Port and Airport Activities

Port and airport activities constitute one of the distinct covered categories under Annex II of Directive 2014/25/EU. Port authorities, airport operators, and terminal management companies that qualify as contracting entities must follow the Utilities Directive's procurement procedures for contracts above the applicable financial thresholds. This category sits adjacent to but separate from general transport sector procurement, recognising that ports and airports serve as critical infrastructure gateways with their own distinct procurement characteristics.

What are Port and Airport Activities?

Annex II of 2014/25/EU covers: the provision or management of airports, maritime or inland ports, or other terminal facilities for air, sea, or inland waterway carriers. This definition captures the infrastructure management function rather than the operational services of airlines, shipping lines, or logistics operators, which are not contracting entities under the Utilities Directive.

The entities in scope include: publicly owned port authorities and airport operators; airport and port companies in which a contracting authority (such as a municipality or national government) holds a dominant interest, making them public undertakings; and private port or airport operators holding a special or exclusive right (such as a concession to operate a port or airport under a statutory regime that excludes free entry).

Common contract categories include: dredging and civil engineering works for port infrastructure; berth construction and maintenance; cargo handling equipment; air traffic management and navigation systems; airport terminal fit-out and maintenance; security screening equipment and services; information technology and operational systems; environmental monitoring; and professional services including master planning and regulatory affairs.

Many European ports and airports are operated under concession arrangements by private companies. Where the concession includes an exclusive right to manage the port or airport, the concessionaire is a contracting entity under 2014/25/EU for its procurement of works, supplies, and services in that capacity. This can make private port terminal operators subject to regulated procurement, which surprises suppliers who assume only publicly owned entities are covered.

The directly exposed to competition exemption has been applied to some airport activities in member states with highly competitive aviation markets, but this is not universal. Most major European airports remain subject to regulated procurement for significant contracts.

Why it matters for bidders

Port and airport procurement involves large, long-duration contracts for capital infrastructure, specialist equipment, and operational services. Many port authorities operate qualification systems or approved contractor lists, particularly for civil and marine engineering works. Suppliers targeting this sector should map the ownership and licensing structure of their target buyers to confirm whether regulated procurement rules apply, and whether admission to a qualification system is a prerequisite.

Example

A large Mediterranean port authority is owned by the national government and manages an exclusive concession over a major container and passenger terminal. It procures a five-year berth maintenance and dredging framework worth EUR 25 million. As a public undertaking holding an exclusive concession, it is a contracting entity under 2014/25/EU. It runs a restricted procedure, first issuing a qualification questionnaire to assess supplier capability, then issuing invitations to tender to qualified suppliers only.

Frequently Asked Questions

Are private terminal operators at large ports contracting entities?

It depends on whether the terminal operator holds an exclusive right (such as a concession) granted by a public authority, or whether it operates commercially in a competitive terminal market where other operators could enter. If the concession grants exclusive rights over a berth or terminal area, the concessionaire is likely a contracting entity. If multiple operators compete freely for terminal space, an exemption may apply.

Do airlines or shipping companies fall within port and airport activities?

No. Airlines and shipping companies are end users of airport and port infrastructure. They are not contracting entities under 2014/25/EU unless they separately operate terminal infrastructure under an exclusive right. Their procurement of aircraft, fuel, maintenance, and logistics is commercial and unregulated by the Utilities Directive.

How does the Utilities Directive interact with the EU Port Services Regulation?

Regulation (EU) 2017/352 (the Port Services Regulation) governs market access for port service providers (pilotage, towage, cargo handling). It operates on competition law principles and is separate from the procurement law framework. The two instruments can apply simultaneously to the same port authority: the Port Services Regulation governs how the authority organises service access, while 2014/25/EU governs how the authority procures its own contracts.