ESPO spouse the thesis of eurodeputato the German Fleckenstein on the access at the market of the harbour services



The association of the European ports spouse the thesis of eurodeputato German Knut Fleckenstein in topic of legislation for the harbour field, argument that is to the examination of the Parliament EU as a result of the specific advanced proposal the slid spring from the EU commission ( on 23 May 2013). The project of relation of the social democratic parliamentarian Fleckenstein is discussed today by the Commission for transport and tourism about the Parliament EU, of which the German deputy it takes part.

The European Sea Ports Organisation (ESPO) has evidenced that the proposal of Fleckenstein at the market receives some of the main worries about the new project of regulations in matter of access of the harbour services and of transparency financial institution of the ports expressed from the association in its answer last September to the proposal of the EU commission ( on 30 September 2013). Between the fears listed from the association, in particular - it has clarified ESPO - the project of relation of Fleckenstein receives the proposal to exclude dredging from the field of application of the regulations as - the introduced relation explains europarlamentare - "the dredging does not constitute a harbour service offered to the users. Draft rather than a job than maintenance of the harbour infrastructure intended to return the port accessible, that it is up to the agency of management of the port or to the competent authority. Therefore, the regulations under investigation would not have to be applied to the services of dredging (comparable to the icebreaker services, not included)".

Moreover ESPO appreciates the modalities with which the project of relation it previews to discipline the free performance of services, taking into consideration the specific situation of the port, Second the proposal advanced from Fleckenstein, in fact, the agency of management of the port must have among other things "the faculty to decide with respect to the imposition of obligation of public service to the aim to in future allow the maintenance of practical the existing ones. Moreover - the relation project specifies - it is opportune to preview the possibility to impose obligation of public service in the optical to guarantee safety and the environmental sustainability of the harbour operations"; it is also "opportune that to the agency of management of the port or to the competent authority is up the decision with respect to the performance free lance of a specific service".

The association of the ports of the EU appreciates moreover the precisazione that, in case of limitation of the number of the lenders of services, the agency of management of the port must institute a opened procedure, transparent, not discriminatory and that - as specific the project of relation - "the procedure of selection of which to the directive on the award of concession contracts it must be applied single if the contracts are adjudicated as concession", while in the other types of contracts - according to Fleckenstein - the selection procedure must respect the principles previewed from the regulations.

At last - for ESPO - this project of relation improves also the proposal of the EU commission recognizing that the Harbour Authorities must be able to fix the level of the harbour taxation taking into consideration their economic strategy and previewing a more pragmatic and less onerous approach regarding the independent organism of vigilance and the advisory committee of the users of the port. According to the relation project, "it is necessary to assure an adequate consultation of the users, but it is up to the port to decide if such consultation must be organized through the committee of the users of the port or through other modalities".

"Mr Fleckenstein - Isabelle Ryckbost has commented, ESPO general secretary - has visited various ports and has had various encounters with the representatives of the ports. Our associates appreciate very this open dialogue and recognize the efforts that the reporter has completed in order to know the European ports and the Harbour Authorities. The relation project shows as the reporter has understood the European ports and she has realized of their differences. Even if all the problems are not resolved, this relation is a first important step. The regulations on the ports - it has concluded Isabelle Ryckbost - continue to being an element of difficulty for our associates, but we will continue to converse with the reporter and the relatori shadow to the aim to improve the proposal ulteriorly".