transport network guidelines, i.e. including the comprehensive network as well as the core network. However, member states may decide to leave out ports in the comprehensive network located in the outermost regions, such as Réunion, Madeira and the Canary Islands.
They may also decide not to apply the rules on the separation of accounts to small ports in the comprehensive network, subject to certain conditions. On the other hand, member states would also be free to decide whether to apply the regulation to other ports as well.
When it comes to the different categories of service, cargo handling and passenger services will be subject to the financial transparency rules but exempt from the market access provisions, as initially proposed by the Commission. Member states will remain free to decide on market access rules for these services, in compliance with the EU Court of Justice case-law.
Members states may decide not to apply market access rules to pilotage into and out of ports, but the other parts of the proposal, including the provisions on financial transparency, will be applicable. Dredging will only be covered by the rules requiring separate accounts for publicly funded activities. These rules will apply when the port management body which receives public funding provides dredging within the port area under its jurisdiction.
The potential for limiting the number of service providers has been expanded, e.g. to include cases where the level of traffic does not make it economically viable for several service providers to operate. Considerations of safety, security and environmental sustainability have also been included as grounds for limiting the number of providers and for imposing public service obligations.
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