2012 04-24 hanse office ports policy espo verhoeven


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2012 04-24 hanse office ports policy espo verhoeven

  1. 1. European Seaport Policy Patrick Verhoeven Port Integration Conference Hanse Office Brussels – 24 April 2012
  2. 2. Summary1. Evolution of EU ports policy2. Transport Policy White Paper 20113. Essential questions ports policy review4. Way forward
  3. 3. 1. Evolution of EU ports policy Signing of the Treaty establishing the European Economic Community Rome, 25 March 1957
  4. 4. Timeline1961 First call for EU ports policy (« Kapteyn report » Eur. Parliament)1974 Foundation of the « Community Port Working Group »1992 First Transport Policy White Paper1993 Foundation of ESPO1995 Communication on Short Sea Shipping1997 Green Paper on Sea Ports and Maritime Infrastructure2001 First « Ports Package » (rejected 2003) Ports become part of the Trans-European Transport Networks2004 Second « Ports Package » (rejected 2006)2007 Communication on a European Ports Policy
  5. 5. A sometimes bumpy road ...Dockers unions demonstrate in Brussels and Strasbourg against EU plans to open market access to port services (2003-2006)
  6. 6. Why did Ports Package I & II fail?• Ports Package I: – Consultation minimalist and no preliminary impact assessment – Focus only on proposal Directive market access to port services, no real ‘package’ (e.g. State aid guidelines missing) – Original proposal was ‘copy past’ airport ground handling Directive – Labour element (self-handling) became overrated symbol of resistance, leading to ‘unholy’ alliances against the entire Directive – Compromise for conciliation was acceptable to most parties but ultimate negotiation was rushed through• Ports Package II: – Commission introduced PPII in haste just before end of mandate – Proposal did not respect final compromise reached on PPI
  7. 7. All this time ports were subject to EU law• Case-law: – application EU Treaty rules – decisions European Court of Justice / European Commission – particularly with regard to competition and internal market – often far-reaching impact on port governance• Secondary legislation: – Directives and Regulations – in the fields of environment, safety, security, customs, ... – often not specifically written for ports but again far-reaching impact, e.g. for port development• Up to 2007 no coherent EU policy framework for ports
  8. 8. EC Ports Policy Communication 2007 EU Transport Commissioner Jacques Barrot opens the consultation on a new European ports policy at the annual conference of ESPO - Stockholm, 2 June 2006
  9. 9. ImplementationChapter Concrete proposals Realisationa) Performance of ports Review TEN-T (hinterland connections proposals issuedand connections hinterland ports) 2011b) Capacity development Guidelines application EU environment published 2011without harming the legislation on port developmentenvironmentc) Modernisation - Maritime Transport Space without Barriers pilot 2011 - performance indicators project 2011d) Level playing field - guidelines State aid studies - concessions horizontal proposal 2011e) Structured dialogue - ‘Open Ports Day’ (European Maritime Day) annualbetween cities and ports - support R&D projects ongoingf) Work in ports Social dialogue at EU level request in 2011
  10. 10. 2. White Paper on Transport 2011
  11. 11. Trans-European Transport Networks• Ports so far remained in the margins of TEN-T: – took until 2001 before they were part of TEN-T – identification of priorities major taboo – very little EU support as a result• New proposals bring ports centre-stage: – 80 + core network ports / port clusters – core network ports to have adequate hinterland connections by 2030 – multi-modal corridors start and end in ports – co-funding under CEF up to 20% (hopefully up to 40%) – approx. 300 comprehensive ports – comprehensive ports to have adequate connections by 2050
  12. 12. Ports Policy Review 8 September 2011: Commissioner Kallas confirms review during visit Rotterdam “We have to become harder”• Issues: - Administrative simplification (Blue Belt) - Transparency of port financing - Quality and market access port services• Timing: - 2012: consultation and preparation (studies) - 2013: results - Concrete content and form not determined yet
  13. 13. 3. Essential questions for the ports policy reviewa) Concessionsb) Public financing and State aidc) Technical-nautical servicesd) Port labour
  14. 14. a) Concessions• Question: “How can port authorities equitably allocate port sites and how can they guarantee quality of service and continuity of investment in a transparent manner?”• Issues: – Definition ‘concession’ and transparency implications – Proportionality: should one always tender ? – Discretionary powers port authority – Prolongation and overall flexibility of contracts• On-going initiatives: – Proposal horizontal Directive (DG Markt)
  15. 15. European port authorities using public selection procedures to contract out port land 28% 32% Always Only for plots of land that are of strategic interest Subject to other conditions Never 19% 21% Source: ESPO ‘Fact-Finding Report’ on Port Governance (2011)
  16. 16. b) Public financing and State aid• Question: “To what extent can governments contribute (in)directly to the financing of ports?”• Issues: – Long-standing request EP and port sector for State aid guidelines delayed because of different views within Commission – Port sector favours traditional distinction between basic infrastructure (no State aid) and project-related infrastructure and superstructure – Transparency of accounts• On-going initiatives: – Study commissioned by EP TRAN (published 2011) – Study commissioned by DG Competition
  17. 17. Access channels (dredging) Lighthouses, buoys, etc. Radar and other electronic aids to shipping Exterior breakwaters Sea locks giving access to port area Land reclamation for port works Docks, quays, jetties, including back-up land Warehouses, sheds, … Other buildings Fixed cranes Port authority Mobile cranes Government Other cargo-handling equipment Private operator Railway infrastructure inside port area Other Road infrastructure inside port area Combination Tunnels and bridges inside port area Not applicable Canals and navigable waterways inside port area Locks other than sea locks Pipelines inside port area Railway infrastructure outside port area Road infrastructure outside port area Tunnels and bridges outside port areaCanals and navigable waterways outside port area Locks other than sea locks outside port area Pipelines outside port areaSource: ESPO ‘Fact-Finding Report’ on Port Governance (2011) 30% 0% 10% 20% 40% 50% 60% 70% 80% 90% 100%
  18. 18. Accounting practices European port authorities Port authority maintains separate accountsPort authority accounts are kept to international accounting standards Port authority accounts are audited by an external auditor Yes Port authority publishes annual accounts NoPort authority has internal analytical accounting process Port authority has to provide for depreciation 0% 10% 20% 30% 40% 50% 60% 70% 80% 90%100% Source;: ESPO ‘Fact-Finding Report’ on Port Governance (2011)
  19. 19. c) Technical-nautical services• Question: “Under what conditions can technical-nautical services, and especially pilotage, be run as public service monopolies?”• Issues: – Qualification services of general economic interest – Modernisation of services (e.g. shore-based pilotage) – Mandatory use even if not required (pilot exemption certificates)• On-going initiatives: – Study on Pilot Exemption Certificates commissioned by DG Move
  20. 20. d) Port labour• Question: “To what extent are labour pools compatible with Treaty principles on free movement of services and persons?”• Issues: – Mandatory use of labour pools – Restricted access to port labour profession – Training and qualifications – Outdated and restrictive practices• On-going initiatives: – Study on port labour commissioned by DG Move – Set up of EU social dialogue
  21. 21. 4. Way forward• TEN-T: – Focus on EU value-added – Transparent criteria and selection of projects – EU governance to ensure deadlines are met – Adequate budget essential (min 32bn)• Ports policy review: – Legal certainty and level playing field – Focus on the essential questions – Avoid an all-embracing instrument – Intelligent combination of tools (‘soft + case’)
  22. 22. Thank you for your attention Patrick Verhoeven – Secretary General European Sea Ports Organisation (ESPO) vzw / asblTreurenberg 6 – B-1000 Brussel / Bruxelles - Tel + 32 2 736 34 63 – Fax + 32 2 736 63 25 patrick.verhoeven@espo.be – www.espo.be – @PVerhoevenESPO