Brussels, 16/10/2007 (Agence Europe) - The long-announced communication on European port policy will be adopted on Thursday 18 October as part of the “freight package”. Leading up to this, between 2006 and 2007, there have been six working seminars, two major meetings with member state experts and a consultation with stakeholders of the sector. It will remain incumbent upon member states to improve the performance of European ports and connections with the surrounding area. On the other hand, the Commission provides for: - publication in 2008 of guidelines for granting state aid to ports; - and extension of the provisions of Directive 2006/111/EC on the transparency of financial relations between member states and public enterprise to all commercial ports. The communication also clarifies competition rules for the sector stressing the importance of free access to port services (stevedoring, berthing and piloting) and approving the non-discriminatory concession of service contracts.
All activities linked to the improvement of port services and links with the hinterland will be covered by member states. At this stage, the Commission prefers not to legislate in this field, but provides for an assessment of the links between the ports and the surrounding area as well as an assessment of the impact that they will have on the balanced traffic network at the time of revision of the Trans-European Transport Networks in 2010. It states, however, that, in order to resolve the problems which face ports today (bottlenecks, back design of terminals, considerable delays, theft from heavy goods vehicles), their efficiency must be improved and new links developed. The procurement of new equipment, synchronisation between the arrival of goods and the loading or unloading of vessels, better access and more satisfactory working conditions could contribute to solving the problem of port performance.
In a concern to modernise ports, the Commission plans to simplify the customs side, mainly for short haul navigation. Thanks to improved maritime security (the setting in place of identification systems and follow up of short and long haul vessels such as Automatic Identification System (AIS), Long-range identification and tracking data centre (LRIT), and SafeSeaNet), the Commission takes the view that short distance maritime transport between the EU member states could be covered by internal market rules (at the present time, short haul navigation is still considered to be international navigation). The Commission is expected to also adopt, on 18 October, the working document entitled “towards a European maritime area without barriers”, which will allow it to launch the process of consultation on this project aimed at creating a Community maritime area in due course. A legislative proposal on the matter is due 2008. Announced in the Green Paper on maritime policy (see EUROPE 9520) and by the White Paper on transport policy revised in 2006, the proposal will simplify administrative and document procedures, especially in the field of maritime freight transport. The Commission, moreover, provides for the creation of a one-stop-shop for submitting data on goods carried by maritime means, in the context of the “e-customs” programme (see EUROPE 9422). From 2009 on, a similar “e-maritime” programme will be developed in the maritime sector. It will consist of improved communication between vessels and ports thanks to the use of modern information and communication technologies (ICT). The same system will be developed in parallel for the transport of goods by road (e-freight).
Equal competition conditions
The Commission does not intend to harmonise rules on the role of port authorities, in charge of port management. Member states will be free to choose a private or public manager. The Commission does, however, announce guidelines for 2008 concerning State aid to ports and plans to extend application of the provisions of the directive on the transparency of financial relations between the authorities and the public companies (see EUROPE 9224) to all commercial ports. Codified in November 2006 (2006/111/EC), this directive would among other things make it an obligation for all merchant ports, irrespective of their annual turnover, to have an accounting system that is separate from their commercial and public service activities. At present, these provisions only apply to ports whose annual turnover exceeds €40 million.
As far as the concession rules to the benefit of ports are concerned, the Commission approves the concession of handling services to entities other than the port authorities. To date, such services have not been covered by legislation of any kind. The attribution of services should, however, comply with the rules of transparency and an impartial selection procedure open to competition. The port authorities will
be free to establish selection criteria that reflect the port's commercial strategy and development policy.
Concessions will be granted on the basis of such criteria.
The Commission also considers there is a need to clarify the rights of employees when activity is transferred between companies. When this is the case, it takes the view that the provisions of Directive 2001/23/EC should also be extended to sea ports. These provisions are on upholding workers' rights in the event of company or establishment transfer, or in the case of partial company or establishment transfer. Two conditions must, however, be met. There must be a change of employer and the company in question must operate in the same line of activity. Commission services will develop guidelines on application of these measures with regard to very small ports.
Without setting out any concrete recommendations, the Commission again came down in favour of maximum liberalisation for access to port services. Being security-related, services such as piloting, berthing and tugging must be provided either by public entities or by private entities acting in the general interest, but the Commission wants to prevent the often monopolistic companies responsible for such tasks from encroaching on the free provision of services as guaranteed by the Treaty. The Commission therefore considers that the existence of monopolies for such services can only be justified if this is proportionate and necessary for the provision of services in question. The selection of an operator should in this case meet the criteria for transparency and impartiality. Exclusive rights for the implementation of such services should not be attributed for overlong periods, that is, for any amount of time other than that which is strictly necessary for achieving a return on capital. In particular, as far as piloting is concerned, the Commission considers that frequent port users, which meet security measures, can be exempted from compulsory piloting. This freedom should be accompanied by technological innovation, especially when it concerns distance piloting developed in the e-maritime context. The Commission also chooses liberalisation of berthing activity as long as these services do not harm services of general interest. Also, the communication stipulates that access to handling services should be free and not hampered by “pool agreements” (entities responsible for recruitment and training of port employees). It nonetheless acknowledges the role that these “pools” play in the training and recruitment of workers.
Protection of the environment. The Commission is due to publish guidelines by end 2008 on application of Community legislation on the development of sea ports. Without giving the date of revision of the 2000 Waste Directive, the Commission will ensure it is implemented after which it will present appropriate proposals. The Commission will also tackle the reduction of air pollution and greenhouse gas emissions from vessels and will contribute to establishing measures to reduce emissions in ports in line with International Maritime Organisation (IMO) legislation. (A.By.)