Competition Authority, said, "This is the first comprehensive study of competition in the Irish ports sector. It should therefore be of benefit to providers and users of ports services and transport policymakers generally. I believe that implementing these recommendations will help to improve competition in the ports sector which plays a hugely important role in contributing to Ireland's competitiveness and economic growth. They will help to improve economic and consumer welfare as Ireland continues its path to economic recovery."

The full report is available to download below as a PDF attachment. 

The Competition Authority is the State body responsible for enforcing Irish and European competition law in Ireland. Our mission is to ensure that markets work well for Irish consumers, business and the economy.

The Competition Authority and the National Consumer Agency are to merge to create a new organisation with a dual mandate to protect consumers and enforce competition law. Both organisations continue to operate and perform their statutory functions until the merger is given effect.

Published in Ports & Shipping
The €40m acquisition of DFDS Seaways by Stena AB through its subsidiary Stena Line (UK) Ltd last December has been approved by the Irish regulatory authority, though its UK counterpart awaits a decision, writes Jehan Ashmore.
The Irish Competition Authority's clearance of the proposed transaction sees Stena Line (UK) Ltd acquire the sole control of vessels, related assets, inventory, employees and contracts relating to passenger and freight ferry services operated by DFDS A/S.

Of the two services, the Belfast-Liverpool (Birkenhead) is for passengers and freight while the and Belfast-Heysham port route is exclusively for freight-only users. To read more about the decision from the authority click here.

In February the UK's Office of Fair Trading (OFT) referred Stena AB's acquisition from DFDS A/S to the Competition Commission, conclusions on the report are not expected to be made until 25 July. To read more about the merger click here.

In the meantime the Belfast-Liverpool (Birkenhead) route continues trading under the name of Stena Line Irish Sea Ferries Ltd which is separately operated to Stena Line's other Irish Sea routes.

Sailings on the 8-hour route are run by the Italian built 27,510 tonnes ro-pax twins Lagan Seaways and Mersey Seaways which have been in service since the newbuilds were launched in 2005.

As the acquisition remains subject to regulatory clearance, passengers intending to travel on the route can continue to make bookings through the DFDS Seaways website by logging onto this link.

In addition the acquisition involved the sale of the South Korean built freight-ferries Hibernia Seaways and Scotia Seaways which operate Belfast-Heysham sailings.

Published in Ferry

Marine Protected Areas (MPAs) - FAQS

Marine protected areas (MPAs) are geographically defined maritime areas where human activities are managed to protect important natural or cultural resources. In addition to conserving marine species and habitats, MPAs can support maritime economic activity and reduce the effects of climate change and ocean acidification.

MPAs can be found across a range of marine habitats, from the open ocean to coastal areas, intertidal zones, bays and estuaries. Marine protected areas are defined areas where human activities are managed to protect important natural or cultural resources.

The world's first MPA is said to have been the Fort Jefferson National Monument in Florida, North America, which covered 18,850 hectares of sea and 35 hectares of coastal land. This location was designated in 1935, but the main drive for MPAs came much later. The current global movement can be traced to the first World Congress on National Parks in 1962, and initiation in 1976 of a process to deliver exclusive rights to sovereign states over waters up to 200 nautical miles out then began to provide new focus

The Rio ‘Earth Summit’ on climate change in 1992 saw a global MPA area target of 10% by the 2010 deadline. When this was not met, an “Aichi target 11” was set requiring 10% coverage by 2020. There has been repeated efforts since then to tighten up MPA requirements.

Marae Moana is a multiple-use marine protected area created on July 13th 2017 by the government of the Cook islands in the south Pacific, north- east of New Zealand. The area extends across over 1.9 million square kilometres. However, In September 2019, Jacqueline Evans, a prominent marine biologist and Goldman environmental award winner who was openly critical of the government's plans for seabed mining, was replaced as director of the park by the Cook Islands prime minister’s office. The move attracted local media criticism, as Evans was responsible for developing the Marae Moana policy and the Marae Moana Act, She had worked on raising funding for the park, expanding policy and regulations and developing a plan that designates permitted areas for industrial activities.

Criteria for identifying and selecting MPAs depends on the overall objective or direction of the programme identified by the coastal state. For example, if the objective is to safeguard ecological habitats, the criteria will emphasise habitat diversity and the unique nature of the particular area.

Permanence of MPAs can vary internationally. Some are established under legislative action or under a different regulatory mechanism to exist permanently into the future. Others are intended to last only a few months or years.

Yes, Ireland has MPA cover in about 2.13 per cent of our waters. Although much of Ireland’s marine environment is regarded as in “generally good condition”, according to an expert group report for Government published in January 2021, it says that biodiversity loss and ecosystem degradation are of “wide concern due to increasing pressures such as overexploitation, habitat loss, pollution, and climate change”.

The Government has set a target of 30 per cent MPA coverage by 2030, and moves are already being made in that direction. However, environmentalists are dubious, pointing out that a previous target of ten per cent by 2020 was not met.

Conservation and sustainable management of the marine environment has been mandated by a number of international agreements and legal obligations, as an expert group report to government has pointed out. There are specific requirements for area-based protection in the EU Marine Strategy Framework Directive (MSFD), the OSPAR Convention, the UN Convention on Biological Diversity and the UN Sustainable Development Goals. 

Yes, the Marine Strategy Framework directive (2008/56/EC) required member states to put measures in place to achieve or maintain good environmental status in their waters by 2020. Under the directive a coherent and representative network of MPAs had to be created by 2016.

Ireland was about halfway up the EU table in designating protected areas under existing habitats and bird directives in a comparison published by the European Commission in 2009. However, the Fair Seas campaign, an environmental coalition formed in 2022, points out that Ireland is “lagging behind “ even our closest neighbours, such as Scotland which has 37 per cent. The Fair Seas campaign wants at least 10 per cent of Irish waters to be designated as “fully protected” by 2025, and “at least” 30 per cent by 2030.

Nearly a quarter of Britain’s territorial waters are covered by MPAs, set up to protect vital ecosystems and species. However, a conservation NGO, Oceana, said that analysis of fishing vessel tracking data published in The Guardian in October 2020 found that more than 97% of British MPAs created to safeguard ocean habitats, are being dredged and bottom trawled. 

There’s the rub. Currently, there is no definition of an MPA in Irish law, and environment protections under the Wildlife Acts only apply to the foreshore.

Current protection in marine areas beyond 12 nautical miles is limited to measures taken under the EU Birds and Habitats Directives or the OSPAR Convention. This means that habitats and species that are not listed in the EU Directives, but which may be locally, nationally or internationally important, cannot currently be afforded the necessary protection

Yes. In late March 2022, Minister for Housing Darragh O’Brien said that the Government had begun developing “stand-alone legislation” to enable identification, designation and management of MPAs to meet Ireland’s national and international commitments.

Yes. Environmental groups are not happy, as they have pointed out that legislation on marine planning took precedence over legislation on MPAs, due to the push to develop offshore renewable energy.

No, but some activities may be banned or restricted. Extraction is the main activity affected as in oil and gas activities; mining; dumping; and bottom trawling

The Government’s expert group report noted that MPA designations are likely to have the greatest influence on the “capture fisheries, marine tourism and aquaculture sectors”. It said research suggests that the net impacts on fisheries could ultimately be either positive or negative and will depend on the type of fishery involved and a wide array of other factors.

The same report noted that marine tourism and recreation sector can substantially benefit from MPA designation. However, it said that the “magnitude of the benefits” will depend to a large extent on the location of the MPA sites within the network and the management measures put in place.

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