A key objective of the EC''s strategy for the development of ports is to establish clearer rules which set high quality standards for access to the port services market, and make procedures more transparent. Commercial port services" and in particular cargo handling, passenger services, towage, pilotage and mooring" are normally payable in addition to the fees charged for calling at a port. Charges for these services represent the bulk of the total costs of port visits for ships, and of port transit for cargo. They must be efficient, flexible, and competitively priced if shipping is to be cost-effective as a component of overall transport solutions, not just for the long-haul transport of bulk cargo but for an increasing range of containerised goods. This in turn requires a competitive market for these services, responsive to the changing needs of existing and potential customers.
Competition for the provision of port services has become much more open in recent years" but the process is far from complete. At most ports, services were traditionally provided by single, monopolistic operators, often owned or controlled by public authorities. Today, they have in many cases been wholly or partially opened to competition, and this has resulted in widespread improvements in quality and reductions in price.
This trend, though encouraging, is by no means universal. Although Community competition rules already apply to ports, fair rules on market access are needed to cover situations where the establishment of new services is limited by external factors" for example, by physical constraints on space.
In 2001, the Commission presented a proposal for a directive on market access to port services, as part of the communication Reinforcing quality service in sea ports: a key for European transport (COM(2001) 35 final), also known as the 'ports package'. Its aim is to establish clear rules and transparent procedures for access to the provision of port services. It also summarises Community rules on public funding and state aid for seaports, and reports on the current public financing and charging practices of EU ports. After its first reading by the European Parliament, the Commission adopted an amended proposal (COM(2002) 101 final) in February 2002.
The directive aims to establish a new legislative framework, including provision for: transparent, fair and objective procedural rules, using proportionate and non-discriminatory criteria" to ensure that every prospective operator has a fair and equal chance to benefit from opportunities in this growing market local circumstances ? while special local factors should continue to be accommodated, this must not be allowed to reduce or hamper market access.
