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Annual Report 2013

Port Authority

Guide for the reader


and contents
This Annual Report is divided into four parts. In Part 1 we present our Business Plan.
In2013 the Port Authority put a great deal of time and effort into drawing up its Business Plan for the period 20142018. This plan outlines the strategic options for the next
five years together with the role to be played by Antwerp Port Authority. The port stakeholders were closely involved in the process, with the result that the Business Plan that
has now been presented is based on a shared vision within the port community.
In Part 2 we present a review of the main events in 2013, not in the form of an exhaustive list but in the form of a continuous narrative of the most important developments,
together with an explanation of how the Port Authority accomplished its mission in
2013 with and on behalf of the port of Antwerp and the port community.
We conclude in Part 3 and 4 with a number of tables that situate the Port of Antwerp in
the Hamburg - Le Havre range and the rest of the world and with a financial summary.

1
Antwerp Port Authority 5
Business Plan 20142018
New challenges

2
Review of 2013 7
Within the port 8
Supply Chain
8
9
IT and APCS
9
Security
10
Port assets and facilities
11
Commercial policy
12
Environmental policy
The European hinterland from Antwerp 13
Intermodal Solutions
13
13
Rail
14
Barge
14
Pipelines
15
Road
15
Trade Facilitation
People and Society
16
Raising awareness to reduce commuter traffic accidents
16
16
Reorientation and reorganisation
17
Social support
Flanders Port Area 18

Port of Antwerp Year Report 2013

3
Freight figures 19

4
Comments on the annual accounts 23
Income statement 24
Operating income
25
Concessions
Shipping dues and barge dues
Tugging dues
Dock-mounted and floating cranes
Other operating income
Operating charges
Financial result
Extraordinary result

27
28
28

Balance sheet 29
Assets
29
30
Liabilities
Cashflow Statement
31
Other required information 31

Port of Antwerp Year Report 2013

Foreword by
the chairman and the CEO
2013 was an excellent year for the Port of Antwerp. The freight volume rose by 3.7%
to 190.9 million tonnes. The container volume contracted slightly, while liquid bulk
produced excellent figures. This development shows that the substantial strategic investments made by private companies in the past few years are more than paying off, as part
of an internal port reconversion policy. These efforts and investments are helping to boost
the industrial, maritime and logistics activities of the Port of Antwerp.
Last year saw a sharp increase in the number of calls by ULCC vessels (Ultra-Large Container Carriers) of TEU 10,000 or more, in particular units of 13,000 TEU and over. With
the problem-free call by the Mary Maersk (18,000 TEU) the Port of Antwerp once more
confirmed that it can be reached quickly and easily by the largest container ships in the
world. The importance of the deepening of the Scheldt and ease of access to the port cannot be emphasised strongly enough.
When we look back at 2013 a number of trends emerge: continuing rationalisation and
increases in scale, freight rates coming under pressure, recovery in some sectors but an
insufficiently stable trading climate overall, developments in the energy markets ... all factors that will pose a number of challenges in 2014.
The continuing rationalisation and increases in scale in the container trade are not without consequences for port companies and the port community as a whole. They demand
greater flexibility and modified procedures, and perhaps also changes to the ports longterm prospects. For example, major infrastructure projects which can have lead times of
as much as 10 years. In the meantime the restrictive framework of procedures and permits
does not always keep up with the rapid developments in the world economy. In addition
to campaigning for streamlined procedures, the port community therefore faces the challenge of thinking out of the box and reacting more quickly to global developments.
In the meantime, confidence in the economy has not yet been fully restored, and the
expectations for 2014 are not unambiguous. The recovery is still fragile, and we can probably expect only moderate economic growth in the next few years.
A third, equally serious challenge is posed by high energy costs, certainly as far as Europe
is concerned. Energy-intensive industries such as the chemical sector are losing ground
to their Chinese and above all American competitors. Easily available, affordable energy,
security of supply, innovation, energy saving and efficiency on the energy market are
therefore the main challenges facing the industrial complexes, especially those that form
part of the port complex.

Marc Van Peel


Chairman, Port alderman

Port of Antwerp Year Report 2013

Eddy Bruyninckx
CEO

Antwerp Port Authority


Business Plan 20142018

Port Authority

New challenges

n 2014 the Port of Antwerp is well established


as a leading player, both nationally and internationally. It is the mainport for Flanders and
Belgium, the second gateway to Europe, the largest
European chemical hub and the most important
port logistics hub in the Hamburg Le Havre range.
The freight figures for 2013 are convincing. To
consolidate this leading economic platform, we
must seize chances and opportunities with vision
and determination, and deal in like manner with
threats and challenges.
To achieve this, in 2013 Antwerp Port Authority
drew up its 2014-2018 Business Plan, building
further on foundations laid by the Total Plan
for a Competitive Port and the provisions of
the Regional Land Use Plan for development of
the Antwerp port area.

The new Port


House under
construction:
building for the
future.

This in-depth exercise ultimately let to a number


of strategic priorities being defined for the Port Authority over the five coming years. These priorities
can be divided into two groups:

Antwerp Port Authority will pursue targeted comAs part of this business plan the Port Authority has
mercial and operational initiatives enabling port
reconfirmed its mission, namely:
companies to be successful in the market and so to
To assure the largest possible, sustainable added
generate added value.
value of the port area entrusted to us. To this end
There are four area of effort here:
Antwerp Port Authority pursues active roles both
Optimising the supply chain operation, both on
inside and outside the port area.
the seaward and on the landward side, by means of
The core concept remains to assure added value,
IT and trade facilitation among other things;
both economic and social. This demands collabo Creating synergies within the platform;
ration between all stakeholders in the economic
Making efficient use of space and pursuing a flexplatform. The Port Authority therefore consulted
ible concession policy;
these players and shared information with them at
Becoming top-of-mind around the world.
stakeholders meetings, resulting in a clear vision
for the Port of Antwerp platform and the role to In parallel the Port Authority will pursue initiatives
be played in it by Antwerp Port Authority:
to make the platform as a whole stronger, involving
the wide field of stakeholders to generate support,
The trinity of maritime transhipment, industry
both today and in the future.
and logistics must develop further into a highly efFor this purpose the Port Authority will stimulate
ficient platform on which the most sustainable and
the creation of social value by:
efficient European supply chains converge;
Implementing the action plan based on the Re This platform must be world-class in terms of its
gional Land Use Plan;
scale and in terms of the range offered;
Making the platform more sustainable and creat The Port Authoritys role will continue to shift from
ing support for port activities;
being a passive landlord to an active facilitator
Tackling social issues such as mobility, dock
and stimulator. This role shift began several years
labour, talent and energy.
ago and will intensify in future. This means that
Antwerp Port Authority will build bridges with its
customers and all other stakeholders.

Port of Antwerp Year Report 2013

Review of 2013

Port Authority

Within the port

Vessels of 18,000
TEU such as the
Mary Maersk are
able to call at
Antwerp without
problem.

evelopments in the port world are a


reflection of economic, financial and
social developments, both national and
international. Ports are the first places where
negative effects are felt, but when the economy
starts to recover they are the first to feel the effects
in the form of rising freight volumes. Reacting
quickly to world developments, thinking ahead
and developing a long-term vision are essential for
any port authority.
The most significant development in the shipping
world in 2013 was the introduction of the P3
network, with the three largest container shipping
companies Maersk Line, MSC and CMA CGM forming a long-term alliance on the eastern and western trading routes. As part of this centralisation
operation Antwerp was chosen as an important
port of call on a number of routes. On the transAtlantic route Antwerp maintains its status quo.
On the Far East trade route the port gains a fourth
call, out of the eight that remain. For one of the
services Antwerp is the first port of call.
These strategic choices underline the nautical
accessibility of Antwerp and the advantages offered
by the port. The accessibility and other advantages
were demonstrated yet again in 2013 with 198 calls
by units of 10,000 TEU and up, including the Mary
Maersk.
MSC, the N 2 in the world, an important player in
the P3 network and the largest container customer
for the port of Antwerp, decided at the end of last
year to further expand its activities in Antwerp.
Because this Swiss-based shipping company does
not have any more room to expand in the Delwaide
dock, which in any case cannot handle the everlarger ships that are being introduced, the company
submitted an official request to move its activities
to the Deurganck dock. In order to preserve the
principle of equal treatment the Port Authority
approached the port's other customers, in order to
find out whether there were any proposals for similar projects that might clash with the move by MSC.
However, none was found and so MSC was given the
go-ahead.

Smooth, secure,
cost-efficient and
customer-oriented
planning.

Supply Chain
A fast, smooth supply chain demands efficiency,
vision and investment. It also demands smooth
operation of the nautical chain: all the links in the
chain must work smoothly together, with all the
procedures being constantly monitored. The Shipping Traffic Management service is responsible for
smooth, safe, cost-efficient and customer-oriented
planning, monitoring and control of the flow of
shipping traffic to and from the port and inside it,
while at the same time taking maximum care of
the environment. With shipping traffic becoming
denser and the ships themselves becoming ever
larger, it is extremely important for all internal and
external partners in the chain (on the river and out
at sea) to collaborate closely. The Central Reporting Point offers a direct line for customers to make
complaints and offer remarks. The fact that even
the very largest ships are able to call smoothly at
the port shows that good operational collaboration
pays off.
As a Port Authority we seek to position the port as a
partner in the global supply chain. As part of this effort Antwerp Port Authority last year organised the
first Belgian Shippers Summit. This very successful
seminar focused on the possibilities and advantages

Port of Antwerp Year Report 2013

Security

All changes can


be made in real
time through the
APICS desk.

Security is a constant concern. In addition to security at sea there are various forms of security within
the port itself. Various practical initiatives were taken to combat crime, with the emphasis on prevention. Antwerp Port Authority developed a Serious
Game in which port users are able to learn in an
innovative way how they themselves can contribute
to raising the level of security in the port. Thegame
can be downloaded from www.portofantwerp.com
and is also available as an app.

Thomas Vanhaute

of the port of Antwerp: reliability, efficiency, highquality sustainable service and a strong can do
mentality.
Some factors lie in the hands of the Port Authority,
but other areas (e.g. transport) are not fully within
its control and so it cannot offer a full solution.
What we can do as a Port Authority is to act as an
intermediary, bringing the various players together
so as to arrive at a joint solution. The departments
responsible for intermodalism and hinterland
transport, investment policy, trade facilitation and
Antwerp Port Community System (APCS) are working on these subjects. In the past few years Antwerp
Port Authority has concentrated more on markets
to the East, first and foremost our direct neighbour
Germany.

In the same spirit steps were taken to set up a Port


of Antwerp Local Information Network, in which
port users undertake to share information about
suspicious matters. The information is reported to
the police authorities, which then pass it on to network members as appropriate. The system currently
has 450 members within the port.
International ports such as Antwerp are increasingly also confronted with cybercrime and computer
hacking. The Port of Antwerp has set up a special
cyber security taskforce to deal with this problem.

Port of Antwerp
Local Information
Network.

IT and APCS
IT systems and applications are important to
support the operation of the chain. Antwerp Port
Authority constantly invests in expanding these
systems, not only for its own internal use but also
for the port as a whole and even beyond. APICS2, the
latest version of the port information system, was
released last year, so that the APICS desk now meets
the requirement of chain operation even better.
Allchanges entered by the partners in the course
of a sea voyage are immediately visible in the APICS
desk.
As part of International Safety Management (ISM)
by the IMO (International Maritime Organization) a
safety quality system has been introduced for all the
Port Authoritys own vessels. The aim is to raise the
level of safety while protecting the environment.
In a further development, electronic release of containers by means of an e-desk found general acceptance last year. The system now has 2,500 users from
975 companies (up 60% compared with 2012) in
12countries, corresponding to 200,000 MRNs (Movement Reference Numbers) per month, an increase
of 50%. Inspired by this success the system has been
extended to export and transit of ro/ro goods.

Port of Antwerp Year Report 2013

The new lock


being built for
the Deurganck
dock: work is
going ahead on
schedule for this
major structure
of strategic
importance.

Port assets and facilities


Antwerp Port Authority manages some 3,750
hectares of port sites and quays. It works actively
to create an ideal port environment and is in daily
contact with private entrepreneurs. The Port Authority facilitates opportunities in the form of utilities, pipelines, inland terminals and rail and barge
products. It is currently building a large onshore
wind farm, and is studying the possibility of building an innovative biomass power station.
The Port Authority seeks to actively manage and
invest so as to create opportunities.
One of the main construction projects is the Deurganck dock lock, the biggest in the world. This lock
is of crucial importance to secure the accessibility
of the port area on the left bank for seagoing ships.
As such the lock forms part of the strategic plan
for development of the port and is one of the key
projects with which Flanders seeks to expand its
logistics role. The project is on schedule, and work
has now begun on construction of the ancillary
buildings. The lock is due to enter operation in the
spring of 2016.

Port of Antwerp Year Report 2013

The Regional Land Use Plan, which among other


things defines the boundaries of the port on the
right and left banks of the Scheldt, received finally
approval in spring 2013. The Port Authority was
very pleased with this decision as it opens up possibilities for a number of major investment projects.
These include among others the further development of the Schijns and Waasland logistics parks,
the construction of a holding dock for barges,
construction of part of the wind farm on the left
bank and investments by companies such as Total,
Vopak, AET, ITC Rubis etc. However, a number of
objections against this decision by the Flemish
government were lodged with the Council of State.
The latter decided in autumn 2013 to temporarily
suspend part of the Regional Land Use Plan (namely
a number of planning areas in the municipalities
of Beveren and Sint-Gillis-Waas). Antwerp Port
Authority has taken cognisance of this provisional
judgement, and assumes that the Flemish government will come to appropriate decisions in the
near future.
Keeping the ports basic infrastructure up to date is
an ongoing process. Work in 2013 included maintenance and/or renovation of bridges and locks (the
Nordkasteel bridges), quay facilities (such as the
First Mooring Dock and Canal Dock B2), maintenance and resurfacing of roadways for which the
Port Authority is responsible, ground management
(e.g. in the North Sea terminal), construction of the
new Port House, etc.

10

Commercial policy
The Port of Antwerp prides itself on having a
customised application for every product. Thisapproach is the result of collaboration, expertise,
sharing of know-how and above all a customeroriented, getting things done mentality. Theapproach, which has been confirmed by numerous
customer surveys, formed the basis for the new international branding campaign that was launched
in October 2013 and is now the main theme of the
port's marketing communication. The ports can
do mentality is encapsulated in the slogan Everything is possible at the port of Antwerp.
The campaign is based on 30 or so case studies that
illustrate the range of services offered by the port,
in a promotional campaign that will run until the
end of 2014. In the meantime the Port of Antwerp
has raised its profile on the social media.
In a further initiative the Port of Antwerp Connectivity Platform was set up to give customers an easy
way of learning about the maritime and intermodal
solutions offered by the port. This user-friendly
platform presents details of the transport services
offered, including lists of departures and arrivals by
seagoing ships. An interactive map enables users to
look up container terminals in the port on the basis
of various criteria, with full information on services
and contact details. The platform also includes an
Princess Astrid of
Belgium officially
launches India
Nation during
the trade
mission.

online search engine for intermodal connections


between the port of Antwerp and the European
hinterland. One unique feature is the transparent
overview of inland terminals and the operators
that can reach them most easily. Useful information shown for each terminal includes timetables,
services, contact details etc. This clear view of the
intermodal facilities offered by the port leads to
greater efficiency. So far 185 container terminals
in 15 European countries have joined the platform,
making it a very useful tool. The ambition is to further expand the platform in the next few years.
connectivityplatform@portofantwerp.com
Antwerp Port Authority participates in trade
exhibitions around the world, as well as organising
numerous trade missions to strategic countries.
In a few key countries it also has its own permanent representatives. In September last year Marc
Delbeke was appointed as contact person for French
companies, organisations and logistics partners
who send their goods through Antwerp.
www.portofantwerp.com/en/international-port
This international collaboration has further led
to numerous Memoranda of Understanding being
signed with other ports or countries including Montreal, Nagoya, Rosmoport, Panama, Singapore and
India. On the occasion of the royal trade mission to
India, the India Nation digital platform was inaugurated by Princess Astrid of Belgium to promote
contacts between India and Antwerp.
The Port of Antwerp additionally has wide-ranging
collaboration arrangements through the agency of
Port of Antwerp International (PAI). This sister company provides consultancy and collaboration for
port development planning in strategic countries.
APEC Antwerp/Flanders Port Training Centre for
its part has played a fundamental role in transferring port management know-how to other parts
of the world ever since 1978. In 2013 it welcomed
781trainees from 61 different countries.

APEC ceremony:
sharing
know-how and
expertise with
trainees from all
over the world.

Port of Antwerp Year Report 2013

11

As part of making the maritime side of the port


more sustainable, the Port Authority entered into
a strategic alliance with the Exmar shipping company to develop an LNG bunker ship and to carry
out the necessary engineering studies in the port.
The aim of this collaboration is to promote the use
of LNG (Liquefied Natural Gas) as a ships fuel, seen
as necessary to meet the stricter emission regulations that will come into force in 2015. However,
it remains a challenge for ports to store LNG and
make it available in a safe manner.
The International Association of Ports and Harbours (IAPH) has therefore set up a new workgroup
as part of the World Ports Climate Initiative (WPCI)
to study problems associated with the use of LNG
as a ships fuel. At the request of IAPH Antwerp has
assumed the role of Lead Port and is heading the
workgroup.
Barge transport too is included in the plans for
LNG bunkering. Antwerp Port Authority along with
Rotterdam and a number of ports on the Rhine
and Danube has received a subsidy to set up an
LNG bunkering station for barges. This project, the
Rhine-Main-Danube LNG Master Plan, is due to be
completed by the end of 2015.

LNG for barges: the


ships fuel of the
future.

Environmental policy
The second Sustainability Report of the Port of
Antwerp was published in October 2013 by Antwerp Port Authority in collaboration with VOKA
(Chamber of Commerce), Alfaport and the Left Bank
Development Corporation.
With this report, which is published every two
years, the port community including public and
private partners seeks to take stock of the port's sustainability policy, propose action where necessary
and list new points for attention.

Other aspects of sustainability require more stringent controls and special measures. For instance,
inspections of consignments of second-hand cars
were stepped up in 2013, as these are often used
as a way of sneaking out waste and other forbidden materials. After six months the volume of
secondary cargo shipped along with second-hand
vehicles was reduced by 17%. The Port Authority
is determined to stamp out the practice of using
second-hand cars as containers for waste, sometimes illegal waste.

The second report, which can be found at


www.sustainableportofantwerp.com/en, focuses
on Planet, People and Prosperity. The latter term,
Prosperity, replaces the Profit of the previous
report, as it is felt that this corresponds better to
the objectives of the port; social as well as economic
gains are an essential part of what we are trying to
achieve.
In a further initiative a special Sustainability
guide has been developed for companies. Thisdigital platform brings together all the information
that can be useful for individual companies in
drawing up their own sustainability report.

Port of Antwerp Year Report 2013

12

The European hinterland


from Antwerp

he ports central location near the large


centres of production and consumption
in Europe makes it strategically important. Shippers who opt for Antwerp are able to
bring their goods very close to the end customer.
But while quick connections are very important,
reliability and efficiency play an equally large
role in the range of logistics services. Antwerp
is served by an extensive road and rail network,
is centrally located in the European network of
inland waterways, and is connected to the main
pipelines of northern Europe. Large investments
are being made in various projects aimed at making hinterland transport and transport within the
port itself even more efficient.

Intermodal Solutions
With Port of Antwerp Intermodal Solutions,
Antwerp Port Authority seeks to offer practical solutions to further improve connections with the hinterland. This desk is the first point of contact and
coordination for developing all sorts of initiatives,
ranging from accessing new target regions for the
port to improving the modal split (i.e. the relative
volumes of freight carried by different modes, with
the aim of shifting freight from road transport to
more sustainable modes such as barge and rail).
In addition the Intermodal Solutions unit can
make financial and technical resources available
to facilitate interesting intermodal projects that fit
into the strategy of the port community, so as to
develop tailor-made solutions. At the moment, for
instance, the unit is working to develop improved
rail connections with Duisburg (Germany) and
Vienna (Austria). Further, the terminals on the left
bank will soon have better access to other maritime
container terminals. In the meantime the unit is
looking at ways of giving better intermodal access
to terminals in South-East Netherlands. Finally,
Intermodal Solutions helped to set up the Port of
Antwerp Connectivity platform that was introduced last October.

Port of Antwerp Year Report 2013

Many terminals
have intermodal
connections with
the hinterland.

Rail
Various future-oriented decisions for rail transport
were taken in 2013. The federal subsidies for
combined transport came to an end in June, and as
a result so did the Narcon distribution system for
maritime containers via the Antwerp Main Hub.
Antwerp Port Authority in collaboration with the
rail operators involved IFB, TCAthus, Delcatrans
and Duisport therefore designed an alternative
distribution system. The rail operators were encouraged to bring their container trains right up to
the deepsea quay, with the remaining containers
for other quays then being further distributed by
the ports internal barge shuttle system. The direct
trains offer significant time and cost advantages,
and rail container transport to and from the port is
now organised in a sustainable way.
As regards the challenges of continuity and quality of service facing distributed rail transport (i.e.
transport of individual wagonloads between different companies inside and outside the port) the
Port Authority board of directors decided to set up
a new company, Railport Antwerpen NV. Formed
in partnership with essenscia (Belgian federation
of chemical industries and life sciences), VOKA
(Antwerp-Waasland Chamber of Commerce)- Alfaport (representing private companies in the port),
the new company will coordinate all the initiatives and studies. Initially it will examine various
options ranging from a purely coordinating role to
acting as a fully developed rail company.

13

Antwerp and the


barge industry:
strategic partners.

Pipelines: safe,
environmentfriendly and
collaborative.

Barge
Antwerp and barge transport are strongly linked.
This mode of transport has an important role to
play in the further development of the port as
it offers many advantages especially in terms of
sustainability, being congestion-free, safe and
environment-friendly.
A Barge Transport Master Plan was drawn up
several years ago in consultation with all the parties involved and has been regularly updated since
then. As regards barge facilities the onshore power
supply for barges lying at berth in the port was
upgraded in 2013, and the new Lillo Park service
centre was opened. In the meantime the holding
points for barges are an area of concern that is being worked on with all the parties involved.
Outside the boundaries of the port, the Port Authority is campaigning for the waterway operators to
improve their infrastructure, e.g. by raising the
height of the bridges on the Albert canal.
Good service demands innovation solutions and
support. One project that was completed last year
is the BTS3, the new Barge Traffic System which
provides a central control and reporting point for
container barges. In combination with port-wide coordination and scheduling of barge movements this
system is able to reduce transit times for container
barges by up to 25%. In collaboration with the maritime container terminals the Port Authority carried
out a second series of trials of joint scheduling
operations. The results were positive, and further
developments are being rolled out.
Accompanying measures such as reducing emissions, developing a new system of paying for
onshore power and the possibility of granting a reduction in port fees for LNG-powered barges are all
being looked at or are actually being implemented
in close consultation with the various stakeholders.

Port of Antwerp Year Report 2013

Pipelines
The pipeline network in the Port of Antwerp and its
connections to the large national and international
networks are of crucial importance for the ports
chemical cluster, one of the largest in the world.
This form of transport has the further advantage
of being safe and environment-friendly. The importance of these pipelines reaches far beyond the
port itself. Antwerp and Rotterdam are jointly examining the possibilities of upgrading the pipeline
connections between the two ports. One route has
already been mapped out, while a second to reserve
a pipeline strip between Antwerp and Geelen in the
southern Netherlands is in course of preparation.

14

Freight transport
remains an
important
component of
the supply chain.

Trade Facilitation
Antwerp Port Authority takes a consistent approach
to trade facilitation, based on an integrated vision
that reaches from foreland to hinterland. Consultation mechanisms have been set up with the regulatory authorities, trade associations, special interest
organisations and private companies covering all
sectors of the economy.

Road
The problem of road transport goes beyond the
port of Antwerp. Indeed a traffic census by the Port
Authority shows that only 4.6% of traffic on the Antwerp ringroad is port-related. Nonetheless, truck
transport is an essential part of the supply chain
in order to ensure smooth connections with the
hinterland.
Antwerp Port Authority considers additional
infrastructure to be a must in order to improve
access to the port. The Oosterweel connection is an
important factor in this. However, the Port Authority urges a phased approach in which construction
of the A102 (Merksem-Wommelgem) and the KalloHaasdonk connection (E17-Liefkenshoek tunnel)
can create added value in the shorter term and
have a mitigating effect while the Oosterweel link
is under construction.
The toll on traffic passing through the Liefkenshoek
tunnel leads to the tunnel being under-used and
creates an uneven playing field between the left
and right banks of the river. Antwerp Port Authority therefore argues that the government should
take advantage of the introduction of road pricing
for trucks to abolish the toll on the Liefkenshoek
tunnel. Further, it is of fundamental importance
for the income from road pricing to be reinvested
in infrastructure for the region where that income
is generated. The Port Authority is also convinced
that better access to the tunnel will lead to less
congestion on the R1.

Port of Antwerp Year Report 2013

Last year Antwerp Port Authority in collaboration with VOKA (Antwerp-Waasland Chamber of
Commerce), ASV (Antwerp Shipping Association)
and VEA (Association for Forwarding, Logistics and
Freight Interests in Antwerp) set up a dialogue with
the federal government and the Customs department. This led to a Customs policy plan being
drawn up to review Customs legislation and map
out a path for developing new procedures.
The system of 24/7 Customs operations was extended, and surcharges for services outside normal
office hours have now been almost completely
abolished. In the meantime arrangements have
been made for implementing the new Customs
legislation which has already been approved by
the Cabinet. There has also been collaboration on
proactive implementation of the new possibilities
afforded by European legislation. Examples include
the permit for an Extended gate that enables
goods to continue on to their final destination
without being held up.
The most challenging project, however, is the introduction of coordinated border control. The two
main elements of this are the Single window and
the One-stop-shop. With the Single window, declarations will in future be submitted only once, in
electronic form, which will permit administrative
simplification across the board. The One-stop-shop
for its part involves close collaboration between all
the inspecting bodies, so that all the border inspections can be carried out in a single operation.

Close collaboration
between inspection
bodies.

15

People and Society


Reorientation and reorganisation

Safe travel
between home
and work: a major
concern for all port
companies.

The management committee decided in 2013 to


reorganise the Port Authoritys Crane and Dredging departments. After a cost/benefit analysis it
was decided to retire the floating cranes Portunus
and Titan by 1 April 2014. This reorganisation was
carried out without forced redundancies, with the
employees being transferred to other departments
within the Port Authority.

Raising awareness to reduce


commuter traffic accidents
Extensive efforts were made over the past year to
make travel between home and work safer, a concern which is shared by all companies in the port.
The main emphasis was on bicycle traffic, as a survey of more than 100 companies in the port (27,000
employees) showed that in terms of the number
of accidents per kilometre travelled, two-wheelers
(bicycle, moped and motorcycle) are the most
dangerous form of transport.
A declaration of intent was signed by some of the
leading players in the port, including Antwerp
Port Authority together with heavyweights such
as VOKA (Antwerp-Waasland Chamber of Commerce), Alfaport (association of private companies), VIBNA (association of industrial companies
in North Antwerp), BASF Antwerp, VSV (Flemish
traffic study institute), BIVV (Belgian institute for
road safety), the Province of Antwerp and the City
of Antwerp.

The reorganisation of the Dredging department is


the direct result of agreements made between the
Flemish Region and the Port Authority. In future,
maintenance and new channel dredging in the
sea access will be carried out by or on behalf of the
Flemish Region. The activities of the Dredging department will be reviewed against the background
of keeping the port competitive. Here too there will
be no forced redundancies, with employees being
able to transfer internally.

Titan and
Portunus:
reorganisation
had become
necessary.

The initiatives that began in 2013 will be continued


in 2014. Among other things a special cycling map
for transport between home and work is being
produced with special attention being paid to lock
and bridge complexes, and companies will be given
the opportunity to set up traffic safety courses.
Antwerp Port Authority has assumed responsibility
for general coordination of the Action Programme
for Safe Travel between Home and Work in the
Antwerp area.

Port of Antwerp Year Report 2013

16

150 years
of freedom of
navigation on
the Scheldt:
the theme of the
anniversary year.

Social support
The port is an important player in the social fabric
of the city and the region. Not only does it generate
a huge amount of added value (18.9 billion euros, according to the National Bank of Belgium in 2013), it
only provides employment directly for 60,000 people
in the port and another 85,000 indirectly. Theport is
also a partner in social activities. ThePort Authority
is acutely aware of its social responsibilities, and
understands that it can only grow and flourish if it
has general support among society.
The Antwerp port community as a whole was
therefore particularly pleased when Antwerp Port
Authority won the 2013 ESPO Award for Societal
Integration of Ports, presented by the European
Seaports Organisation representing port authorities
in the EU countries and Norway.
Antwerp Port Authority meets its social responsibilities in a number of ways. For instance, each
year a large sponsoring budget is made available to
support cultural, social and sporting projects in the
wider region.
The MAS Port Pavilion that was opened a few years
ago acts as a visitor centre for the port. Last year
free bus tours of the port were organised once
more, starting at the Pavilion. They enjoyed even
greater success: not only were there more buses
(115, or 45 more than in 2012) but also additional
attention was paid to families with children, with
a number of buses being reserved for them on
Wednesdays and Saturdays.
In 2013 Antwerp celebrated the 150th anniversary
of the Freedom of the Scheldt, to mark the abolition of the toll on river traffic formerly imposed by
the Netherlands. There was a whole year of festivities emphasising the importance of ease of access to
the port and freedom of navigation on the Scheldt,
with exhibitions, seminars, guided walks and a
magnificent final spectacle.

Port of Antwerp Year Report 2013

The 2013 Flemish Ports Day was once again fully devoted to the new lock being built for the Deurganck
lock on the left bank of the Scheldt. Visitors were
given explanations about the construction project
and its importance for the port, and were able to
take a guided walk around what will be largest
lock in the world once it is completed. There was
massive interest, with no fewer than 15,000 people
visiting the construction site.
One new initiative was the introduction of a Port
Newsletter (three editions in 2013, with four
planned in 2014). This is published as a quarterly
supplement to the Gazet van Antwerpen daily
newspaper and is also available in the MAS Port
Pavilion. It was additionally distributed at the
various festivities and events during the past year.
Thenewsletter provides information about the port
in a fresh, entertaining way.
Social commitment is not limited to local residents;
particular attention is also paid to seafarers calling
at the port. Together with the City of Antwerp and
a number of other partners the Port Authority
invested in a new seafarers hostel. TheAntwerp
Harbour Hotel offers comfortable, low-cost accommodation. True to tradition the Port Authority offers free bus transport to and from the city centre,
and there are also sports facilities available.

17

Flanders Port Area


The Port of Antwerp is an enthusiastic participant
in the Flanders Port Area project. New impetus
was given to this project with the signature of a
collaboration agreement by Hilde Crevits (Flemish
minister of Transport & Public Works), the four
Flemish seaports and the Flemish Ports Association. The various partners involved will collaborate
on 30 or so action points to raise the international
competitiveness of the Flemish ports.
As a partner of Flanders Port Area, Antwerp Port
Authority has included a number of these action
points in its strategic priorities. Flanders Port
Area will build on the strengths and particular
characteristics of each port, and the actions will
maintain the correct perspective and relief: the
project must not compromise Antwerps position
as mainport or largest port, but on the contrary
it must make maximum use of the international
branding that Antwerp has already built up over
the years.

Port of Antwerp Year Report 2013

18

Freight figures

Port Authority

CONTAINER FREIGHT (TONNES): MARKET SHARE IN THE RANGE


Antwerp Rotterdam Hamburg Bremen Zeebrugge Le Havre

40%
35%
30%
25%
20%
15%
10%
5%
0%
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

CONTAINER FREIGHT (TEU): MARKET SHARE IN THE RANGE


Antwerp Rotterdam Hamburg Bremen Zeebrugge Le Havre

40%
35%
30%
25%
20%
15%
10%
5%
0%
1995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 2007 2008 2009 2010 2011 2012 2013

Port of Antwerp Year Report 2013

20

SHIPPING FREIGHT VOLUME


Unloading Loading Total
(million tonnes)
250

200

150

100

50

0
2000

2001

2002

2003

2004

2005

2006

2007

2008

2009

2010

2011

2012

2013

2005

2006

2007

2008

2009

2010

2011

2012

2013

CONTAINER HANDLING VOLUME


Unloading Loading Total
(million TEU)

9
8
7
6
5
4
3
2
1
0
2000

2001

2002

2003

Port of Antwerp Year Report 2013

2004

21

Port of Antwerp Year Report 2013


Port Klang

Houston

Ulsan

Jingtang

Zhanjiang

Dampier

Gwangyang

Shenzhen

Huzhou

Tangshan

Antwerp

Nanjing (Nanking)

Rizhao

Tianjin

Port Hedland

Qingdao

Ningbo Zhoushan

Shanghai

Singapore

Rotterdam

RANKING ACCORDING TO TOTAL


MARITIME FREIGHT VOLUME

(tonnes)

450

400

350

300

250

200

150

100

50

22

Comments on
the annual accounts

Port Authority

Income statement
The Port Authoritys Income Statement is summarised in the table below.

FINANCIAL YEAR 2013

FINANCIAL YEAR 2012

FINANCIAL YEAR 2011

Operating income

335,641

331,102

314,177

Operating charges

(300,088)

(243,058)

(517,760)

Operating result

35,553

88,045

(203,583)

Financial income

19,107

24,042

15,942

Financial charges

(2,054)

(1,258)

(1,747)

Result on ordinary activities

52,605

110,829

(189,388)

Extraordinary income

3,657

28,985

19,187

Extraordinary charges

(1,219)

(408)

154

Result before taxes

55,043

139,406

(170,047)

(346)

(436)

(208)

54,696

138,969

(170,256)

Taxes
Result for the financial year
(in euro x1000)

In 2013 the Port Authority made a profit of 54.7 million euros. The main elements of this result are as follows:
The port fees were raised generally by 1.8% in 2013 compared with 2012, which
together with the higher volume of freight had a positive effect on the turnover. The total operating income rose only slightly, however, since 15.7 million
euros was raised in 2012 from tonnage dues and a number of concession holders were included in the turnover. In 2013 tonnage dues made an estimated
contribution of 0.7 million euros to the turnover.
The operating charges have risen overall due to an increase in the provisions
for environmental risks and pensions. In total an amount of 43.4 million euros
was set aside as provisions in 2013, compared with 5.8 million in 2012. Theparticularly large amount of operating charges in 2011 is due to new legislation
introduced in that year requiring a provision of 299 million euros to be set
aside for pension obligations (the responsibilisation contribution).
In contrast to previous years, there was no significant extraordinary result
in 2013. In 2012 a further adjustment of 22.2 million euros was made to the
initial provision that was set aside for the responsibilisation contribution and
in 2011 there was a large capital gain on the disposal of fixed assets due to the
distribution network activity being sold off.

Port of Antwerp Year Report 2013

24

Operating income
As a component of the operating income, the breakdown of the turnover
(275.4 million euros) among the various Port Authority services is as follows:

TURNOVER BREAKDOWN

Dock-mounted cranes 2%

Floating cranes 1%

Tugging dues 15%


Barge dues 3%
Concessions 42%

Shipping dues 37%

The variation in the different income categories over the past three years is
asfollows:

TURNOVER VARIATION
2013 2012 2011

140.000
120.000
100.000
80.000
60.000
40.000
20.000
0
(in euro x 1000)

Concessions

Shipping dues

Port of Antwerp Year Report 2013

Barge dues

Tugging dues

Dock-mounted
cranes

Floating cranes

Other

25

Concessions
Income from concessions (excluding tonnage dues) has risen by 1.2%. Thisincrease is mainly due to the 1.8% rise in concession fees, although just as in previous years there is a limited additional effect due to small changes in the area
of sites, together with the net effect of some concession sites being suspended
as a result of investments and other such suspensions coming to an end.
Sincea number of concession holders failed to attain the cargo volumes laid
down in their concession agreement, the Port Authority charged tonnage obligations amounting to 15.7 million euros in 2012. Of this amount, 2.1million
euros relates to financial year 2012 while 13.6 million euros relates to financial
years 2009 to 2011 inclusive. An amount of 13.5 million euros was levied on
the terminals in the Deurganck dock for the years 2009 to 2012 inclusive.
Theamount of these fines was based on a decision by the Board of Directors on
26 March 2013. The income from concessions in 2013 includes an estimated
amount of 0.7 million euros in fines for failing to meet obligations for tonnage
dues in that year. The procedure to settle the exact amount is ongoing.

Shipping dues and barge dues


The total freight volume handled by the port rose from 184.1 to 190.9 million
tonnes, an increase of 3.7%. The number of ships calling at the port was down
by 4.6%, but on the other hand the total gross tonnage an important billing
parameter was up by 3.1%. The combination of these parameters together
with the raising of the level of port dues finally led to an increase in income
of 3.6%. After 2011 the substantial reduction in berthing dues for bulk carriers
introduced in 2010 was maintained in 2012 and 2013. Berthing dues were up
by 12.3% in 2013 as a result of the increase in cargo volume. The income from
barge dues for its part rose by 4%.

Tugging dues
The Port Authoritys tugging department experienced further growth in
income, by 4.2%. This growth was due to the combined effect of an increase of
1.8% in dues and higher operating parameters such as the number of tugging
jobs, the gross tonnage tugged and the number of slings.

Dock-mounted and floating cranes


The income from dock-mounted and floating cranes rose by 5.8% in 2013 compared with 2012. The increase was mainly due to the dock-mounted cranes.

Other operating income


The other operating income amounted to 59.5 million euros in 2013, compared
with 53.3 million in 2012. This operating income consists to a large extent of
operating subsidies from the Flemish Region (33.9 million euros in 2013 and
27.2 million in 2012). These subsidies represent a contribution towards the
costs incurred by the Port Authority in carrying out tasks which under the
terms of the Port Decree are the responsibility of the Flemish Region. In 2012
uncertainty arose about part of the subsidy for dredging work in the sea access
channel, with the impact amounting to 4.7 million euros. Since this uncertainty has been cleared up, the previously uncertain amount of 4.7 million
euros has now been included in the result. In 2013 the other operating income
also included the amounts passed on for withholding tax on income from real
estate and water supplies, totalling 18.3 million euros (compared with 18.0million in 2012).

Port of Antwerp Year Report 2013

26

Operating charges
The following chart shows a comparison of the various sub-categories.

VARIATION IN OPERATING CHARGES


2013 2012 2011

300.000
250.000
200.000
150.000
100.000
50.000
0
(in euro x 1000)

Goods

Misc. goods &


services

Personnel

Depreciation &
amortisation

Write-downs

Provisions

Other

The amount of purchases, services and miscellaneous goods has risen by


10.2million euros as a result of:
Higher expenditure for maintenance of infrastructure and fleet;
Higher expenditure for communication;
Higher expenditure for external expertise including among others legal support in current court cases.
The personnel costs (excluding pensions) amount to 124.4 million euros.
In2012 the equivalent cost was 121.8 million euros. This means that payroll
costs rose by 2.1%. The main reasons for this increase despite the number of
personnel remaining fairly constant (up by just 0.7%) were as follows:
The impact of the Collective Labour Agreements, which finally included a
higher end-of-year bonus for all members of personnel;
The cost of living index rising above a trigger level, with wages being increased
by 2% as a result as of January 2013.
The provisions amounted to 43.4 million euros in 2013 compared with 5.8million in 2012. In 2011 a provision of 299.3 million euros was booked to cover
the estimated obligations at the end of 2011 arising from the Act of 24 October
2011 (Act to maintain long-term financing of pensions of tenured members of
personnel of the provincial and local authorities and local police areas, amending the Act of 6 May 2002 to set up the integrated police pension fund, and providing special measures for social security and various other legal provisions).
This Act led to changes being made in the financing principles for the social
security supplementary pension contribution for individual contributions of
tenured members of personnel: aresponsibilisation (the responsibilisation
contribution") was introduced. Under the terms of this contribution an authority such as the Port Authority has to modify part (currently set at 50%) of the

Port of Antwerp Year Report 2013

27

difference between (a) what it already contributes to financing its pensioners


through the general contribution, and (b) what the social security institution
(in this case RSZPPO) pays the pensioners on behalf of the authority. As a result
of this new Act, the Port Authority has an obligation to pay a responsibilisation contribution." While the obligation itself is probable or indeed certain, the
amount of it is not. As such the obligation meets the definition of a provision
as laid down by art. 50 of the Royal Decree of 30 January 2001 implementing
the terms of the Companies Act. According to arts. 54 and 95 2 of the Royal
Decree of 30 January 2001 a provision must be set aside to cover this. Thisprovision is based on actuarial calculations which take into account among other
things mortality tables, discount rates and the impact on pensions of expected
wage rises. Asin previous years the discount rate applied is 4.5%. A sensitivity
analysis shows that lowering the discount rate by 1% will result in the amount
of provision rising by 55 million euros. In 2012 the obligation rose by around
16.8 million euros due to the service cost incurred for the financial year,
together with the impact of one year less of discounting effect. A necessary
technical correction to the provision of 299.3 million originally set aside was
accounted for in the extraordinary income (22.2 million euros). In 2013 the
provision was raised by 27 million euros.
As regards the other provisions there has been a net increase of 20.2 million
euros. This is mainly due to an increase in the risks calculated in previous years
for the "Fort Filip" site, based on new, more detailed soil analyses. However, the
Port Authority considers that other parties also bear liability for a certain part
of the pollution.
The main components of the other operating charges are the costs of withholding taxes on real estate and water distribution charges.

Financial result
The financial result fell from 22.8 million euros in 2012 to 17.0 million in 2013
due to lower capital gains on disposal of current assets, which were down by
3.8 million.

Extraordinary result
The extraordinary result from sale of fixed assets relates to the capital gain on
the sale of a package of shares in the wind power project on the left bank of the
Scheldt to a private partner. The Port Authority has undertaken to devote the
capital gains from this sale to start-up capital for an energy fund, after deduction of the study and start-up costs.
As already explained above, the extraordinary result in 2012 represents a oneoff technical modification to the provision set aside in 2011 for the "responsibilisation contribution" towards the pensions of tenured and other members of
personnel.
The extraordinary income in 2011 represented the capital gain on sale of the
fixed assets associated with the transfer of the electricity distribution network
activities to IVEG.

Port of Antwerp Year Report 2013

28

Balance sheet
The Balance Sheet is summarised in the table below.

ASSETS
II/III. Tangible/intangible fixed assets

31.12.2013 31.12.2012
1,195,480

1,117,120

IV. Financial fixed assets

52,830

31,712

V. Receivables > 1 year

8,277

6,083

VI. Stocks

2,737

2,510

58,542

58,850

295,844

248,496

IX. Cash at bank and in hand

6,307

46,213

X. Deferred charges
and accrued income

4,177

4,418

1,624,194

1,515,403

VII. Receivables < 1 year


VII. Investments

TOTAL

LIABILITIES

31.12.2013 31.12.2012

I. Capital

307,110

307,110

8,801

9,570

IV. Reserves

401,742

377,518

VI. Investment grants

274,641

285,119

VII. Provisions

439,834

399,706

VII. Amts payable > 1 year

13,556

15,556

IX. Amts payable < 1 year

137,245

84,334

41,265

36,489

1,624,194

1,515,403

III. Revaluation surplus

X. Accrued charges and


deferred income

(in euro x1000)

Assets
The amount of tangible and intangible fixed assets has risen by 78.4 million
euros. The balance is made up as follows:

Investments

129.9

Depreciation & amortisation

(46.5)

Retirals & write-downs

(5.0)

(million euros)

The investments are made up mainly of the following components:


Acquisition of the former Opel site (43.6 million euros);
A further investment grant made to the Deurganckdoksluis NV to finance the
second sea lock on the left bank of the Scheldt (26.8 million euros);
Construction of the new Port House (11.2 million euros).

The financial fixed assets have increased by 21.1 million euros, mainly as a
result of:
The Deurganckdoksluis NV calling up the last tranche of capital contributions,
amounting to 2.6 million euros;
The Deurganckdoksluis NV calling in the contractually laid-down subordinated
loan of 18.4 million euros.
The other long-term claims are largely contributions by the Port Authority to
the pre-land bank." Other entities have also contributed to the pre-land bank
concerned. However, it still has to be decided how much each partner will
eventually contribute towards acquiring sites. It will then also be possible to
decide what form the contribution currently financed will take (acquisition of
assets and/or contribution towards the costs, or something else). This heading

Port of Antwerp Year Report 2013

29

also includes some of the capital gain from the sale of a package of shares in
the wind power project on the left bank of the Scheldt, which will be collected
in 2015.
The trade accounts receivable at the end of 2013 were lower than before, mainly because at the end of 2012 they included 15.3 million euros of tonnage dues,
as previously explained regarding sources of income. The other claims receivable increased sharply because no advance payments and/or final payments were
received by the end of 2013, either for 2012 or 2013, in respect of the subsidies
for work to improve the sea access behind the locks. These claims amount to a
total of 13.8 million euros. Neither has the final settlement for operation of the
locks in 2012 (1.2 million euros) been received by the end of 2013.
The balance of the liquid assets and cash investments has risen by 7.4 million
euros, from 294.7 to 302.1 million euros. The Cashflow Statement (item 3) provides further information about this development.

Liabilities
The reserves have increased since all of the positive result of 54.7 million euros
after deduction of the proposed higher dividend of 21.3 million euros was
appropriated to the available reserves. Taking into account the lower net book
value of the investment subsidies, the total equity has risen from 979.3 million
to 1,002.2 million euros.
As regards the provisions there has been a significant increase from 399.7 to
440.8 million euros (a rise of 41.1 million euros), due to the higher provision
for pensions and the provision for environmental risks. (see also preceding
chapters).
The financial debts were repaid in 2013 according to the agreed due dates.
There were no opportunities to pay off particular debts early at financially
advantageous terms.
The amounts payable within 1 year rose to 137.2 million euros at the end of
2013, compared with 84.3 million at the end of 2012, for the following two
main reasons:
The purchase price for the former Opel site has not yet been actually paid
(43.6million euros), because there is still a court dispute ongoing with the
seller concerning this purchase/sale operation. This explains the increase in the
amount of trade debts.
The other debts have nevertheless increased because of the rise in the proposed
dividend from 12.8 to 21.3 million euros.
As in previous years, the Accrued charges and deferred income mainly comprises concession fees already invoiced in 2013 for the first quarter of 2014.

Port of Antwerp Year Report 2013

30

Cashflow Statement
The Cashflow Statement shows the main incoming and outgoing cashflows.
Unlike in the previous year, the cashflow ultimately generated is positive.

FINANCIAL YEAR
2013

FINANCIAL YEAR
2012

FINANCIAL YEAR
2011

Short-term investments and liquid assets at start of year

294.708

306.326

195.641

Cashflow generated from operating activities

162.653

138.325

141.610

(140.411)

(135.143)

(14.413)

Cashflow devoted to financing activities

(14.800)

(14.800)

(16.511)

Short-term investments and liquid assets at year end

302.151

294.708

306.326

Cashflow devoted to investment activities

(in euro x1000)

The cashflow from operational activities has increased mainly because of the
positive development in working capital, which in turn is mainly due to the
purchase price for the Opel site not yet having been paid.
The net cashflow devoted to investment activities has remained stable at the
same high investment amount as in 2012.
The cashflow devoted to financing activities comprises the dividend and the
repayment of the outstanding loan.

Port of Antwerp Year Report 2013

31

Other mandatory
information
Apart from the information mentioned in the annual accounts, there were no
significant events after the closing date of the Balance Sheet. The points regarding R&D and the existence of branch offices are not applicable. No procedures
were carried out under application of art. 523 of the Companies Act. No use is
made of financial instruments of any significance in judging the assets, liabilities, financial position and result.
As regards the risks and uncertainties facing the Port Authorities, these are
mainly in the following areas:
Developments in legislation as a result of the Port Decree and its implementation;
Developments in legislation in the field of town and country planning and the
delimitation of the port area;
Compliance with environmental legislation, and changes in the latter.
Thereare also risks which in principle are borne by concession holders, but if
the latter fail to meet them (e.g. in case of bankruptcy) then these obligations
could fall upon the Port Authority. Further, there is still a risk posed by as yet
unknown pollution of underwater sediment which might have to be cleaned
up. Finally, changes in the law governing underwater sediment could impose
additional obligations on the Port Authority.
The development in the percentage amount of the legally imposed responsibilisation contribution has a significant impact on the estimated future pension
obligations for the Port Authority, and thus on the associated provision for
pensions. The percentage contribution currently stands at 50%.
The attractiveness of ports in general is determined by factors such as accessibility, the efficiency of the port activities and the quality of the hinterland
connections.
In addition to the aforementioned risks and uncertainties, the Board of Directors draws attention specifically to section 5.13 in the annual accounts (important pending disputes and other significant obligations), which includes details
of a number of pending court cases with a potentially significant financial
impact. The relevant text from this section is as follows:
Seaport Terminals NV and Flanders Container Terminal NV brought a claim
in 2003 against Antwerp Port Authority jointly and severally with another
defendant for an amount of at least 65,383,652.41 plus compensatory interest at the statutory rate as of 23/08/1999, plus the legal costs and interest at the
statutory rate, with the interest being capitalised on 31/12/2004, 30/06/2011
and 30/04/2013. The claim represents compensation for alleged complicity in
breach of contract by the Cast shipping company in connection with Flanders
Container Terminal in Zeebrugge. However, on 22 October 2013 the Brugge
commercial court declared the claim against Antwerp Port Authority to be
admissible yet unfounded. Seaport Terminals NV and Katoen Natie Terminals
NV lodged an appeal against this court decision on 11 December 2013. Basedon
a legal analysis of the information available in the brief and the decision by the
commercial court, which agrees with this legal analysis, the Board of Directors
considers that serious and weighty arguments can be brought against this appeal, and so has decided not to set any provision aside to cover it.

Port of Antwerp Year Report 2013

32

The Katoen Natie Group alleges that the Port Authority has treated various concession holders unequally in imposing the tonnage dues laid down in the concession agreements. In particular, according to Katoen Natie the obligation to
pay tonnage dues has not been applied correctly in the concession agreements
for the Deurganck dock. Katoen Natie has already lodged claims against various
parties in this connection, and in particular has taken the following steps:
Claim by Katoen Natie / Seaport Terminals lodged with the European Commission (DG Competition) on 14 December 2012 concerning the granting of illegal
state support. Requests for information have been submitted, to which the Port
Authority has replied. It is not yet known what position DG Competition will
take on this matter.
Claim by Katoen Natie / Seaport Terminals lodged with the European Commission (DG Internal Market) on 22 March concerning the present allocation and
future bids/applications for concessions in the Deurganck dock. So far no
requests for information have been received from the European Commission.
Katoen Natie and Seaport Terminals also lodged a suit on 7 March 2013 against
the Flemish Region for alleged failure to exercise administrative supervision.
Antwerp Port Authority intervened voluntarily in this case, whereupon Katoen
Natie and Seaport Terminals extended their suit on 30 May 2013 by lodging a
claim against the Port Authority.
On 10 April 2013 an application for an injunction was made to the President of the Commercial Court of Antwerp in order to (i) obtain a number of
documents, (ii) prevent the Port Authority taking any steps to implement the
decision of the Board of Directors of 26 March 2013 until the court hearing the
main action has issued its decision, and (iii) oblige the Port Authority to invoice
and collect the full tonnage dues and pay them into a blocked account until
the court hearing the main action has issued its decision. The Commercial
Court declared itself non-competent on 1 July 2013, and the Katoen Natie claim
was thus rejected. Katoen Natie appealed against this decision on 10 July 2013,
pleading for the aforementioned decision to be quashed and for the original
claim to be declared admissible and founded.
Katoen Natie and Seaport Terminals petitioned the Council of State on
27/05/2013 to quash the decision by the Board of Directors of 26 March 2013;
adecision is still pending.
Further, Antwerp Port Authority intervened voluntarily in the case brought by
the Katoen Natie group before the Council of State against the appeal proceedings in the matter of open governance and the re-use of government information in a decision taken by the Court of Appeal; this decision concerned the
partial non-admissibility / partial unfoundedness of the request by Katoen Natie to Antwerp Port Authority to provide it (Katoen Natie) with the full minutes
of all board meetings over the past five years.
Requests for information were also received in 2013 from the Federal Government Department of the Economy (Competition) on tonnage dues being
charged or not. The Port Authority responded to these requests, and so far no
decisions or policies on the part of the Competition authorities are known.
Two concession holders have respectively lodged a protest and reservations in
respect of the invoices for tonnage dues that were issued in implementation of
the decision of the Board of Directors of 26 March 2013, in respect of amounts
totalling 14.7 million euros. Of this total, 10.7 million euros has actually been
paid, albeit under certain reservations. Based on a legal examination of the
available information in the case, the Board of Directors considers that weighty
legal arguments can be brought against the protest/reservations, and so has

Port of Antwerp Year Report 2013

33

decided not to make any provision. Based on the normal application of the
Accounting Principles laid down by the Board of Directors (see item 2.4 of the
summary of the Accounting Principles), the required automatic write-down of
20% has been applied in the 2013 Income Statement on the as-yet unpaid claim
of 4 million euros (excl. VAT). The Port Authority brought an action on 2 July
2013 before the competent commercial court to obtain payment of this bill.
Antwerp Port Authority had a claim brought against it by a concession holder
for forced closure of a concession in 2012 due to safety reasons. Antwerp Port
Authority and the City of Antwerp were summoned by the concession holder
in a writ dated 9 December 2013 to pay an amount of 30 million euros plus
interest as of the date of termination of the conditions or substantial change in
its conditions; this amount may be changed in the course of the case. The concession holder further demanded that at the least a college of experts should
be appointed beforehand to estimate the damage suffered by the concession
holder as a result of the termination of the concession or substantial change
in its conditions, including both the loss suffered and the loss of profits.
This claim is contested on its grounds by the Port Authority. Waterwegen &
Zeekanaal NV will also be summonsed because it awarded the Scheldt quays in
concession to the City of Antwerp and to Antwerp Port Authority. Based on a
legal examination of the available information in the case, the Board of Directors considers that the claim by the concession holder can have weighty legal
arguments brought against it, or can at least be seriously limited, and so has
decided not to make any provision.
The Total site was affected by a landslip on 5 July 2013, allegedly due to
earthmoving work being done by a contractor on behalf of Waterwegen &
Zeekanaal NV. However, the landslip could well have happened due to a large
quantity of earth being dumped in the immediate vicinity of an underground
pipeline managed and owned by the Port Authority. In any case, dangerous
and/or flammable substances and gases began leaking from various pipes, and
so the general phase of the Disaster Plan was declared due to the danger to
nearby plant and personnel, road users on the Scheldelaan boulevard and shipping on the Scheldt and in the docks. Shipping had to be stopped for a while.
There are indications that certain companies will lodge claims for damages
against the parties that they consider to be responsible. However, no actual
claims have yet been received by Antwerp Port Authority. If the Port Authority
is held to be liable, then it in turn will claim against other parties.
As regards the environmental risks associated with the Fort Filip site, new soil
analyses led in 2013 to additional provision of 20.2 million euros being set aside,
based on the BATNEEC principle (Best Available Technology Not Entailing Excessive Cost); this brings the total provision so far to 29.3 million euros. However,
other, more expensive clean-up scenarios cannot be excluded. As already explained in previous Annual Reports, Antwerp Port Authority considers that other
parties are also liable for these environmental risks, in particular the pollution
of the ponds for which the clean-up costs are currently estimated at 15.4million
euros.

Antwerp Port Authority notified General Motors in a deed served by court
bailiff on 16 July 2013 that it exercised the option to purchase the Opel site at
the price set in the definitive report by the college of experts on 26 June 2013.
The Port Authority therefore considers itself to be the rightful owner of this
site, and so has included it in its accounts under the heading Material fixed assets, land and buildings at the value set in the report by the college of experts,

Port of Antwerp Year Report 2013

34

namely 43.6 million euros. This amount, which still has to be paid to the previous owner, is included under the heading Trade debts payable within 1 year.
In a plea entered on 25 July 2013, General Motors asked the Antwerp court of
first instance to suspend the experts' report of 26 June 2013, at least until such
time as a court decision can be obtained forbidding the Port Authority to use
the reports valuation in exercising its option right, and subordinately for a
new college of experts to be appointed with the same remit as granted in the
court decision of 28 June 2012. Antwerp Port Authority for its part summonsed
General Motors in a writ dated 27 September 2013 to be ordered, on pain of a
penalty of 100,000.00 per day of delay, to:
Hand over the Opel site to Antwerp Port Authority, free, unencumbered and in
compliance with the soil clean-up obligations imposed on General Motors;
Hand over the following to Antwerp Port Authority:
all keys, including any access codes;
all plans of buildings and structures on the site;
all permits, agreements, guarantee statements etc. concerning the grounds,
buildings, structures and activities carried out there, including agreements
granting rights to third parties for personal or business use, insurance policies
and agreements concerning utilities and site security.
Further, Antwerp Port Authority demanded that General Motors should be
ordered to pay:
Compensation for loss of use, set at a specific amount per day as of 16 July 2013
until the date of full compliance with the hand-over obligations;
The court costs, including legal proceedings.

Antwerp, 10 March 2014


For the Board of Directors

Eddy Bruyninckx
CEO

Port of Antwerp Year Report 2013

Marc Van Peel


Chairman of
the Board of Directors

35

COLOPHON Responsible editor Tine VandendriesscheDesign Catapult, AntwerpenMarch 2014

Port Authority

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