The European ports industry continues to wait for further clarity over what new legislation – if any – the European Commission intends to introduce after a public hearing on Friday failed to shed much new light on the EC’s intentions.
The hearing had been highly anticipated in port circles, who expected that the EC would outline which areas of port operations are likely to be targeted in its ports policy review, and what type of mechanism – legislative or guidelines – it would use.
However, according to Livia Spera, political secretary for dockworkers and fisheries at the European Transport Workers Federation, the meeting was mainly used as a forum for the commission to reiterate that it was evaluating its options while its impact assessment is finalised, and thus formally end the review process that began in autumn 2011.
“The commission did confirm that there will be nothing in the new package that targets existing labour legislation, which is positive news for us, although it did say that it is likely to present something on technical services such as pilotage and mooring, and we will follow this because we do have members that work in those areas,” she told The Loadstar.
She said that the ETF was concerned that even if there was no formal legislation covering dockworkers produced by the EC’s transport department, DG Move, reform of dock labour had been pushed by other EU bodies.
“In Portugal, financial help offered to the port of Lisbon by the Troika was in return for reform of the labour arrangement in the port – this is why there was so much strike action in the country last year,” she said.
It is understood that the financial aid granted to Spain and Ireland in the wake of their sovereign debt crises also came with the condition of reforming port labour.
The commission also indicated on Friday that it would make a further presentation on the sector in summer, probably around June, and that it would continue to look into the issues of transparency and competition in the sector.
The European Sea Ports Organisation (ESPO), representing the continent’s port authorities, argued that the EC had still failed to convince the industry why new guidance or even legislation was necessary, when the existing “framework” for ports, which dates back to 2007, had not been given enough time to prove its effectiveness.
“We in any case fail to understand why issues like separation of statutory and commercial activities of port authorities, calculation of port dues and coordination of public investments are highlighted as major regulatory challenges,” added ESPO secretary general Patrick Verhoeven.
“We invite the commission to remain proportional. Enhanced legal certainty through guidance, combined with case-led action where manifest problems exist, can significantly help us forward. In addition, the commission should stimulate industry best practice and self-regulation,” he said.
European port policy creates mixed feelings
January 22, 2013
The European Commission organized a hearing in Brussels to the consultation on a new port policy in Europe to complete. The owners seem to be more satisfied than the ports.
It was a last chance for stakeholders to make their voices heard in the consultation, which European Transport Commissioner Siim Kallas (photo) in the fall of 2011 started pulling on a new port policy. The discussions at the hearing were made based on a discussion paper that the capabilities of a number of measures would scan on market access, exclusive rights, administrative procedures, financial transparency, state, port fees, etc.
The European port organization, who did agree to a revision of the 2007 dating current politics, does not see why the 'soft law' approach, which then served as the basis not just may be continued, subject to adjustments where in specific cases in order would appear.
"The Commission seems to consider that the approach of 2007 did not work. We would rather dare to say that this approach has been given no real chance," said Secretary General Patrick Verhoeven ESPO. "We certainly do not understand why certain issues are identified as being in urgent need of regulation."
The European shipowner organization ECSA is then that five or six years after the "soft law' approach is clear that this approach has not led to what could be expected of. "The four freedoms of the Treaty of Rome are still on the table to be applied and ECSA calls on the European Commission to its role as guardian of the four freedoms to play.
"Whether this should be done through 'soft law' or through direct individual legislative proposals is open to debate. We underscore that the theme of the revised port policy ('Unlocking the growth potential', ed) now action and dialogue require," added ECSA .
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