Directive on Market Access to Port Services

The port services market covers services of a commercial value which are provided against payment to port users and whose payment is not normally included in the charges collected for being allowed to call at or operate in a port. The purpose of the Commission proposal is to establish a Community legal framework ensuring access to that market in accordance with the provisions of the Treaty.

At the first meeting with Parliament and Commission, the Council indicated that it was not in a position to accept any of Parliament's 39 amendments to the Common Position. A meeting of the Conciliation Committee was thus necessary to negotiate a compromise. This took place on the evening of 29 September and concluded successfully.

A number of areas were on the negotiating table:

Self-handling

Whereas the Council's initial position referred to "regular land-based personnel and/or seafaring crew", Parliament's amendment has been accepted which defines self-handling as "a situation in which an undertaking, which normally could buy port services, provides for itself, using its own seafaring crew and its own equipment, one or more categories of port services".

Authorization of port services providers

In this key area, the principle of subsidiarity prevailed, to the effect that "Member States may ensure that the competent authority shall require that a provider of port service operations obtains prior authorisation, possibly for a limited period (...)". Also, "the competent authority shall vary or revoke an authorisation where the Member State's social legislation is not or is no longer complied with."

Pilotage

Parliament did not succeed entirely in this area, but managed to convince Council to allow tailor-made solutions. The Conciliation text provides that "the competent authorities may also recognise the compulsory nature of pilotage and prescribe such organisational rules for the service as they deem appropriate for reasons of safety and of public service requirements".

Compensations

Parliament managed to get its point of view across that, "when entreprises lose their market shares they have to have the right to compensation".

Two situations can be envisaged:

• obligation (existing contracts) : "Member States shall enact provisions whereby newly authorised service providers are required to compensate appropriately the former service providers".
• non-obligation (future contracts) : "In all other cases, authorised service providers may be required to compensate previous service providers or to any other party concerned in accordance with national rules".

Transparency of financial relations

A principle was defined: "It is also the objective of this Directive to achieve fair and transparent conditions of competition both in and between Community ports".

As a result, "every port and port system shall be obliged to submit the details required on the transparency of financial relations between Member States and public undertakings as well as on financial transparency within certain undertakings to the Member States and the Commission within the prescribed time limits. The same shall apply to financial relations between Member States and providers of port services".

Transparency of state aids

"the Commission shall submit to the European Parliament and the Council the proposals necessary to bring about transparency in State funding of Community ports".

Suggested links:

• Conciliation committee: http://www.europarl.europa.eu/code/default_en.htm
• Conciliation documents: http://www.europarl.europa.eu/meetdocs/committees/code/20030324/CODE20030324.htm#

Further information: Simon Duffin, simon.duffin@europarl.europa.eu, EP UK Office, London - tel: 020 7227 4300

[ top ] (Online October 2nd, 2003)