EU port policyAn example of unique EU policy making

Visit of the College of Europe to the Port of Zeebrugge19 September 2007, Zeebrugge

Lieselot Marinus

I. A few words about ESPO

Founded in 1993 Represents

European seaport authorities

Members from EU+EEA

Secretariat in Brussels

Recognised counterpart of EU institutions

Key objectives of ESPO

• To ensure that the economic importance of European ports is recognised in the EU

• To ensure that the sector is consulted substantively on any measure likely to affect it; 

• To promote free and fair competition in the port sector; • To ensure that European ports play their full part in

delivering economic efficiency;  • To promote the highest possible safety standards in

European ports;  • To encourage ports to be proactive

in protecting the environment.

II. EU port policy to date (I)EU port policy as such is not -yet- existing, but ports

are affected by other EU policies:

- Intermodality : Motorways of the Sea; Short Sea shipping; Marco Polo

- Environment : Port development: Implementation Natura 2000 legislation (Birds and

Habitats Directives), Water Framework Directive (implications dredging)

Port operations: Air quality (Clean Air for Europe) Ship-shore interface: Port reception facilities, Ship emissions

- Maritime safety (Erika I and II packages) – 3rd

Maritime Safety Package (now in Parliament and Council) Focus on quality EU flags, port state control, classification societies,

accident investigations and shipowner liability; For ports: ship reporting (SafeSeaNet) and places of refuge

II. EU port policy to date (II)

EU port policy as such is not -yet- existing, but ports are affected by other EU policies:

- Security: Harmonized legislation for all EU ports: Regulation 725/2004 on ship and port facility security (ISPS) Directive 2005/65/EC on enhancing port security

- Customs - Logistics policy - Maritime policy- Overall transport policy- …

III. The Port Package saga – example of unique EU policy making

What happened before?

• 1997, European Transport Commissioner Neil Kinnock (Ireland – Commission Santer ) writes a Green Paper on Sea Ports and Maritime Infrastructure

• The Green Paper proposes – among other things – measures to regulate market access to port services

• 1998, the European Commission organises a major public debate on its Green Paper

• Most participants believe port financing should be the principal theme of a European port policy

• The European Parliament and the Council of Ministers follow this line

First proposal for a Directive on market access to port services

• Brussels, 13 February 2001• European Transport Commissioner Loyola de Palacio (Spain –

Commission Prodi) submits her first proposal for a port services’ Directive

• Initial reactions are divided• But only few dispute the need for a European framework

Port services: cargo-handling

Towage, mooring and pilotage

• 2001, Directive goes through first reading in Parliament• For the time being nobody seems very worried about self-

handling

• Madrid, June 2002, Spanish Presidency Council of Ministers wants a Directive at any price

• Resistance to self-handling mounts – strikes and demonstrations follow

• Parliament starts second reading but is bound by its position in first reading

• European Parliament – Strasbourg, 20 November 2003• Parliament and Council reach consensus on the

Directive through the “conciliation procedure” but fail to agree on self-handling

• Parliament rejects compromise text with a marginal difference of about 20 votes

Second proposal for a Directive on market access to port services

• Cruise Terminal - Rotterdam, 17 June 2004

• At the ESPO annual conference, Loyola de Palacio announces a second port services’ Directive

• Trade unions speak of “a declaration of war”

• On 13 October 2004 De Palacio publishes the Directive

• No-one is warmly enthusiast about the second proposal but constructive salvage operations are undertaken

• European Parliament - Strasbourg, 18 January 2006

• Dock labour unions organise strikes and a massive demonstration which turns into unseen violence

• Parliament massively rejects the Directive

• Transport Commissioner Barrot withdraws the Directive on 8 March 2006

• November 2005, EP Transport Committee unable to agree on a Report

• Almost all parties now openly ask for withdrawal or rejection of the Directive

IV. Future EU port policy

“My ambition is to achieve a broadly based port policy which promotes investments, sustainable growth and employment”

EU Commissioner for Transport Jacques Barrot, ESPO Conference 2006, Stockholm

Overview of the consultation process

Purpose Identify core elements of a new European port policy

Objective A policy that promotes investments, sustainable growth and employment in the port sector

Themes Relations between port authorities and service providers, port financing and State aid, sustainable development of port capacity, port labour and technical-nautical services, integrating ports in the supply chain, competition with non-EU ports, perception of ports

Process Kick-off: ESPO 2006 Conference – Stockholm, 1-2 June 2006

Six regional workshops: November 2006 – May 2007

Finish: ESPO 2007 Conference – Algeciras, 31 May – 1 June 2007

End product

Communication on European seaport policy + action programme (Expected 17 October 2007)

Themes

Theme 1: Relations port authorities - service providers

• Networking capacity port authorities• Co-operation and competition rules

Theme 2: Port financing and State aid

• Financial autonomy port management• Use of public funding for port projects

Theme 3: Sustainable development of capacity

• Legal certainty environmental rules• Co-operation to create capacity

Theme 4: Solving bottlenecks in ports

• Port labour• Technical-nautical services

Theme 5: Solving bottlenecks in supply chain

• Customs + administrative procedures• Trans-European Transport Networks

Theme 6: Overall competitiveness EU ports

• Fair competition with non-EU ports• RTD projects

Awaiting 17 October 2007: Communication on EU port policy

“The future port policy should provide a solid basis for creating ‘ports for all seasons’”EU Commissioner for Transport Jacques Barrot at the ESPO conference 2007, Algeciras (1 June 2007)

Issues for further research

• Upcoming EU initiatives (October 2007)– Maritime Blue Paper, – Common European Maritime Space, – EU ports policy, – EU logistics policy

• Port governance– Evolution of governance in European seaports– Productivity of European seaports (international comparison)– Tariff structure of European seaports– Managing stakeholder relations in ports– The influence of global terminal operators on port competition

• Sustainable port development– Corporate social responsibility of ports– Socio-economic impact of European seaports– Assessment of environmental management in European ports– Spatial planning as a tool to create legal certainty for port

development

Thank you for your attention

For more questions/information:lieselot.marinus@espo.be or www.espo.be