# EUR-Lex - 52013DC0295 - EN

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# 52013DC0295

**COMMUNICATION FROM THE COMMISSION Ports: an engine for growth /* COM/2013/0295 final */**

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TABLE OF CONTENTS

1........... Introduction.................................................................................................................... 3

2........... Challenges...................................................................................................................... 3

3........... Strategy.......................................................................................................................... 6

3.1........ Connect ports to the
trans-European network................................................................. 6

3.2........ Modernise port services.................................................................................................. 8

3.3........ Attract investment to ports............................................................................................ 11

3.4........ Promote the Social Dialogue......................................................................................... 12

3.5........ Raise the environmental profile
of ports......................................................................... 13

3.6........ Encourage innovation.................................................................................................... 14

4........... Conclusion................................................................................................................... 15

COMMUNICATION FROM THE COMMISSION

Ports: an engine for growth

1.           Introduction

The Union is highly dependent on seaports
for trade with the rest of the world and within its Internal Market. 74% of
goods imported and exported and 37% of exchanges within the Union transit
through seaports. Ports guarantee territorial continuity of the Union by servicing regional and local maritime traffic to link peripheral and island areas.
They are the nodes from where the multimodal logistic flows of the
trans-European network can be organised, using short sea shipping, rail and
inland waterways links to minimise road congestion and energy consumption.

The 2011 White Paper on Transport and the
Single Market Act II emphasise the need for well-connected port infrastructure,
efficient and reliable port services and transparent port funding. The
availability of adequate port infrastructure, good performance of port services
and a level playing field are vital if the Union is to remain competitive in
the global markets, improve its growth potential and create a more sustainable
and inclusive EU transport system to underpin the internal market.

When faced with the challenge of a fully
integrated transport network, the Union's port system is confronted by
structural performance gaps. Investments are needed to adapt port
infrastructure and facilities to suit new transport and logistics requirements
and absorb the expected growth of cargo for the next decade during a time of
scarce public funding. If nothing is done an opportunity will be missed to increase
options available to transport operators and shippers and create growth and
jobs in coastal areas and across the Union as a whole.

This Communication reviews the European
Port Policy and builds on the progress achieved. It accompanies and supplements
a proposal for a regulation of the European Parliament and of the Council
establishing a framework on market access to port services and financial
transparency of ports. It identifies eight additional set of EU actions needed
to further unlock the potential of ports. This revised European Port Policy
covers the trans-European transport network seaports, which account for 96% of
freight and 93% of passengers transiting through ports in the Union.

2.           Challenges

In its Communication on the European Port
Policy in 2007[1],
the Commission identified the main causes of the challenges faced by the
sector. These related to threats on port performance and hinterland
connections, the need to modernise ports while respecting the environment, the
lack of transparency in the use of public funding, market access restrictions
and issues on the organisation of labour in ports.

The approach taken in 2007 was to address
these issues by means of horizontal instruments and soft measures on the access
to the market of port services and financial transparency. Since then, some
progress has been made and a number of developments have taken place, in
particular:

·
In 2011, the Commission adopted a proposal for a
Directive on Concessions[2].
This proposal applies to concession contracts granted in ports, although some
form of awarding contracts such as land leases are not covered.

·
The Commission has proposed new guidelines for
the development of the trans-European network (TEN-T)[3] and the Connecting Europe
Facility (CEF)[4]
which provide a common planning tool for more targeted investments while
widening the possibilities for EU financial support.

·
In the context of the European Semester, the
economic crisis has led some Member States to introduce reforms of their port
sector. These vary in scope and efficiency and have primarily been shaped by
the need for fiscal consolidation.

·
The Court of Auditors found in 2012 that
Structural Funds invested in EU port facilities have limited added value if
they are not connected as multimodal nodes to the trans-European, national and
regional transport networks.

Admittedly, the soft measures proposed in
2007 on a fair market access and on transparency have had little or no impact.
There is no single level playing field for the sector and the interventions at
national level since then paradoxically threaten to fragment the internal
market even more. Consequentially, most of the issues identified in 2007 are
still relevant today. EU ports have yet to take on fully their role as enablers
for growth and multimodality.

Structural
performance gap between ports

Ports are the main
gateways to the trans-European network. The EU requires ports well developped
and efficient by international standards in all its maritime regions. While
some European ports are among the most performing ports in the world, other
ports continually underperform or are in structural decline[5]. Those ports restrict the
economies of both the regions they serve and the Union as a whole. This structural performance gap reduces options available to EU and
international maritime and logistic operators. Today, 20% of the goods coming
to Europe by sea pass through just three ports. High performing ports cannot optimally
develop their maritime connections with other EU ports, increasesing the risk
of congestion in their hinterland, in particular road congestion, to the
detriment of citizens living there. The structural gap threatens the
development of short sea shipping as an alternative to saturated land routes.

In 2011 EU ports handled 3.7 billion tonnes.
According to the latest projections in a low growth scenario, it is estimated
that volume will increase by 50% by 2030[6].
All ports across the trans-European network will be needed to help accommodate
this growth.

Need for ports to
adapt to new requirements

The challenges faced are exacerbated by the
fact that the sector is continually evolving and has the potential to make existing
port infrastructure obsolete or require significant upgrade. Changes include:

·
Increased size and complexity of the fleet, in
particular ultra-large container ships, new types of Ro-Ro ferries and
gas-carriers. For example, a leading European shipping line has ordered 20
ships for 2015 with a capacity of 18,000 Twenty Foot Equivalent Units (TEU).
This is the equivalent of a continuous lane of heavy goods vehicles from Rotterdam to Paris.

·
Stricter requirements on environmental
performance and alternative fuels (e.g. cold ironing[7] and LNG). The Commission’s
Clean Power for Transport initiative and the proposal for a Directive on the
deployment of alternative fuels infrastructure[8]
requires that all maritime ports of the TEN-T Core network are equipped with
LNG refuelling points according to common technical standards by 2020.

·
Trends in the fast growing cruise industry and
in logistics and distribution systems have led to an increased need for value
added services within the area of the port; and

·
Significant developments in the energy trades,
with a shift from oil and refined products towards gas; a need for significant
gasification facilities in ports; potential volumes of dry biomass and CO2
transport and storage.

These changes put pressure on
infrastructure and investments including the extension of berths, quays, locks,
deepening of basins and canals and reconfiguration to enable manoeuvring of
larger ships. Ports require new facilities such as cranes, new passenger
terminals, new operational procedures and good sequential or parallel coordination
of the different services provided by the port actors inside the port and
outside the port in the context of door-to-door logistics. Moreover, ports are
important critical infrastructures, as key service providers to the entire
economy, and a possible gate for unlawful trades concerning drugs, weapons,
counterfeited goods and even CBRN[9]
materials Security concerns will have to be continuously addressed in an
appropriate manner[10].
Overall, ports will need to invest in order to meet all these technological,
industrial, safety, security, environmental and climate change challenges.

A European challenge

EU ports, and especially the ports of the
trans-European network, service a hinterland and a catchment area which go
beyond their local and national borders. They are vital to the functioning of
the European Union: approximately one out of every two tonnes of volume handled
in ports comes from or goes to, by sea or land, a Member State which is
different from the one of the port in which the goods transit[11]. The trans-European network is
only as strong as its weakest link, so ports must perform well across the
board.The absence of a fair level playing field ensuring consistency with the
principles of the internal market in the port sector is at the core of the
structural performance gap between ports.

Diversity of governance models and ownership
structures is an important feature of the European port system, with no two
ports operating in exactly the same way. The European Port Policy respects that
diversity and does not seek to impose a uniform model for ports.

3.           Strategy

After a long and detailed consultation
process[12],
the Commission has come to the conclusion that the review of port policy should
pursue the following actions to address the issues raised above. The EU
strategy is founded in the principle of avoiding unncesary interferences with
ports that perform well, helping ports lagging behind to implement good
practices and sound managerial approaches while fully respecting diversity and
particular circumstances.

3.1.        Connect
ports to the trans-European network

More integrated infrastructure planning,
consistent investment strategies and efficient EU funding will be possible in
2014-2020 under the new TEN-T guidelines, the Connecting Europe Facility and
the new approach of the Structural Financial Instruments.

Use of the new TEN-T planning
instruments

The new TEN-T guidelines have identified
the multimodal core network on the basis of an objective methodology[13]. Ports play an important role
in this methodology, as they define nodes which are connected by multimodal
core links.

The TEN-T proposal includes 319 ports, 83
in the core network and 236 in the comprehensive network. The new core network
corridors are the tools which will help develop the core network by 2030 and
they start or end in core ports[14].
Maritime transport infrastructures of the TEN-T have certain requirements, in
particular:

·
Connection of TEN-T ports with railway lines,
roads and, where possible, inland waterways;

·
Availability of at least one terminal in the
port open to all operators in a non-discriminatory way and applying transparent
charges; and

·
Adequacy of sea canals, port fairways and
estuaries for connecting adjacent seas or providing access from the sea to
maritime ports.

Core TEN-T ports also have to ensure that
alternative clean fuels are available in their ports.

Action 1

Particular consideration will be given to projects corresponding to
investments identified in the future corridor development plans to be defined
by the Coordinators within corridor structures in 2014 as foreseen in the
guidelines for the development of the TEN-T.

In the governance of corridors which will be set-up in the framework
of guidelines for the development of the TEN-T, ports will be encouraged to act
as enablers of inter-modality, for instance by taking the necessary arrangements
in order to provide information on traffic flows allowing the better
organisation of intermodal logistics.

Target EU funding

Until now, due to a lack of prioritisation
and clear criteria EU funding for ports has lacked focus and insufficient attention
has been given to the coordination with hinterland access infrastructure.[15]

In order to be eligible for funding for the
period 2014-2020[16],
the regulation establishing the Connecting Europe Facility (CEF) requires ports
to belong to the core network or to a Motorway of the Sea linking a port to the
core network. It also places importance on the robust cost/benefit analysis of
projects. Finally, it introduces new financial instruments like risk-sharing
instruments and enhancement mechanisms to project bonds which may be of
particular interest to public-private partnerships in ports.

The Commission is considering other
elements on which to base its funding in the port sector. Firstly, it will
follow up on the recommendations of the European Court of Auditors[17] and check that efficient
connections to the European, national and regional levels exist or are planned.

When allocating EU support, in particular
under CEF, the added value of the project for attaining the objectives of the EU
Transport Policy will be taken into account, including the rules on sound use
of scarce public resources and respect of the Single Market core values.

Action 2

Attention will be given to projects which contribute to the
coordinated development and management of ports, rail and inland waterways
infrastructures and those which enhance port and shipping environmental
performances.

The Commission will consider whether to propose to take into account
issues such as early application of the provisions set out in the Regulation
proposed in parallel to this Communication[18],
the quality of the social climate, and if the port has an environmental
management strategy.

In partnership with the Member States, the Commission will
strengthen the alignment of transport projects funded under the Structural and
Cohesion Funds with the TEN-T, promoting priority to projects concerning port
access and hinterland connections. The wider impact on the distribution of
traffic between ports will be considered. The same approach will be taken with
other sources of EU funding, such as loans available through the EIB and other
EU lending facilities.

3.2.        Modernise
port services

Optimisation of port services and
operations would result in a number of TEN-T ports being able to handle or
attract more cargo and passengers and obtain significantly higher performance
with the existing infrastructure, thereby reducing the need for funding.

Fair market access

The quality and efficiency of port services
are essential for the overall performance of the port. Typically[19], total port costs can account
for a significant fraction of the total costs associated with the logistics
chain. For some trades in traditional ports, costs of ports and ports terminal
operation may exceed 30% of the total door-to-door logistic costs. In terms of
internal reparation of costs, port infrastructure charges represent between
5-10%, technical-nautical services between 10-15%, cargo-handling between
45-60% and other charges and ancillary services between 10-30%. Historically,
port services have operated within frameworks characterised by exclusive rights
or de facto monopolies of a public or private nature. Restrictions to
the freedom to provide service are acceptable only when justified by objective
reasons, such as the lack of space in ports or reasons of public service, and
as long as they do not lead to abuses and are compliant with the TFUE. However,
in such cases the providers of port services should be designated according to
a procedure which ensures transparency, equal access and an efficient use of
public resources.

The Regulation proposed in parallel to this
Communication, which shall apply without prejudice to the Directives on
Concessions and on Public Contracts, establishes the freedom to provide
services in ports, except for cargo handling and passenger services. In cases
of a limitation in the number of providers of port services, the provider shall
be designated after an open, transparent and non-discriminatory procedure. The
provision of port services by in-house operators, i. e. the port authority or
the administration is only authorised in case of public service obligations. In
such cases, internal operators are confined to provide services to their port
system.

The port sector is a global business. The EU
and its Member States have already made commitments via international
agreements to open up market access to port services on fair and reciprocal
basis. The Commission will monitor that it does not lead to a loss of control over
EU strategic interests and will seek to promote a reciprocal market access with
third countries.

Action
3

For
cargo-handling and passenger terminal concessions, the Commission will ensure
that the horizontal Directives on Concessions (soon to be adopted) and Public Contracts[20]are effectively applied. This should cover a part of the existing
contractual arrangements between port authorities and port service providers
and lead to a competitive and transparent award of port services. For contracts
not covered by the Directives on Concessions and on Public Contracts, potential
breaches of Treaty principles on transparent procedures and fair treatment as
interpreted by the Court of the EU will be pursued by the Commission on a case
by case basis.

The
future Regulation on the access of third-country goods and services to the Union’s internal market in public procurement proposed by the Commission in 2012 will be
used as a lever to facilitate the negotiation of reciprocal access to non-EU
markets for EU-based global players.[21]

Supervision of price and quality

If a port
services provider operates under exclusive rights, there is a risk of market
distortion, to detriment of its customers and/or competirors. Typical abuses
are, e.g. discriminatory conditions, excessive and or predatory pricing
practices and/or the refusal to supply to certain users of port services.

The Regulation proposed in parallel to this
Communication introduces common rules to ensure supervision by an independent
authority of the port service charges levied by operators which have exclusive
rights and which have not been designated through a procedure which is
transparent and non-discriminatory.

In addition, port activities that
constitute economic activities are subject to competition rules. Agreements
that restrict competition and abuses of dominant position, as defined in
Articles 101 and 102 TFEU respectively are prohibited. The Commission and
national competition authorities may therefore assess the conduct of providers
of port services operators.

Administrative simplification in the
ports

The Commission has repeatedly recalled that
administrative burden reduces the attractiveness of a port and affects its
overall performance. The problem is particularly concerning intra-EU short sea
shipping which must compete with other transport modes that are not subject to
the same controls. In recent years, a number of EU initiatives to reduce
red-tape in ports have been put in motion, such as the rationalisation of
ships' reporting formalities to ports applicable since 19 May 2012. Those
initiatives should be pushed forward and further supplemented for achieving
bottom up, networked and consumer-driven port services.

Action
4

The
Commission will further develop its initiatives on:

-
"Blue Belt" which aims at reducing the administrative burden for EU goods carried by vessels sailing between EU
ports, to a level that is comparable to that of other transport modes,
including by further simplifying customs procedures. This initiative is also a
key action under the Single Market Act II[22];

- the
further harmonized and coordinated implementation of Directive 2010/65/EU[23] by establishing
guidelines on the “national single windows”, due to be operational at the
latest by 1 June 2015 ;

-
"e-maritime" initiative to promote the use of electronic information
for the reduction of administrative burden and doing business; and

-
“e-Freight” initiative which aims to facilitate the exchange of information
along multimodal logistics chains and which will contribute to improve port
efficiency as ports are important multimodal platforms.

The Regulation proposed in parallel to this
Communication introduces new legal provisions to encourage the dialogue between
the port's stakeholders (users, service providers, authorities, workers) and
help achieve effective implementation of the actions mentioned above.

3.3.        Attract
investment to ports

Funding and financing transport
infrastructure and facilities is one of the key challenges for the EU transport
network in the years to come. Attracting both public and private funding
requires a simple and clearly defined framework.

Transparent funding in ports

The lack of transparency of public funding
in ports creates uncertainties for investors looking to invest. To tackle this
issue, the Regulation proposed in parallel to this Communication will introduce
rules ensuring the transparency of financial relations between the public
authorities and the port authorities. Greater financial transparency will also ensure
a level playing field.

Clarify State aid rules

There are many reasons why a Member State may decide to give public funds to ports: for regional development purposes or
for addressing market failures in cases where important port services present
little interest for operators acting under market conditions. However, a
pre-requisite for ensuring the sound use of Member State resources and avoiding
unjustified competition distortions is the respect of the applicable State aid
rules.

Action
5

The
Commission is currently engaged in the modernisation of its State aid rules for
all economic sectors. In this context, the Commission will clarify the notion
of aid by the end of 2013 as regards to the financing of infrastructures, in
particular in view of the evolving case law of the Court of Justice[24].

More efficient port infrastructure
charges

Efficient pricing is a prerequisite to
efficient port infrastructure investments. As a step towards more efficient
pricing, the Regulation proposed in parallel to this Communication introduces a
degree of autonomy enabling Port Authorities to establish the structure and
level of port dues according to their own commercial and investment strategy.
It is vital that prices are transparent and applied without discrimination.

International dimension

Some European ports have concerns about unfair
competition from ports in third countries, in particular those close enough to
provide competing transshipment services. The Commission remains convinced of
the need for enhanced cooperation with neighboring countries, in order to
achieve a sustainable transport system benefiting all EU partners based on the
core principles of fair competition, transparent use of public funds and fiscal
instruments and respect of social and environmental standards.

3.4.        Promote
the Social Dialogue

EU Ports employ more than 3 million people
(directly and indirectly). Economic research has directly linked growth in port
throughput with the creation of jobs in surrounding regions.

To succeed and adapt to the changing
demands on the workforce, ports must offer good working conditions and improve
the quality of the working environment to attract skilled personnel. Industrial
disputes that affect relations may damage the image and competiveness of ports
and should be dealt with proactively. Good social climate and genuine social
dialogue between the concerned parties is required.

Social Dialogue

Both the day-to-day efficiency and the
long-term dynamics of port competition are influenced by the port labour
regime. Depending on the type of terminal, port labour can represent a
significant share of the operational costs for terminal operators. [25]

In 16 Member States, as is the case in
other sectors, port labour regimes depart from general labour law[26]. In some cases, those regimes may
place restrictions that have an effect on the creation of new jobs or undermine
the working environment in the port.

After a prolonged negotiation process, the
social partners of the port sector have asked for the creation of a port sector
Social Dialogue Committee in line with the competences recognised in the Union by Article 152 of the TFEU[27].
This is the first time that such a dialogue has been requested in the sector and
will allow for key issues, including those that may lead to contractual
relations to be addressed. If the social
partners so desire, they may then request jointly that agreements concluded by
them at Union level be implemented by a Council decision on a proposal from the
Commission in accordance with Article 155(2).

At this stage, the
Commission does not propose to introduce particular provisions on port labour
regimes. It should be stressed that the Social Dialogue at Union level
supplements but does not replace social dialogue at national, local and
corporate levels.

Action 6

In line with Articles 151 and 154 of the TFEU, the Commission is
willing to facilitate the Social Dialogue at Union level by providing technical
and administrative support. The EU social partners have already agreed rules of
procedures and an open joint work programme and expect the Committee to be
formally established on 19 June 2013.

While respecting the autonomy of the social partners, the Commission
expects that the EU social partners will be in the capacity to tackle issues
related to work organisation and working conditions.

The Commission in coordination with all the EU social partners
foresees a review in 2016 that will assess the functioning and progress of the
European Social Dialogue for the ports sector and the situation in respect of
the provision of both cargo handling and passenger services.

Health,
safety and training

Port work remains an occupation with a high
risk of accidents and health implications for workers. It is essential to have
a system in place to protect the health, safety and welfare of port workers and
users, in line with applicable health and safety legislation.

Every port needs to develop working
practices that safeguard the safety and health of port workers. This requires
good cooperation and coordination between all employers and employees who
operate within the port.

Technological changes and new transport and
logistics needs will drive requirements for mastering innovative port
operations and the need for employees with the right skills, training and
qualifications to understand, master and exploit all the advantages provided by
the new technologies.

Action 7

Under the 7th RTD framework programme for transport, the
Commission will launch before the end of 2013 a concerted action project to
examine health and safety, training and qualification challenges in EU ports. Social
partners will be full involved in this action. The Social Dialogue committee
for the port sector will be regularly consulted and informed on these issues.

3.5.        Raise
the environmental profile of ports

Port activities give rise to significant
impacts in terms of emissions, noise, water and soil pollution and
fragmentation of habitats. Ports located close to densely populated urban areas
may often have to balance the development and management of port activities with
the preservation of natural habitats and the quality of urban life.

The Commission published guidelines in 2011
on implementing the Birds and Habitats Directives in estuaries and coastal
zones, with a particular focus on striking the right balance between
environmental protection and port development.[28]
Although it is for the European Court of Justice to interpret EU law, the
application of the Commission’s guidelines can provide a coherent framework for
project developers and minimise the risk of litigation.

The Commission welcomes the initiatives
taken by the port sector to promote excellence in environmental management and
performance by publishing guides to good practices.[29] A number of ports have already
adopted plans to better manage their footprint on the environment and such
initiatives should be encouraged.

Ports should consider whether to reward
operators who anticipate or exceed the application of mandatory environmental
standards and promote the use of door-to-door low-carbon and energy efficient logistics
chains, e.g. short sea shipping. Although existing schemes[30] introduced on a voluntary
basis by a number of ports to raise their environmental image should continue
to be supported, a more consistent application of such environmental variation
of port infrastructure charges at a European or regional level would help to
increase their effectiveness.

Action 8

To encourage a more consistent application of environmentally
differentiated port infrastructure charges, the Commission will propose
principles for environmental charging and promote the exchange of good practices
by 2015.

The Commission is planning a review of the Directive on port
reception facilities in 2013/2014 with the view to further improving the
effectiveness and efficiency of the system.

3.6.        Encourage
innovation

Over recent years, the global port industry
has changed significantly. Ports are becoming increasingly dependent on
technological innovations across the entire logistics chain.

The competitiveness of European ports will
depend on their ability to innovate in terms of technology, organisation and
management. Their critical roles as multi-modal hubs require innovative and
efficient ways of cross-modal connections and use of management tools in order
to further increase their attractiveness.

Research can also be used as a way of
addressing social concerns. These can range from health and safety risks for
port workers (e.g. impacts of the fumigation of containers) to the need to
manage and reduce the impacts of port activities on the environment and the
urban areas.

In the context of the implementation of the
Horizon 2020 programme to support research, development and innovation from
2014 to 2020, the Commission will propose priority tasks where EU support could
be envisaged.

4.           Conclusion

Ports can contribute significantly to the
economic recovery and long term competitiveness of European industries in world
markets while adding value and jobs in all EU coastal regions. Ports will have
a key role to play in the development of an efficient and sustainable
trans-European network by diversifying transport choices and contributing to
multimodal transport.

Today, the European Port Policy is at a
cross-road. While some European ports perform well, structural problems
regarding the insufficient connectivity to the hinterland, the lack of
transparency in the use of public funds, market entry barriers, outdated
governance models and excessive bureaucracy affect the performance of many
other ports. It is high time to address those long standing problems.

In order to monitor the progress of the
implementation of this reviewed European Port Policy, the Commission has
initiated a project[31]
that will start before the end of 2013 to develop and collect a set of generic
European indicators on the performance of ports.

The Regulation proposed in parallel to the European
Parliament and Council is designed to tackle the key issues related to the
market access to port services and the financial transparency and autonomy of
ports. The Commission will provide feedback, in the form of a report, on the functioning
and effect of the Regulation no later than three years after its entry into
force.

The Commission will address the remaining
issues by the following focused actions within its remit:

·
fully use the new TEN-T guidelines and EU
financial instruments to improve the connections of ports to their hinterland
and promote the European Port Policy;

·
monitor that existing EU law applicable to
concession and ports is correctly applied;

·
provide the necessary administrative and
technical support to the Social Dialogue at Union level, with a stock taking of
progress in 2016;

·
present new initiatives to further simplify the
administrative procedures in ports, notably customs procedures;

·
promote environmental technologies and short sea
shipping through common principles on the variation of port infrastructure
charges.

The Commission will check progress against
delivery of the policy objectives defined in this Communication, notably
progress in developing multimodal connections to the port hinterland,
modernising port services and attracting investments.

[1]               COM(2007)616

[2]               COM(2011)897

[3]               COM(2011)650

[4]               COM (2011)665

[5]               SWD(2013)181

[6]               SWD(2013)181

[7]               Use of shore-side supply of electricity by ships
while calling

[8]               COM(2013)17 and COM (2013)18

[9]               N.B. Chemical, Biological, Radiological, and Nuclear

[10]             Under the terms of Directive 20005/65/EC and of
Regulation 725/204, the Commission in cooperation with the Member States,
carries out inspections to monitor the application of relevant security
measures in EU ports

[11]             Resulting from trade between Member States and trade between a Member State and a non-EU country through another Member State.

[12]             For more details see SWD(2013)181 impact assessment

[13]             See http://ec.europa.eu/transport/themes/infrastructure/doc/web_methodology.pdf

[14]             The alignment of the corridors is proposed in the
Connecting Europe Facility (COM(2011)650)

[15]             From the TEN-T budget €244.6 million was granted to
ports from 2007 to 2012, approximately 4% of the total TEN-T budget available. Of
this, 58% was devoted to develop port capacity, 27 % to develop access to the
hinterland and 15% to green technology. As regards cohesion funding, the Court
of Auditors has been particularly critical of the lack of coordination with
hinterland access.

[16]             Commission has presented its proposals for the
2014-2020 Financial Framework in June 2011 (COM(2011)500). Negotiations on the
Multiannual Financial Framework are on-going. The funding will be covered
within the financial envelopes agreed by the budgetary authority and the
relevant legislative acts.

[17]             Special Report No 4 of 2012 of the European Court of
Auditors: "using structural and cohesion
funds to co-finance transport infrastructures in seaports: an effective
investments?"

[18]             In particular the provisions applying as from 1 July
2025.

[19]             There are important variations depending on the port,
type of trade, etc. See SWD(2013)181 Impact Assessment.

[20]             Proposal for a Directive on the award of concession
contracts (COM 2011) 897 final and Directive 2004/17/EC coordinating the
procurement procedures ofentities operating in the water, energy, transport and
postal services sector and Directive 2004/18/EC on the coordination of
procedures for the award of public works contracts, public supply contracts and
public service contracts.

[21]             COM(2012)124 final, proposal
for a Regulation on the access of third-country goods and services to the
Union’s internal market in public procurement and procedures supporting
negotiations on access of Union goods and services to the public procurement
markets of third countries

[22]             COM(2012)573 final of 3 October
2012

[23]             Directive 2010/65/EU of the European Parliament and of
the Council of 20 October 2010 on reporting formalities for ships arriving in
and/or departing from ports of the Member States and repealing Directive
2002/6/EC.

[24]             Cf case T-443/08 "Leipzig-Halle"

[25]             15%–20% at dry bulk terminals; 40%–75% at general cargo
terminals

[26]             Study on EU Port Labour (2013)

[27]             See also the Commission Decision of 20 May 1998 on the
establishment of Sectoral Dialogue Committees promoting the Dialogue between
the social partners at European level (COM(1998)322 final)

[28]             http://ec.europa.eu/transport/modes/maritime/doc/guidance_doc.pdf

http://ec.europa.eu/transport/modes/maritime/doc/comm_sec_2011_0319.pdf

[29]             ESPO Green guide

[30]             Modulation based on the Environmental Ship Index scheme
(Belgium, France, Germany and the Netherlands), on the Green Award certificate
(Latvia, Lithuania, the Netherlands and Portugal), or though rebates linked to
NOx/SOx emissions or via levying a sulphur fee (Sweden).

[31]             Under the 7th RTD framework transport programme – call
for proposals 2013