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The European Ports Policy

On 23rd May, 2013, the European Commission published the long-awaited Ports Package III. This followed two previous attempts by the Commission to liberalise port services that were both rejected by the European Parliament due to political pressure against the package, in particular by the trade unions and various European coastal regions.

This package includes a communiqué, "Ports: an engine for growth" and a proposal for a regulation on "Establishing a framework on market access to ports services and financial transparency of ports".

Significantly, this package does not include provisions on the adequacy of port reception facilities and does not propose the freedom to provide port services as far as cargo handling and passenger services are concerned. Port reception facilities (PRF) will therefore still be addressed in a review of the PRF Directive. In the context of the general modernisation of State aid rules, the Commission was due to clarify the rules applicable to port infrastructure financing by the end of 2013. Also, in the context of the general modernisation of State aid rules, the Commission is expected to clarify the rules applicable to port infrastructure financing.

Discussions of the proposal in the European Parliament encountered the same difficulties and finally, in March 2013, the Rapporteur on the proposal announced the postponement of the vote in the European Parliament until the new Parliament. He stated that three reasons had motivated his decision: time constraints; lack of compromise on the scope of the market access chapter; and the need to better understand the European Commission's intentions with regard to State aid rules applicable to ports.

At Council level there was a strong debate amongst Member States on whether to continue discussing the proposal or stop and wait for the EP, with the Commission insisting on the continuation. In the end it was decided to finish the first analysis of the text and that the Greek Presidency would produce a Progress Report for the June Transport Council meeting. It will then be up to the next Presidency, Italy, to decide whether it takes the file up again or waits for the EP first reading.