COMMUNICATION FROM THE COMMISSION Ports: an engine for growth
Date: 2013-05-23
Institutions: European Commission
Subjects: economic growth, harbour installation, innovation, load, modernisation of industry, occupational safety, private investment, trans-European network, transport infrastructure, working conditions

EUROPEAN 
COMMISSION 

Brussels, 23.5.2013  
COM(2013) 295 final 

COMMUNICATION FROM THE COMMISSION 

Ports: an engine for growth 

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TABLE OF CONTENTS 

1. 

2. 

3. 

3.1. 

3.2. 

3.3. 

3.4. 

3.5. 

3.6. 

4. 

Introduction .................................................................................................................. 3 

Challenges .................................................................................................................... 3 

Strategy ........................................................................................................................ 6 

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

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

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

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

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

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

Conclusion.................................................................................................................. 15 

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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.  

CHALLENGES 

2. 
In  its  Communication  on  the  European  Port  Policy  in  20071,  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:  

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COM(2007)616 

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• 

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• 

In 2011, the Commission adopted a proposal for a Directive on Concessions2. 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  decline5.  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 20306. 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: 

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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 

COM(2011)897 
COM(2011)650 
COM (2011)665 
SWD(2013)181 
SWD(2013)181 

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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 
ironing7 and LNG). The Commission’s Clean Power for Transport initiative and the 
proposal  for  a  Directive  on  the  deployment  of  alternative  fuels  infrastructure8 
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  CBRN9  materials  Security  concerns  will  have  to  be 
continuously addressed in an appropriate manner10. 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 transit11. 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.  

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Use of shore-side supply of electricity by ships while calling 
COM(2013)17 and COM (2013)18 
N.B. Chemical, Biological, Radiological, and Nuclear 
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 
Resulting from trade between Member States and trade between a Member State and a non-EU country 
through another Member State. 

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STRATEGY  

3. 
After a long and detailed consultation process12, 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  methodology13.  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 ports14. Maritime transport infrastructures of the 
TEN-T have certain requirements, in particular: 

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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 

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For more details see SWD(2013)181 impact assessment 
See http://ec.europa.eu/transport/themes/infrastructure/doc/web_methodology.pdf 
The alignment of the corridors is proposed in the Connecting Europe Facility (COM(2011)650) 
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 

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In order to be eligible for funding for the period 2014-202016, 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  Auditors17  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 
Communication18,  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.  Typically19,  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 

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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. 
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. 
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?" 
In particular the provisions applying as from 1 July 2025. 
There  are  important  variations  depending  on  the  port,  type  of  trade,  etc.  See  SWD(2013)181  Impact 
Assessment. 

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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  Contracts20are 
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.  

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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. 
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 

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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 II22;  
-  the  further  harmonized  and  coordinated  implementation  of  Directive  2010/65/EU23  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  

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COM(2012)573 final of 3 October 2012 
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. 

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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 Justice24. 

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 

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25 

Cf case T-443/08 "Leipzig-Halle" 
15%–20% at dry bulk terminals; 40%–75% at general cargo terminals 

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In 16 Member States, as is the case in other sectors, port labour regimes depart from general 
labour law26. 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 TFEU27. 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 

26 
27 

Study on EU Port Labour (2013) 
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) 

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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  schemes30 
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 

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 
30 

ESPO Green guide  
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).  

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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 project31 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.  

31 

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

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