EU Air Transport Legislation

EU Air Transport Legislation

EC Directive on Market Access to Port Services

The aim of the proposed EC Directive on Market Access to Port Services is to remove restrictions that hamper access for actual or potential port service operators; ensure a more systematic application of Treaty rules; improve the quality of service to port users; and to help reduce costs.

In practical terms the Directive will introduce a formal framework for competition in provision of commercial port services. It will ensure that the market is aware of the opportunities that exist for provision of such services and will require that the ports allow competing service providers to enter the market should they wish to do so. However, it also allows that the number of service providers may be limited in certain circumstances, e.g. on safety grounds.

In addition the Directive provides for a system of mandatory authorisations for those wishing to provide port services and will enable self-handling by shippers. It requires the designation of competent authorities to consider applications and for an appropriate appeals mechanism. It will ensure that port authorities keep separate audited accounts for each commercial service they provide.

A Consultation Paper including a Regulatory Impact Assessment Questionnaire, issued by the Department for Transport London (DFT), on 31 January 2005 to all UK Ports through their respective umbrella organisations. This consultation is to aid government in gaining a comprehensive understanding of the way the Directive might affect the UK ports sector. Workshops with the ports and a Working Group headed up by DFT officials, but also including Scottish, Welsh and Northern Ireland officials (from the Department) have been established to progress work in this area.