Sittings · Document

DRAFT REPORT (2023/2059(INI)) 2023-09-18

On the building a comprehensive European port strategy

Committee on Transport and Tourism · Rapporteur: Tom Berendsen

MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION

on the building a comprehensive European port strategy

(2023/2059(INI))

– having regard to the Treaty on the Functioning of the European Union, in particular Title XVIII thereof,

– having regard to the Commission communication of 1 June 2023 entitled ‘Maritime safety: at the heart of clean and modern shipping’ (COM(2023)0268),

– having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 10 March 2023 on the update of the EU Maritime Security Strategy and its Action Plan entitled ‘An enhanced EU Maritime Security Strategy for evolving maritime threats’ (JOIN(2023)0008),

– having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 1 December 2021 entitled ‘The Global Gateway’ (JOIN/2021/0030),

– having regard to the joint communication from the Commission and the High Representative of the Union for Foreign Affairs and Security Policy of 12 March 2019 entitled ‘EU-China – A strategic outlook’ (JOIN(2019)0005),

– having regard to the ‘Fit for 55’ Commission package of 14 July 2021 for delivering the European Green Deal,

– having regard to the Commission communication of 23 May 2013 entitled ‘Ports: an engine for growth’ (COM(2013)0295),

– having regard to Regulation (EU) 2023/XXXX of the European Parliament and of the Council of 13 September 2023 (to be checked) on the deployment of alternative fuels infrastructure, and repealing Directive 2014/94/EU,

– having regard to Regulation (EU) 2023/XXXX of the European Parliament and of the Council of 13 September 2023 on the use of renewable and low-carbon fuels in maritime transport and amending Directive 2009/16/EC,

– having regard to Directive (EU) 2022/2557 of the European Parliament and of the Council of 14 December 2022 on the resilience of critical entities and repealing Council Directive 2008/114/EC,

– having regard to Regulation (EU) 2021/1153 of the European Parliament and of the Council of 7 July 2021 establishing the Connecting Europe Facility and repealing Regulations (EU) No 1316/2013 and (EU) No 283/2014,

– having regard to Regulation (EU) 2019/452 of the European Parliament and of the Council of 19 March 2019 establishing a framework for the screening of foreign direct investments into the Union,

– having regard to Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports,

– having regard to Regulation (EU) No 1315/2013 of the European Parliament and of the Council of 11 December 2013 on Union guidelines for the development of the trans-European transport network and repealing Decision No 661/2010/EU,

– having regard to the proposal for a regulation of the European Parliament and of the Council on Union guidelines for the development of the trans-European transport network, amending Regulation (EU) 2021/1153 and Regulation (EU) No 913/2010 and repealing Regulation (EU) 1315/2013 (COM(2021)0812),

– having regard to its resolution of 16 September 2021 on a new EU-China strategy,

– having regard to its resolution of 27 April 2021 on technical and operational measures for more efficient and cleaner maritime transport,

– having regard to its resolution of 12 March 2019 on security threats connected with the rising Chinese technological presence in the EU and possible action on the EU level to reduce them,

– having regard to Rule 54 of its Rules of Procedure,

– having regard to the opinion of the Committee on International Trade,

– having regard to the report of the Committee on Transport and Tourism (A9-0000/2023),

A. whereas our ports are the European Union’s gateways to the world and as such play a crucial role in our economy, wealth and jobs, both by facilitating trade and in the energy transition;

B. whereas ports carry out a vital public service and should be valued as such;

C. whereas, while competition between ports is beneficial, a race to the bottom between them at the cost of security or increased foreign control via investments should be avoided;

D. whereas non-EU entities have strategically increased their stakes in European ports and port infrastructure;

E. whereas the Russian war of aggression against Ukraine has once again demonstrated the unacceptable risks of being dependent on single non-EU countries in strategic sectors;

Foreign influence

1. 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;

2. Calls on the Commission to present an EU strategic policy framework to reduce and limit influence and operational control by non-EU countries in the EU’s ports and in their processes and hinterland operations;

3. Calls on the Commission to continuously monitor and report on the influence of non-EU countries in EU ports, EU terminal management and global container shipping and assess the potential links between the actions of a given non-EU country in these sectors;

4. Stresses that limiting foreign investments in an individual port in one Member State can negatively affect the competitive position of that port compared to neighbouring ports that do not have these limitations, which underlines the need for a joint European strategy;

5. Stresses that despite the existence of protective mechanisms at EU level, such as the screening of foreign direct investments and competition rules, these instruments are insufficient for addressing the increasing economic strength of external powers through individual companies and depend heavily on implementation by individual Member States;

6. Underlines the importance of increasing EU cooperation in screening and blocking inbound investments in critical infrastructures, where major negative impacts on other Member States or the whole EU cannot be excluded;

7. Calls on the Commission to research and assess the impact of vertical integration in maritime logistics, the Consortia Block Exemption Regulation and the formation of container alliances on non-EU country influence in EU ports;

8. 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;

9. 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;

10. 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;

Security

11. Calls on the Commission to specifically address the need to reduce the risks of espionage and sabotage in ports with a military function, such as ports that are used by NATO;

12. Calls on the Commission to address the use of trusted technology in maritime logistics and in the functioning of container terminals; expresses its concern about the increasing dependence on non-EU producers for (border) security equipment in ports, as well as ship-to-shore cranes which are able to collect data on the origin and destination of containers;

13. Emphasises that a high level of cybersecurity of all actors in our ports is crucial to prevent espionage and severe disruptions of port systems and operations;

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

15. Underlines that EU ports are key entry points for illicit drugs and calls on the Commission to present measures for effective European cooperation to combat drug trafficking, extraction and criminal subversion;

Role of ports in energy transition

16. 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;

17. 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;

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

Competitiveness of EU ports and companies

19. Stresses that strengthening the economic position of EU ports and improving their competitiveness in a global economy is crucial for limiting foreign influence and security risks;

20. Calls on the Commission to analyse and address the investment needs of ports in order for them to be competitive in the future and to work towards a more stable investment climate including transparency and predictability in investment assessments;

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

22. 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;

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

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

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

26. 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;

Conclusion

27. Calls on the Commission to present a comprehensive port strategy addressing the aforementioned issues;

28. Instructs its President to forward this resolution to the Council and the Commission.

EXPLANATORY STATEMENT

Given the strategic importance of ports to the European transport sector and the European economy as a whole, the rapporteur calls upon the European Commission to propose with priority a comprehensive European Port Strategy that ensures the future competitiveness and resilience of European ports and prevents any foreign dependency in this sector.

After Europe has been brutally confronted with its one-sided energy dependency on Russia, the Union is facing the creation of new foreign dependencies, this time in the transport sector. Investments in ports by foreign state-owned players from autocratic regimes, such as China, have been significant over the last twenty years.

Foreign influence over European critical infrastructure is problematic as it has the potential to undermine the security, economic independence and resilience of individual Member States and the Union as a whole. By allowing such foreign influence, the EU is increasingly economically vulnerable and perceptive to illegitimate pressure by autocratic third countries. Furthermore, when foreign parties acquire insight into complete flows of goods entering and leaving the EU, the risk of espionage increases - a risk that national intelligence services have already been warning against.

No individual port or Member State is able to turn away these investments easily, as they have to contemplate the risk that this investment will just move to a competitor next door or to a neighbouring Member State. This means that a joint European approach is crucial, particularly as a vulnerability in one Member State is a vulnerability to the European Union as a whole.

At the same time, the rapporteur points out that, besides addressing the security risks via increased European cooperation, regulation and enforcement at all levels, strengthening the own economic position of EU ports and improving their competitiveness on a global level is crucial. Ports play a vital role in the energy transition and can benefit from investments, innovation, digitalization and a global level playing field.

To turn the tide it is crucial that Member States and ports adopt with priority a common and stringent strategic approach towards the development of our critical infrastructure. Therefore, in addition to the revision of the TEN-T Regulation and the upcoming revision of the FDI Regulation, we call upon the Commission to propose a comprehensive European Port Strategy that ensures the competitiveness of European ports while securing their economic independence from third-country actors. This strategy must set limits on foreign investment in order to prevent any third-country presence that has the potential to undermine security or public order in our Union. It must also create the right framework for European public and private investors to invest in critical port infrastructure and strengthen the resilience of the gateways to our economy.

The EU needs economic openness towards the rest of the world, via its ports, to maintain prosperity and jobs at home. But EU cooperation must make sure that this openness cannot be abused and turned into a weakness. This is why the rapporteur proposes a European Port Strategy. Our future economic strength and strategic independence will depend on it.