Changes from report parliamentary committee draft to plenary report

Removed8. Underlines that, in particular, aggregated Chinese presence in the core network ports and nodes of the Trans-European Transport Network (TEN-T) carries important implications for the resilience of individual nodes and the network as a whole;

Added8. Strongly encourages the Commission to strengthen the role of the protective measures for ports via an ambitious revision of the Foreign Direct Investments Regulation (FDI Regulation), including by making a foreign direct investment screening system mandatory in all Member States, ensuring that screening processes are clear and objective and that the definitions, scope and procedural aspects are consistent across Member States, in order to ensure an EU-wide level playing field;

Removed9. Encourages the Commission and the Member States to carry out a risk assessment of China’s involvement in maritime infrastructures that includes its impact on labour and the environment, dependencies, an assessment of bottlenecks in the shipping of goods from China to the EU and transhipment;

Added9. Underlines also the crucial importance of the mechanism in Article [47] of the revised TEN-T Regulation [xxx/2024], mandating that Member States screen third-country investments in TEN-T infrastructure for their potential risks to security, public order or the strategic autonomy of the EU, which must be considered as complementary to the provisions of the FDI Regulation, as this mechanism applies both to investments in infrastructure (e.g. acquisition of shares in a terminal) as well as to infrastructure works performed in the EU by a third country company (e.g. in a public procurement to build a terminal in a European port) and as it also foresees the possibility of other potentially affected Member States providing comments to the Member State undertaking the screening, and its effective application for the port infrastructure concerned should be a cornerstone of a European port strategy;

Removed10. Suggests that all Member States introduce laws to retake control of ports, terminals and other maritime infrastructure and develop contingency plans for a major conflict scenario; highlights repeated warnings by intelligence agencies against the risks of economic dependence, espionage and sabotage caused by the economic presence of entities from non-EU countries in our critical infrastructure and strategic sectors, such as ports;

Added10. Underlines the importance of monitoring the implementation of Regulation (EU) 2022/2560 on foreign subsidies distorting the internal market; calls on the Commission to closely monitor the port sector’s market and, if necessary, intervene ex officio as provided for under Article 9 of this Regulation;

Added11. Calls on the Commission to research and assess the impact of vertical integration in maritime logistics, the Consortia Block Exemption Regulation, which is due to expire in 2024, and the formation of container shipping alliances on non-EU country influence in EU ports; calls on the Commission to intervene when necessary, in order to ensure fair competition, a fair power balance and a level playing field for all actors in the port ecosystem;

Added12. Underlines that, in particular, the aggregated presence of enterprises under the control and/or influence of the Chinese state in the core network ports and nodes of the Trans-European Transport Network (TEN-T) has important implications for the resilience and security of individual nodes and the network as a whole; recalls that the presence of third-country investors in ports may hamper their dual use role;

Added13. Calls on the Commission and the Member States to urgently carry out a risk assessment of China’s involvement in maritime infrastructures that includes its impact on labour and the environment, dependencies and an assessment of bottlenecks in the shipping of goods from China to the EU and transhipment and that this assessment should also include other non-EU countries;

Added14. Recalls that the maritime and port sectors in Europe are characterised by a patchwork of different governance structures – with different means to allow investments, ranging from licensing and concession schemes, over the granting of ownership of port infrastructure, to full operational power over port authorities; highlights in this respect the importance of port managing bodies’ risk mitigation measures to safeguard control through setting multiple conditions (operational, social, environmental, etc.), under which a terminal should be operated; underlines, however, the limits of an approach exclusively based on port concessions and/or lease contracts;

Added15. Suggests that all Member States introduce laws and develop contingency plans for a major conflict scenario or other state of emergency, or for cases of clear misuse or dual use of critical infrastructure with negative repercussions for security or public order, so as to be able to retake control of ports, terminals and other maritime infrastructure, including the cancellation of rights of concession and/or the suspension of the capacity of domain in the cases of property and participation;

Added16. Calls for significant public and private investments in ports located in overseas territories and outermost regions to turn them into strategic clusters for multi-modal transport, energy generation, storage and distribution, as well as defence; calls on the Commission to include provisions to limit influence and operational control by non-EU countries in those ports in its proposal;

RemovedRole of ports in energy transition

Added22. Highlights the growing importance of critical infrastructure protection at sea and underwater (including energy pipelines, communication networks and offshore renewable energy facilities) for the safety and security of EU waters and operations therein;

Removed16. Stresses the vital role ports play in the energy transition as energy hubs for the conversion, conditioning and storing of energy carriers, for the import of critical raw materials, as servicing stations for offshore energy facilities and as nodes in transport systems supporting the energy transition;

Added23. Underlines that while data-sharing in logistics contributes to the efficiency, agility and resilience of supply chains, the use of non-EU state-owned-controlled-or-influenced platforms in ports poses economic and strategic risks for the EU and should be prevented;

Removed17. Calls on the Commission to address the increasing need for investments in ports and their infrastructure so that they can assume their role in the energy transition;

Added24. Deplores the fact that EU ports are misused by criminal organisations as key entry points for illicit drugs, which has an effect on society as a whole and undermines the safety of ports, nearby cities and their residents; calls on the Commission to present measures for effective European cooperation to combat drug trafficking, extraction and criminal subversion; welcomes in this respect the Commission’s 18 October 2023 roadmap to fight Drug Trafficking and Organised Crime and underlines the need for a coordinated EU approach to combat all kinds of transnational organised crime;

Removed18. Underlines that an energy transition in ports will not be possible without a skilled workforce;

Added25. Stresses that European ports are particularly exposed to the trafficking of other illicit products such as weapons or counterfeit items, as well as to customs and VAT fraud and that it is also necessary to step up the fight against these activities; underlines in this respect the importance of cooperation between port management bodies and law enforcement authorities, including in the usage of digital tools and data to ensure safe and secure port operations; considers that, when there is sufficient legal justification, ports should be able to access to all tools they need to contribute to their security;

Added26. Underlines that the security of ports depends on their resilience to climate and environmental change; therefore calls on the Commission to conduct a study to analyse the climate risks for European ports and related transport infrastructure, setting out categories of risks, e.g. rising sea levels, flooding, extreme heat, to analyse the risks by region and to identify the measures to address these risks, including the costs of these measures and the investments needed; calls on the Member States to undertake a long-term environmental risk assessment of their critical port infrastructure and take adaptive measures in a timely way;

AddedRole of ports in the energy transition

Added27. Stresses the vital role ports play in the energy transition as set out in the EU Green Deal, as energy hubs for the conversion, conditioning and storing of energy carriers, for energy generation, for the import of critical raw materials, as carbon capture and storage hubs, as servicing stations and manufacturing hubs for offshore energy facilities and as nodes in transport systems supporting the energy transition;

Added28. Recalls that by 2030, the EU aims to import 10 million tonnes of green hydrogen and that to achieve this goal, a comprehensive strategy on importation, coordination, and infrastructure development is essential to the European Port Strategy and should be established promptly;

Added29. Calls on the Commission and the Member States to address the increasing need for investments in ports and terminals and their infrastructure so that they can assume their role in the energy transition; calls on the Commission to analyse and address the need for fast track permitting of port expansions in the context of the energy transition, such as offshore wind deployment, so the ports will not become a bottleneck in the energy transition; highlights the need for a more sustainable management of the maritime space and coasts to unlock the potential of offshore renewable energy; encourages the use of harbour areas for photovoltaic and wind energy deployment;

Added30. Stresses the importance of increasing synergies between the trans-European transport network and the trans-European energy network;

Added31. Asks the Commission to include ports in its Circular Economy strategy and assist the Member States and local port authorities by providing guidance on implementing projects related to circularity; calls on the Commission to address the increasing problem of oil slick in ports and shipping channels;

Added32. Asks the Commission to deliver on its modal shift ambition as put forward in the Green Deal and tackle the remaining challenges for inland waterways and, especially, rail freight to boost their uptake in ports and their connectivity to the hinterland;

Added33. Underlines that an energy transition in ports, in the shipbuilding industry as well as the maritime sector, will not be possible without a skilled workforce and adequate public and private funding; urges the Commission to provide future-proof training, education and life-long learning opportunities, and to promote social dialogue, to put port workers in the centre of the digital and green transition, and to make the industry more attractive to women; reiterates the important societal role of ports in providing many direct and indirect jobs and stresses the need to safeguard fair and safe working conditions for all port and maritime workers; highlights that recent crises have shown that seafarers, crew members, fishers and port workers are essential ‘front line’ workers and their well-being is vital to keep the world moving;

Removed22. Is concerned about EU shipping companies facing restrictive maritime cabotage law in China, which de facto forbids them from carrying out cabotage operations between Chinese ports, while cabotage operations constitute a core element of the business model of Chinese shipping companies in and between certain EU ports; calls on the Commission to explore the possibility of introducing an EU maritime cabotage law that could apply to non-EU shippers;

Added37. Calls on the Commission to analyse and address the investment needs of European ports in order for them to remain competitive in the future and to work towards a more stable investment climate including transparency and predictability of assessments of investments, both public and private;

Removed23. Underlines the importance of the EU Global Gateway initiative as a strategic global alternative to the Chinese Belt and Road Initiative;

Added38. Underlines that in order to maintain the competitiveness of EU ports and the functioning of a possible European Port Strategy, excessive administrative burdens that could undermine the working of such a strategy should be avoided;

Removed24. Stresses the urgent need for improving the strength and capacity of hinterland connections, particularly those that are part of TEN-T;

Added39. Emphasises that a consistent European port strategy is essential to ensure fair competition; encourages increased cooperation between European ports and the elimination of harmful practices such as underpricing;

Removed25. Underlines the importance of maritime manufacturing in the EU as a foundation for maintaining a thriving maritime logistical sector;

Added40. Considers that a well-functioning customs union is fundamental to the EU’s competitiveness, sustainability and resilience; believes that a reformed and strengthened customs union with a common customs code will preserve the integrity of the single market, helping to maintain EU competitiveness in the twin green and digital transitions and avoid unfair competition between European ports;

Removed26. Calls on the Commission to stimulate programmes for innovation and further port digitalisation, such as smart ports programmes, with a view to improving the efficiency, productivity and sustainability of ports;

Added41. Stresses that differences in customs procedure policies at the EU’s points of entry into the customs union often distort trade flows and jeopardise the integrity of the European single market;

Added42. Recalls the importance of having in place harmonised customs controls in all European ports to avoid different application of sanitary or due diligence standards; insists that the Commission ensure that custom controls throughout the EU follow the same standards, by means of a direct unified customs control mechanism, in coordination with Member States and in full compliance with the principle of subsidiarity;

Added43. Recalls that ports are not stand-alone assets as they have their place in a vast waterborne ecosystem of maritime logistics and industry and supply chains driven by demand from European importers and exporters;

Added44. Is concerned about EU shipping companies facing restrictive maritime cabotage legislation in China, which effectively forbids them from carrying out cabotage operations between Chinese ports, while cabotage operations constitute a core element of the business model of Chinese shipping companies in and between certain EU ports; calls on the Commission to explore the possibility of introducing a reciprocal EU maritime cabotage law that could apply to certain non-EU shippers, such as China; recalls that the lack of investment reciprocity in ports harms EU interests;

Added45. Underlines the importance of the EU Global Gateway initiative as a strategic global alternative to the Chinese Belt and Road Initiative; emphasises the potential of Global Gateway projects in the maritime industry (e.g. port infrastructure, hinterland road and rail connection, green hydrogen) to create a network of ports that facilitate trade and investment and mutually beneficial partnerships;

Added46. Stresses the urgent need to improve the strength, capacity and resilience of hinterland connections of European ports, particularly those that are part of TEN-T, taking into account the need for emission reduction and energy efficiency and aiming to shift inland transport to rail and inland waterways as far as possible while also preparing for the impacts of climate change, such as extreme weather events and low water levels in inland waterways;

Added47. Suggests that the Commission establish an ’atlas’ of European ports, that maps, among other things, European commercial ports’ availability of on-shore power supply and alternative fuels, hinterland infrastructure (particularly rail) and shipping lanes, which could possibly build on the TENtec interactive maps and the European Alternative Fuels Observatory, but should also include smaller ports and further information; considers that such a mapping could help form an overall factual basis for the continued development of EU ports and related industries, such as freight and passenger transport, cruise traffic, fishing, offshore wind, fuel bunkering and manufacturing;

Added48. Underlines the importance of maritime manufacturing, such as shipbuilding and its supply-chain, in the EU as a foundation for maintaining a thriving waterborne sector; calls on the Commission to research and assess the impact of Europe’s dependence on foreign maritime manufacturing, to urgently define an ambitious European industrial maritime strategy and take adequate measures to enhance the competitiveness and resilience of Europe’s shipyards and their entire supply chains;

Added49. Calls on the Commission to introduce an enabling digital framework to stimulate programmes for innovation and further port digitalisation, such as smart ports programmes, with a view to improving the efficiency, productivity and sustainability of ports; underlines, in particular, the potential of digitalisation for port call optimisation (to reduce waiting times in coastal waters and ports), just-in-time arrivals, advanced navigation systems (for fuel savings and emissions reduction), automatic identification systems (for increased safety at sea and better enforcement of environmental provisions) as well as for drones and artificial intelligence solutions leading to better decisions on port infrastructure;

Added50. Emphasises that adequate funding and financing instruments will need to be allocated to ports for them to remain competitive, play an enabling role in the green transition, and contain risks of foreign influence; asks for the funding designated to ports under the Connecting Europe Facility to be increased; underlines the importance of private investments in ports and that companies are the ones providing employment and innovation in and around ports;