Communication from the Commission - Communication on a European Ports Policy {SEC(2007)1339} {SEC(2007)1340}
Date: 2007-10-18
Institutions: European Commission
Subjects: action programme, combined transport, common ports policy, economic development, information technology, investment, maritime transport, port administration, sustainable mobility

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 18.10.2007 
COM(2007) 616 final 

COMMUNICATION FROM THE COMMISSION 

Communication on a European Ports Policy 

{SEC(2007)1339} 
{SEC(2007)1340} 

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I. INTRODUCTION 

More than 1 200 merchant ports dot some 100 000 km of European coasts; several hundred 
others  punctuate  the  36  000  km  of  our  inland  waterways.  They  are  key  points  of  modal 
transfer and are of vital interest to handle 90% of Europe's international trade. Moreover and 
supporting our general transport policy1, they handle 40% of the tonne-kilometres carried out 
in intra-Community trade. They are a key to cohesion in Europe, through the development of 
passenger and ferry services. The development of the cruise industry has transformed some of 
them  into  focal  centres  of  tourism  for  cities  and  whole  regions.  They  are  essential  for  the 
development of short sea shipping and, in many cases, of inland waterways' traffic. These two 
modes are economic, and can replace less sustainable modes over long distances. Ports are a 
direct  and  in-direct  source  of  more  than  half  a  million  jobs,  and  ensure  dynamism  and 
development  of  whole  regions  including  most  peripheral  ones,  in  line  with  the  Lisbon 
strategy.  

The present Communication aims at a performing EU port system able to cope with the future 
challenges  of  EU  transport  needs;  it  sets  an  action  plan  for  the  European  Commission.  It 
follows up from an extensive consultation with the stakeholders in 2006-2007, which included 
six workshops, two large conferences and meetings with experts from the Member States. 

This  Communication  on  ports  also  follows  up  and  implements  the  recently  adopted 
Communication  on  an  Integrated  Maritime  Policy2  which  addresses  all  sea-related  policies 
and  activities  in  a  joined-up  way  as  a  means  to  promote  economic  growth  and  jobs  in  a 
sustainable manner.  

1.1. 

The Economic Context 

In  2005,  more  than  3billion  tonnes  transited  through  European  ports.  The  traffic  of  bulk 
products represented half of it. It increases at the same speed as our dependence on mineral 
energy products and particularly on liquefied natural gas. A thriving Ro-Ro traffic represented 
14% of the total. General cargo accounted for less than 10%. The container traffic in strong 
growth represented approximately one third.  

More significant, the total number of container movements (empty and full) in 2005 was 250 
million in the world, with more than a quarter in Europe. Experts predict for 2010 an increase 
of  50%,  half  of  which  will  be  direct  transport  of  full  boxes,  about  20%  of  empty  boxes 
reflecting  asymmetrical  flows,  and  the  remainder  with  one  or  more  intermediate  harbour 
transfers. Ships servicing direct lines are increasingly larger, and unload freight in transit ports 
with  deep  water  depth;  from  there,  one  or  more  feedering  steps  with  smaller  ships  ensure 
delivery  through  smaller  ports  closer  to  the  final  recipient.  This  development  has  to  be 
encouraged  as  it  allows  a  greater  use  of  the  maritime  mode,  a  better  diversification  of 
unloading points, and a shortening of congested land transport.  

It is however fundamental to note that 30 % of the movements in Europe in 2005 took place 
in the ports of Rotterdam, Antwerp and Hamburg. On the other hand, the quantities handled 
by the 9 larger ports of the Mediterranean only make up 20% of the total. This distribution of 

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COM(2006) 314. 
COM(2007) 575. 

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trade  and  hinterland  traffic  is  expected  to  be  confirmed  by  the  figures  of  2006  and  2007. 
Prevailing costs and charges of different modes of transport together with the available offer 
of  suitable  transport  infrastructure  to  a  large  extent  explain  the  current  pattern  of  trade  and 
transport flows in Europe.  

1.2. 

Challenges for the European Ports System 

Ports face the following challenges: 

•  A  demand  for  international  transport  amplified  by  its  low  cost  and  growing  quicker  than 
economic  growth;  it  is  interesting  to  note  that  investors  from  all  venues  and  origin  are 
indeed now attracted by the appealing future of ports. 

•  A  major  technological  change,  marked  by  the  development  of  container  transport,  more 
effective,  faster,  safer,  and  cleaner  operation  of  ports,  but  for  which  a  major  adaptation 
effort in land acquisition and management, in technology and social issues is required from 
our ports and the cities hosting them. At the same time, the necessary use of IT, navigation, 
and  telecommunication  technologies  requires  adaptation  and  training  so  as  to  continue 
offering prospects for productivity and new jobs. 

•  The  commitment  to  reduce  greenhouse  gases  and  the  current  problems  with  air  quality 
calls  for  a  decrease  in  harmful  emissions  and  road  congestion  effects  of  each  tonne-
kilometre  transported,  and  for  modal  diversification  towards  rail,  inland  navigation  and 
maritime transport. It will lead to a better geographical distribution of land transport and to 
a better use of existing port capacities. 

•  The  necessity  to  develop  a  recurrent  dialogue  on  performance  and  development  of  ports 
between  port  stakeholders  and  within  the  city,  the  region,  and  beyond  where  necessary. 
Dialogue is of primary importance as it can ensure social acceptance, efficiency, improve 
the image of ports, achieve a better spatial organisation for urban functions, recreation or 
tourism; an approach based on dialogue with stakeholders can help to achieve sustainable 
activity within ports as well as better employment opportunities and conditions..  

•  Last  but  not  least  the  need  to  reconcile  ports'  development  and  management  with 

transparency, competition, and in general the Community set of rules. 

II. ISSUES AND ANSWERS 

1. 

PORT PERFORMANCE AND HINTERLAND CONNECTIONS 

Overall, Europe's biggest ports can be considered efficient in economic terms; their maritime 
set up, openness, organisation of calls, and berthing of ships (the main source of revenue) are 
usually commendable; in many ports, however, there are still bottlenecks, such as mismatches 
in storage and un/loading capacity, unsatisfactory terminal layout and output per unit area of 
installed  capacity,  inefficient  routings  and  access  from  sea  or  land,  long  waiting  time,  and 
insufficient security for trucks, trains and barges, unsatisfactory labour conditions and output, 
and last but not least, excessive administrative requirements which prove to be costly in terms 
of time and money.  

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Having a good situation and site on the sea or water side, and delivering reliable services at 
reasonable prices is therefore not enough. On the land side, reliable and sustainable hinterland 
connections are a key to the capacity rating and future of a port. Significant improvements in 
this field are necessary and possible.  

In summary, the first options to cope with increased demand for port capacity should be: 

•  To increase port efficiency and productivity rates, in terms of output or movements per ha 
of  existing  terminals  space  and  throughout  the  access  routes.  New  port  equipment  and 
timed appointments at terminals for trucks, trains, and barges, together with an integrated 
management  of  the  transport  chain  at  least  through  the  port  from  sea  to  inland  carriers, 
would  certainly  solve  a  number  of  problems.  Operations  and  cargo  management  systems 
and  software  will  certainly  contribute  to  smoothing  the  interfaces  between  modes  and 
operators, and contribute to increasing output. 

•  To  explore  alternative  transport  routes  as  a means  to  achieve  a  more  intensive  use  of  all 
existing  ports  -  some  of  which  are  operating  under  capacity  levels  -  and  to  have  them 
nearer to users. Market proves that daily and quick intra-EU connections, by either  short 
sea shipping or feedering services are a sustainable option for many ports.  

Those perspectives to port expansion should be properly assessed before new infrastructural 
developments are envisaged. Thus, developments need to be discussed with all stakeholders, 
and  then  planned  and  executed  on  the  basis  of  a  large  consensus.  Reaching  a  consensus  on 
them  would  indeed  be  easier,  if  ports'  Master  Plans  were  regularly  updated  after  broad 
consultation and at all levels. The construction of major new port facilities or the substantial 
expansion of existing ones should be primarily based on a sound economic assessment of the 
effect that the envisaged development will have on transport flows. This would also lead to a 
more  rational  distribution  of  traffic  across  Europe.  Even  though  such  a  better  distribution 
cannot obviously be "enforced" by regulatory means, it would certainly suit today's concerns 
on sustainability of transport. 

The Commission intends at this stage to leave this matter to regional and national authorities 
and to the market. 

For  its  part,  the  Commission  intends  to  evaluate  ports  hinterland  connections  status  and 
needs and their impact on a balanced network of traffic flows on the occasion of the mid-term 
review of the trans-European transport network in 20103  

2. 

EXPANDING CAPACITY WHILE RESPECTING THE ENVIRONMENT  

2.1. 

Development of new, or improvement of existing facilities 

Once  the  above  assessments  have  been  made,  the  conclusion  might  be  that  an  increase  in 
capacity  is  needed  through  improvement,  extension  or  construction  to  allow  increase  of 
maritime and fluvial transport. This need arises when: 

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Article 19 of Regulation (EC) 680/2007. 

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•  Ports require both adequate facilities and appropriate connections with the hinterland. For 
historical  reasons,  ports  and  port  equipment  were  simply  not  conceived  nor  built  to 
accommodate modern ships of all cargo types, and indeed containers; let alone the volume 
of traffic.  

•  A  new  sustainable  modal  shift  away  from  the  road  transport  mode  towards  inland 
waterways  or  maritime  navigation,  such  as  a  Motorway  of  the  Seas,  has  been  positively 
identified.  

•  Adequate port infrastructure needs to ensure a better energy security of supply and enhance 
competitiveness  of  those  industries4.  They  may  also  constitute  alternatives  to  traditional 
supply infrastructure.  

•  Because it is necessary to redevelop the port area of the city, and/or shift the port industry 
and related hinterland traffic, for environmental and security reasons, away from the city-
centre.  The  city  can  then  plan  for  a  better  use  of  areas  particularly  fit  for  its  citizens, 
passenger  transport,  cruise  tourism,  cultural  or  indeed  residential  or  other  economic 
activities. 

In  such  cases  public  authorities  will  then  need  to  consider  which  options  for  further 
development  would  best  serve  the  public  interest.  Community  rules  on  the  environmental 
protection  then  apply,  such  as  the  Habitats5,  Birds6,  Water  Framework7  and  Waste8 
Directives.  

Ports  are  both  strategic  gateways  for  supplies  of  goods  and  energy  (e.g.  LNG9),  and  key 
economic  clusters.  They  need  investments  from  public  and  private  sectors  that  need  a  fair 
degree of legal certainty.  

Legal  uncertainty  was  mainly  claimed  by  stakeholders  in  relation  to  the  Birds  and  Habitats 
Directives. The Commission is aware of the difficulties that may arise on the occasion of the 
implementation of these directives with regard to port infrastructures.  

The  Commission  has  already  published  several  guidance  documents  to  support  Member 
States  in  implementing  the  environment  directives,  and  citizens  and  stakeholder  in  better 
understanding  them.  The  Commission  will  issue  guidelines  on  the  application  of  the 
Community environment legislation to port development.10 

2.2. 

Ensuring adequate waste facilities 

Directive  2000/59/EC  on  port  reception  facilities  aims  at  reducing  discharges  of  ship-
generated waste and cargo residues into the sea. The effective implementation of the Directive 
by Member States still needs to be pursued.  

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COM(2007)1. 
Directive 92/43/EEC. 
Directive 79/409/EEC. 
Directive 2000/60/EC. 
Directive 99/31/EC. 
COM(2006) 846 and SEC(2007) 1283. 
See COM(2007) 575 and SEC(2007) 1278. 

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Based on the evaluation of the implementation reports of the Member States, of assessments 
carried  out  since  the  entry  into  force  of  the  Directive  and  of  the  results  of  the  European 
Maritime Safety Agency (EMSA) monitoring visits, the Commission will consult the interested 
actors  on  means  to  improve  the  existing  mechanism  of  the  Directive  and  its  harmonised 
implementation and come forward with an appropriate proposal. 

2.3. 

Proper management of water bodies and sediments  

Together  with  other  stakeholders,  ports  located  along  rivers  or  estuaries  should  be  actively 
involved  in  the  consultations  on  river  basin  management  issues,  inter  alia,  in  the  context  of 
drafting  the  river  basin  management  plans  required  by  the  Water  Framework  Directive 
(2000/60/EC). The same applies to maritime ports along the coastline in respect of the quality 
of coastal waters, sediment drift along the coast and the use of waterfronts, e.g. in the context 
of integrated coastal zone management. Similarly, the necessity to prevent soil pollution must 
be addressed at all times and in particular when improvements or new facilities are made or 
built upstream, and in ports. 

2.4. 

Improve air emissions 

Air quality is a concern in most of the larger ports. Significant reduction of air pollution from 
ships and hinterland transport from/to ports is essential for a sustainable growth. The Council 
has agreed on a reduction of at least 20% of greenhouse gases by 2020. This will also require 
a reduction in CO2 emissions from shipping. Measures to achieve this should take account of 
developments  at  an  international  level.  The  IMO  has  made  a  commitment  to  setting  more 
stringent emission limits in 2008. The Commission will support actively international efforts 
to  diminish  greenhouse  gas  emissions  from  ships,  and,  in  the  absence  of  progress  in  such 
efforts, consider possible options for EU measures in this regard. 

The solution of the supply of electricity by ports for ships being at dock is under consideration 
by  the  Commission11.  This  solution  should  be  considered  first  for  ships  on  regular  voyages 
such  as  ferries  or  short  sea  shipping  or  Motorways  of  the  Sea  vessels.  The  Commission 
intends to make proposals to reduce the levels of air pollution from ships in ports, namely by 
removing tax disadvantages for shore side electricity. 

The Commission is committed to reducing air pollution and greenhouse gas emissions from 
shipping and will contribute to establish measures aimed at reducing these emissions in ports, 
including through appropriate incentives. 

3. 

MODERNISATION  

New  systems  conceived  for  maritime  safety  or  security  purposes  such  as  SafeSeaNet,  AIS 
(automatic identification), and LRIT (Long-range Identification and Tracking), coupled with 
modern  telecommunications  are  or  will  soon  be  mandatory;  they  will  substantially  improve 
the ship-shore relationship. This is not indifferent for ports and public administrations therein. 
A  ship's  voyage  and  approach  can  now  be  tracked.  Ports  and  the  maritime  cluster  at  large 
must benefit from this progress12. 

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See COM(2007) 575. 
See http://www.marnis.org  

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3.1. 

Simplification of procedures for Short Sea Shipping 

EU legislation applies customs supervision to maritime transport between Member States as 
the ports of departure and arrival located in the EU are part of the external border where third 
country goods and Community-cleared goods come together. Therefore the supervision also 
exists  when  the  vessel  carries  Community-cleared  goods  although  simplified  customs 
procedures are available for those ships that only carry these goods. 

In those cases it is important that the administrative procedures are as simple and streamlined 
as  possible.  This  will  not  only  reduce  delays,  uncertainty  of  schedules,  costs,  and  improve 
confidence in short sea shipping, but also create new opportunities for ports and give raise to 
the  creation  of  Motorways  of  the  Sea.  The  Commission  has  proposed  the  creation  of  a 
paperless environment for customs and trade, including a single window for the submission of 
data. Modern tracking facilities will be key to making this possible.13 

Shipping remains at a disadvantage compared to other means of transport. A vessel travelling 
between  two  EU  ports  is  subject  to  more  complex  and  time-consuming  procedures  than  a 
truck would be, because a real internal market for maritime transport in Europe does not yet 
exist. In order to unlock the full potential of Europe's shipping industry this disadvantage of 
maritime  transport  compared  with  the  other  modes  must  be  eliminated  through  the 
simplification of administrative and customs formalities for intra-EU maritime services. 

As announced in its Integrated Maritime Policy for the Union14 and the Mid-term Review of 
the White Paper on Transport Policy15, the Commission will present a legislative proposal on 
the creation of a European Maritime Transport Space without Barriers in 2008. 

The Commission has proposed the creation of a paperless environment for customs and trade, 
including a single window for the submission of data. 

As announced in its Integrated Maritime Policy for the Union and the Mid-term Review of the 
White Paper on Transport Policy, the Commission will present a legislative proposal on the 
creation of a European Maritime Transport Space without Barriers in 2008.  

3.2. 

Development of an e-maritime approach 

the  relevant  administrations.  The 

Beyond short sea shipping, the administrative treatment of a ship needs improvement. Single 
windows  must  be  developed  from  where  clearance  of  documents  and  controls  can  be 
coordinated  by 
the  ship-shore 
communications, contacts with the previous port of call and port-logistics software involving 
both  public  and  private  stakeholders  will  allow  for  the  development  of  port  integrated 
systems.  They  will  improve  clearance  of  goods,  better  plan  the  transfer  to  inland  transport, 
reduce  pressure  on  port  space,  and  be  a  key  tool  for  seafarers,  ship,  port  services  and 
planning. 

improvement  of 

The Commission intends to publish in 2009 a policy document on the deployment of this "e-
maritime".  This  approach  is  directly  related  to  "e-Freight"  and  the  ongoing  "e-Customs" 

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COM(2005) 608. 
COM(2007) 575. 
COM(2006) 314. 

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initiatives  and  will  fully  benefit  from  the  modern  Information  and  Communications 
Technologies (ICT). 

3.3. 

Improving Performance 

New technological innovation related to port equipment, such as automated stacking cranes, 
rail-mounted gantry cranes, automated container terminals, and twin and tandem lifting will 
also have an important role to play in making Europe's ports more efficient.  

The EU Research Framework Programmes, in particular FP7, support relevant research and 
innovation on port infrastructure and operations. 

Cooperation between ports and especially between those close to each other is most welcome, 
as it can lead, inter alia, to specialisation in cargo or ship types, and organisation and pooling 
of hinterland transport facilities. It would certainly lead in many cases to an improvement in 
output. 

Lastly, the efficiency of transport chains and their hubs such as ports is crucial for logistics 
performance.  Indicators  already  exist  for  combined  transport  on  rail,  air  transport  and  short 
sea shipping. However, no common system of such indicators so far exists across modes.  

The  Commission  intends  to  develop  with  stakeholders,  by  the  end  of  2009  a  set  of  generic 
European indicators allowing further specification at local level. 

4. 

A LEVEL PLAYING FIELD – CLARITY FOR INVESTORS, OPERATORS AND USERS 

4.1. 

The role of port authorities 

The set-up of port management varies considerably across the Community. In some Member 
States ports are managed by private entities which own port land (or avail themselves of rights 
similar to those of an owner). Those ports are entirely private businesses. In the other cases – 
a large majority in continental Europe – ports are managed by public entities or undertakings. 
Those  entities,  which  can  be  designated  as  'port  authorities'  (irrespective  of  the  names  they 
have under national law), more and more benefit from a high degree of autonomy in taking 
operational  decisions  as  well  as  of  financial  autonomy  from  public  authorities.  Moreover, 
while some port authorities provide cargo-handling and/or technical-nautical services, others 
focus on management and development; the Commission does not intend to intervene in order 
to harmonise this heterogeneous scenario. In fact, it is at the national/local level that the best 
setting  for  port  management  can  be  shaped.  However,  the  Commission  recognizes  that  the 
important tasks of port authorities can be better fulfilled if they enjoy a sufficient degree of 
autonomy.  As  for  financial  autonomy,  in  particular,  the  Commission  recalls  that  it  is  a  pre-
requisite for allowing an efficient allocation of investments and, in the end, for allowing ports 
to develop.  

4.2. 

Public Financing – Transparency 

Although it cannot be said that there is competition between all ports in all cases, competition 
between some of them, and competition inside ports can be significant and calls for a level-
playing field. In this respect, one of the issues to be addressed is public financing to ports. The 

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Commission  will  establish  a  general  legal  framework  as  port  stakeholders  are  requesting. 
Clarity in financing will also be an incentive for port investment. 

The Commission will adopt guidelines on State aid to ports in 2008. 

Moreover,  information  relating  to  funds  that  public  authorities  make  available  to  any  port 
should  be  transparent.  Under  Directive  2006/111,  this  obligation  already  exists  but  only  for 
ports  whose  annual  earnings  are  above  EUR  40  million  per  year.  Since  a  large  number  of 
ports – some are very important for their Member State and indeed for European transport as 
a whole – are below this threshold, the latter should no longer apply to the ports sector.  

The Commission plans to take measures towards extending the provisions on transparency of 
Directive 2006/111/EC to all merchant ports, irrespective of their annual turnover. This will 
allow  for  a  complete  picture  of  financial  flows  from  Member  States'  public  authorities  to 
ports. 

4.3. 

Port Concessions 

In most cases access to port land is a precondition for providing cargo-handling services. Such 
services may be based on different legal arrangements. They may be directly provided by port 
authorities  or  by  third  parties,  such  as  concessionaires.  There  is  currently  no  Community 
secondary legislation on service concessions in the field of ports or other terminal facilities.16 
It  has  been  emphasized  by  the  Commission  in  its  communication  on  concessions  of  200017 
that  "this  does  not  mean  that  concessions  are  not  subject  to  the  rules  and  principles  of  the 
Treaty".  

In particular, the relevant case-law of the Court of Justice has pointed out that, when Member 
States  grant  service  concessions,  which  are  not  covered  by  the  Directive  on  public 
procurement, public authorities are bound by an obligation of transparency implying that their 
initiative is adequately advertised, that the procedure is fair and non discriminatory and that it 
can be reviewed. Such obligation of transparency consists in ensuring, for the benefit of any 
potential tenderer, a degree of advertising sufficient to enable the concession to be opened up 
to competition and the impartiality of the selection procedure to be reviewed 18.  

The Commission considers that the above obligation applies when Member States' authorities 
decide to entrust a third party with a portion of port land for the provision of cargo-handling 
services. The respect of transparency obligation does not hinder port authorities from setting 
selection  criteria  which  reflect  the  commercial  strategy  and  development  policy  of  a  given 
port that will be the basis for granting the concession. Moreover, the Commission has outlined 
in an interpretative Communication that the obligation of transparency directly derived from 
the  EC  Treaty  applies  only  to  contract  awards  having  a  sufficient  connection  with  the 
functioning  of  the  Internal  Market,  and  that  the  Court  of  Justice  has  considered  that  in 
individual cases, because of special circumstances, such as a very modest economic interest at 

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Article 18 of Directive 2004/17/EC and Article 17 of Directive 2004/18/EC. 
Commission interpretative communication on concessions under Community law (2000/C 121/02). 
Judgment of the Court of 7 December 2000, Telaustria, Case C-324/98, Point 60 and 62, and Judgment 
of the Court of 13 October 2005, Parking Brixen, Case C-458/03, Point 49.  

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stake,  a  contract  award  would  be  of  no  interest  to  economic  operators  located  in  other 
Member states19. 

Concerning  the  length  of  the  concessions,  as  has  been  pointed  out  in  the  mentioned 
communication  on  concessions,  their  duration  must  be  set  so  that  it  does  not  limit  open 
competition beyond what is required to ensure that the investment is paid off and there is a 
reasonable return on invested capital, whilst maintaining a risk inherent in exploitation by the 
concessionaire20.  It  should  also  be  noted  that,  when  a  concession  expires,  renewal  is 
considered equivalent to granting a new concession, and is therefore covered by the principles 
set out above21.  

The Commission considers that provisions that can be introduced in concessions agreements 
aiming  to  ensure  that  the  terms  of  the  concession  are  respected  and  protect  the  legitimate 
interests  of  ports  and  local  communities,  notably  with  regard  to  overall  quality  and 
performance  of  port  services,  are  acceptable,  provided  that  they  do  not  infringe  the  Treaty 
rules or Community legislation. 

A  clarification  is  needed  on  the  rights  of  workers  in  case  of  transfer  of  activity  further  to  a 
selection procedure  

If an undertaking takes over certain activities previously carried out by another undertaking, 
subsequent  to  the  award  of  a  concession  or  public  contract,  Directive  2001/23/EC22  may 
apply23. Indeed, for a "transfer" within the meaning of the Directive to occur, two conditions 
must be met: a) the employer must have changed; and b) the transferred entity must retain its 
identity. Retention of identity is marked both by the continuation by the new employer of the 
same  activities  and  by  the  continuity  of  its  workforce,  management  and  organizational 
patterns.  These  are,  however,  merely  single  factors  in  an  overall  assessment  which  must  be 
made and can not therefore be considered in isolation24. If those requirements are fulfilled on 
the  occasion  of  a  tender  procedure  or  privatisation  of  port  services,  Directive  2001/23/EC 
shall apply.  

4.4. 

Technical-nautical services 

Technical-nautical  services  are  pilotage,  towage  and  mooring.  Often  those  services  are  also 
linked to port safety. This link is much stronger in the case of pilotage and towage than with 
regard  to  mooring.  Such  activities  may  either  be  provided  by  the  public  administration  or 
constitute services of general economic interest.  

Against  this  background,  it  should  be  recalled  that  under  Article  86(2)  of  the  Treaty, 
undertakings entrusted with tasks of general economic interest are subject to the Treaty rules 
on  competition  and  on  internal  market  as  long  as  the  application  of  such  rules  does  not 

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Commission interpretative communication on the Community law applicable to contract awards not or 
not fully subject to the provisions of the Public Procurement Directives, C 179, 01/08/2006, pp. 2-7. 
See communication on concessions (2000/C 121/02), Paragraph 3.1.3. 
See 2000/C 121/02, Paragraph 2.4. 
Council Directive 2001/23/EC. 
Point 3.2.1.2 of COM(2001) 566.  
It should also be recalled that in a case of change of contractor the Court of Justice has held that the fact 
that  the  tangible  assets  taken  over  by  the  new  contractor  did  not  belong  to  its  predecessor  but  were 
provided  by  the  contracting  authority  cannot  preclude  the  existence  of  a  transfer  of  an  undertaking 
within the meaning of the Directive (. Judgment of the Court. Abler, Case C-340/01 ECR I-14023). 

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prevent them from effectively fulfilling their tasks. In this context, according to the principle 
of  proportionality,  the  means  used  to  accomplish  the  general  interest  mission  can  limit  the 
freedoms of the internal market only to the extent necessary to guarantee the fulfilment of the 
mission25.  

In the current state of Community law and jurisprudence, the Treaty principle of freedom of 
establishment  applies  to  technical-nautical  services.  Legal  monopolies  for  technical-nautical 
services may encroach upon this freedom and, in such cases, they can only be justified to the 
extent that they are necessary and proportionate for the provision of the service in question. In 
those cases a transparent procedure has to be carried out for the selection of the operator. This 
requirement  is  fulfilled  if  adequate  European  wide  publicity  is  given  to  the  selection 
procedure  and  the  impartiality  of  the  selection  procedure  can  be  reviewed.  Exclusive  rights 
should not be granted for excessive periods, regard taken of the need to ensure a reasonable 
return on invested capital, whilst maintaining a risk inherent in the provision of the service. 
Regarding  pilotage,  in  particular,  the  Commission  considers  that  granting  exemptions  from 
mandatory pilotage for frequent users, when safety is ensured should be granted as it would 
reduce  the  costs  of  maritime  transport  and  make  it  more  attractive,  in  particular  short  sea 
shipping. Technological innovation should be taken into consideration when assessing this. In 
this respect, remote pilotage may become a valuable option in the future, to be developed in 
the framework of e-maritime.  

A further point should be  made  for  the provision  of  mooring  services.  The  Court  of  Justice 
has held that restrictions to the free provision of this service may be justified26. It should be 
noticed,  however,  that,  even  in  this  case,  restrictions  to  the  provision  of  the  service  are  not 
necessarily  always  indispensable.  Where  the  free  provision  of  mooring  is  not  capable  of 
undermining the pattern of the universal service – this may, for instance, be the case in big 
ports with several terminals -, free access to this activity should be ensured27. 

4.5. 

Cargo-handling 

Cargo-handling has significantly evolved during the last years. It has become a service based 
on  advanced  technologies  and  is  now  much  less  labour-intensive.  Its  role  has  also  evolved, 
along  with  the  role  of  ports,  gateways  in  the  logistic  chain  and  not  only  the  starting  and 
ending points of a maritime trade. Cargo-handling is performed according to different settings 
across  the  Community  and  even  within  one  Member  State.  Port  workers  are  often  directly 
employed by terminal operators, while in some ports they are contracted via "pools", entities 
in charge of recruiting and training port workers.  

Like  cargo-handling  in  general,  pooling  arrangements  can  be  very  different  across  the 
Member  States.  Moreover,  they  can  be  based  on  national  or  local  legislation  or  entirely 
governed  by  local  practices.  The  Treaty  rules  on  freedom  of  establishment  and  freedom  to 
provide services can fully apply to the activities carried out by the pools  

Pools  often  provide  sound  training  to  workers  and  are  an  efficient  tool  for  employers. 
However,  such arrangements should not be  used to prevent suitably qualified individuals or 
undertakings from providing cargo-handling services, or to impose, on employers, workforce 

25 

26 
27 

Communication from the Commission — Services of general interest in Europe, C 017, 19/01/2001 P. 
4. Point 23.  
Judgment of the Court - Corsica Ferries, Case C-266/96.  
See Judgment of Court Paul Corbeau, Case C-320/91. Points 18 and 19.  

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that they do not need, since this could under certain circumstances fall foul of the Treaty rules 
on the Internal Market, and in particular of Article 43 on freedom of establishment and Article 
49 on freedom to provide services. 

4.6. 

Port dues 

When using ports, shipowners have to pay several fees, some for the use of the port as such, 
others for services provided by terminal operators, pilots, tug-operators, moorers, etc. Single 
billing  windows  would  simplify  users'  operations.  Only  the  fees  charged  for  the  use  of  the 
general port infrastructure will be briefly addressed below ("port dues"). 

Port dues and their possible ancillary fees are made publicly available in most cases today, in 
particular  on  the  internet.  This  is  in  the  interest  of  ports  themselves.  The  problem  is  that, 
although  available,  those  fees  are  sometimes  unclear  to  customers  and  very  difficult  to 
calculate  in  practice.  The  Commission  insists  on  the  need  for  more  clarity  on  the  different 
items that compose port dues, as well as on more transparency in their relation with relevant 
costs. Obsolete criteria for tarification discriminating ships used for short sea shipping should 
be overcome. This is also true for all services provided to them. 

The Commission will help disseminating best practices on transparency in port charges. 

Port charging can also be a policy instrument for encouraging the use of less polluting ships 
as  already  provided  in  Directive  2000/59/EC,  the  Commission  is  in  favour  of  such  a 
sustainable approach.  

4.7. 

Competition with third countries 

Competition with Member States' ports by ports in third countries is a concern expressed by 
some European ports. This is especially the case of some EU ports close to non-EU ones, as 
well as in relation to hubs. Lower levels of environmental constraints and social rules, fiscal 
dumping,  public  financing  for  hinterland  connections,  discriminatory  charging  practices  for 
the use of hinterland connections, can distort fair competition and put the continuity of deep-
sea activities at risk in different parts of the EU. The permanent transport dialogue between 
the  EU  and  Russia  is  an  example  of  a  forum  that  allows  to  address  such  issues.  Bilateral 
agreements  on  maritime  trade  as  they  have  been  concluded  with  China  or  others  is  another 
example  on  how  those  matters  can  be  actively  dealt  with.  Cooperation  with  those 
neighbouring countries should be encouraged and guided by the need to establish harmonious 
conditions of competition. 

The  Commission  will  make  an  inventory  of  the  problems  encountered  with  a  view  to 
addressing them in Community external relations when needed.  

5. 

ESTABLISHING A STRUCTURED DIALOGUE BETWEEN PORTS AND CITIES  

The relationship between cities and their ports remains one of interdependency and should be 
ruled by long-term strategic vision and planning. It is therefore important to both the port and 
to  the  city  to  strengthen  their  association.  Promoting  the  image  of  European  ports  and 
providing greater public access to them are subjects to be mainly left to the ports themselves, 
regions and Member States. However, the Commission will examine how to cooperate with 
and enhance co-operation between those authorities and stakeholders in order to improve the 

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image of ports and their integration with "their" cities. This can be done at the level of city 
planning,  for  example  in  terms  of  collective  transport  offer  –  but  also  by  organizing  port 
festivities, open days, or similar activities. We must try to reconcile port activity with culture, 
sea-related  tourism  and  city-development  at  large.  There  is  also  need  to  preserve  Europe's 
maritime identity, a field in which ports can have a considerable role to play since they have 
served for centuries as nodal points not only for transportation but also as meeting points of 
different  civilizations.  This  process  should  also  help  better  integrating  ports  into  cities  and 
city life. 

The  Commission  has  proposed  in  its  communication  on  the  integrated  maritime  policy  the 
enactment of a European maritime day which will launch a week of events aimed at raising 
the visibility and enhancing the image of the maritime sector. It wishes to further propose a 
European  ports  open  day  during  that  week  which  would  give  the  occasion  for  the  general 
public to assess, and understand better port community work. 

It will examine possible sources of finance for supporting the improvement of the integration 
of ports with cities within the existing envelopes. 

Two  specific  matters  relating  to  the  relationship  between  ports  and  cities  are  especially 
relevant from a Community perspective: environment and security.  

In  fact,  one  of  the  reasons  why  ports  are  often  criticized  by  the  local  community  is  their 
impact  on  congestion  and  the  environment.  It  has  already  been  indicated  above  that  the 
possible increase of congestion in port-neighbouring areas should be properly assessed when 
planning  port  developments  and  that  efforts  should  be  made  by  ports  and  the  maritime 
industry in order to reduce pollution generated by ships in ports.  

As  for  security,  protection  against  terrorism  and  crime  has  made  port  areas  much  less 
accessible  than  a  few  years  ago,  so  reducing  the  possibilities  for  the  people  to  be  in  close 
contact with everyday's port business. . 

In  the  context  of  ongoing  work  on  maritime  and  port  security,  the  Commission  considers 
assessing the impact of security measures and provide guidance on how to reconcile the need 
for  sound  security  measures  with  a  fair  degree  of  openness  and  accessibility  to  port  areas. 
The review of legislation on maritime and port security will provide an opportunity to assess 
port  access  requirements  and  to  examine  the  development  of  a  European  model  for  multi 
purpose access cards  

6. 

WORK IN PORTS 

6.1. 

Dialogue 

Different  arrangements  for  stevedoring  exist  in  European  ports.  The  Commission  considers 
that  a  dialogue  between  stakeholders  can  contribute  significantly  to  a  better  understanding 
between  the  parties  concerned  and  a  successful  management  of  change.  In  this  context, 
dialogue between the social partners can play a particularly powerful role towards more and 
better jobs in the ports sector. The Commission welcomes all initiatives aiming at undertaking 
or  promoting  a  dialogue  between  stakeholders  at  different  levels,  including  the  initiatives 
already taken by some ports at local level providing models for "best practices". The recent 
agreements  concluded  between  all  stakeholders  in  the  ports  of  Dunkirk  and  Valletta  are  a 

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demonstration  of  this.  Furthermore,  the  Commission  will  encourage  a  structured  social 
dialogue at European level.  

The  Commission  will  encourage  the  establishment  of  a  European  sectoral  social  dialogue 
committee in ports within the meaning of Commission Decision 98/500/EC28 .  

If such a committee is established, the Commission will promote an active contribution of the 
social partners to management of change, modernisation and more and better jobs.  

6.2. 

Training 

There  are  currently  no  specific  Community  rules  on  training  for  port  workers.  The 
Commission recognizes that training of port workers has become of primary importance for 
the  safe  and  efficient  operation  of  ports.  Port  equipments  have  become  technologically 
advanced  and  often  complex  tools.  Work  in  port  has  consequently  evolved  and,  as  the 
consultation has shown, a set of common requirements for training of port workers should be 
established at Community level. This will also enhance the mobility of European port workers 
by means of the mutual recognition of their qualifications. 

At a Community level Directive 89/391/EEC29 (the "Framework" Directive) lays down rules 
on  safety  and  health  related  training  of  workers  which  fully  apply  to  work  in  ports.  In  this 
respect,  Directive  89/391/EEC  sets  the  responsibility  of  the  employer  to  ensure  that  each 
worker receives adequate training on safety and health matters.  

The Commission will propose a mutually recognizable framework on training of port workers 
in different fields of port activities.  

6.3. 

Health and Safety at Work 

At  the  European  Union  level,  the  general  rules  for  the  protection  of  health  and  safety  of 
workers  at  work  are  laid  down  in  the  above-mentioned  "Framework"  Directive,  which  has 
been  supplemented  by  19  individual  Directives  covering  specific  sectors  and  risks.  Most  of 
these directives are relevant for work in ports. Full respect and enforcement of these rules is 
crucial for improving working conditions. 

Furthermore,  in  February  2007  the  Commission  adopted  a  communication30  inter  alia 
encouraging a risk prevention culture at work which was supported by Council resolution31. 
As any other work environment, ports are covered by this communication. 

It should be noticed that a significant number of occupational accidents including fatal ones32 
still occur in ports.  

The  Commission  will  closely  monitor  the  implementation  to  ports  of  Community  rules  on 
safety and health of workers at work.  

28 
29 
30 
31 
32 

Commission Decision 98/500/EC 
Council Directive 89/391/EEC, Article 12. 
COM(2007) 62. 
Council resolution 2007/C 145/01. 
Three fatal accidents during the six month consultation process. 

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The  Commission  will  also  closely  follow  the  proper  collection  of  statistics  relating  to 
accidents  according  to  the  ESAW33  and  EODS34  methodologies  established  by  the 
Commission (EUROSTAT)35. 

III. CONCLUSION 

As  part  of  European  maritime  transport  this  communication  provides  a  framework  and  a 
number of related actions to be carried out, including an extended dialogue and interpretations 
clarifying the relevant Community rules. It will help concentrate the efforts so that Europe's 
ports can face the challenges of tomorrow, attract new investment and fully contribute to co-
modal  development.  The  Commission  calls  upon  all  public  and  private  stakeholders  to 
support  this  approach  and  looks  forward  to  a  continuation  of  dialogue  to  ensure  the  most 
harmonious development of EU ports. 

33 
34 
35 

ESAW means "European Statistics on Accidents at Work". 
EODS means "European Occupational Diseases Statistics". 
Cf. COM(2007) 46. 

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