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The creation of Dunkerque Main Seaport : a major issue in the port revival plan
Announced at the beginning of summer 2007, the port reform was defined by the French law ratified on 4 July 2008, the implementing regulations for which have been just published. The system of independent port authorities is now null and void in Metropolitan France, and has been replaced by that of Main Seaports. The Main Seaport of Dunkerque has taken over the commitments of the port authority, as well as the assets and liabilities of the previous publicly-owned authority.The reform of ports in France has two main features: on the one hand, a change in the "Governance" of the port, and on the other hand, a change in the focus for its assignments. As was the case for the independent port authority, the Main Seaport is a publicly-owned State establishment.
New governance
One of the concerns of the public authorities is to improve the responsiveness of French ports by making it easier for them to take decisions. According to the law, "the executive committee is responsible for overseeing the establishment and for its management. To carry out its duties, it is invested with the widest possible authority to act under any circumstance in the name of the Main Seaport".
In Dunkerque, the executive committee must comprise a minimum of three people, chaired by the managing director who is named by decree. The decisions of this body are taken on a collegial basis, but the chairperson alone has authority to manage its personnel, i.e. acts as the employer.
The board of trustees comprises seventeen members, including representatives of the State, local authorities, port personnel, and other qualified individuals involved in the development of the port. It defines the strategic guidelines for the port and continually supervises its management.
The law also created a development council, which is consulted on any strategic projects and tariff policies, as well as on any questions that may be submitted to it by the board of trustees or the executive committee. It comprises thirty members from four "colleges" representing the port community as a whole, personnel from companies with business in the port, the local authorities, as well as qualified individuals involved in the development of the port.
Refocusing the port's assignments
Within the limits of its jurisdiction, the Main Seaport ensures the construction, operation and maintenance of sea approaches; oversees law enforcement, security and safety within the meaning of section III of the French Seaport Code; manages the port precinct; manages and safeguards the nature areas that it owns or manages; ensures the construction and maintenance of port infrastructures; promotes the offer in terms of rail and river services; ensures the development and management of the industrial zones or logistics parks related to port activity; and oversees operations involved in the general promotion of the port.
Apart from the exceptions in the port's strategic project, the law prohibits the port from owning or operating public port facilities. Within two years they must be sold, and if not, must be operated by a subsidiary company or a public corporation. The personnel in charge of their operation and maintenance are to be transferred to the companies that own the facilities. The legislator wanted to impose a command unit for handling and storage operations.
Lastly, the law provided a particularly short schedule for the adoption of the strategic project and the outline agreement, which specifies the ways in which the contracts of employment of salaried staff are to continue in goods handling companies, and the social welfare rules and regulations applicable to them.
By Robert Rézenthel, Legal Affairs Director of Dunkerque Port
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Dunkerque Main Seaport Presentation
