The European Tugowners Association has long been clearly stating its position on the Draft Regulation on Market Access to Port Services and Financial Transparency of Ports (“Draft EU Ports Regulation”).  During this last year, the ETA has been calling on the rejection of the Draft EU Ports Regulation whereby not all port services are being treated on equal footing.  Thus making this regulation one that only partially covers Port Services.

The ETA has, once again, through its legal counsel, laid out its arguments to the European Council and the European Parliament, reiterating that the current Draft EU Port Regulation must be rejected as such or towage must be excluded from Chapter 2.

The current Draft EU Ports Regulation does not comply with fundamental principles of EU law such as the principle of equal treatment and non discrimination, on the basis that some services are excluded arbitrarily from the current Draft EU Ports Regulation. Furthermore, services such as pilotage have been excluded on the basis of their role in port safety, a role that is equally attributed to towage; however, the latter has not been excluded.

In addition, the Draft EU Ports Regulation does not comply with the principle of proportionality, since it was originally intended to establish a common framework for port services. However, the result is one where there is a patchwork of services whereby some are regulated while others are not.  This would imply a selective, unfair and limited application that would be inconsistent with the objectives of the regulation itself.  Furthermore, services that are covered by the current Draft EU Ports Regulation are the ones which contribute least to port charges.

The ETA, through its legal counsel, has given the co-legislators all the arguments in relation to its position of rejection of the draft or, alternatively, exclusion of towage.

In the event that the Draft EU Ports Regulation would be adopted in its current drafting, the ETA reserves the right to take further legal action, moving towards the annulment of the said regulation.

Categories: News

0 thoughts on “Draft EU Ports Regulation is in breach of fundamental principles of EU law”

Leave a Reply

Your email address will not be published. Required fields are marked *

Related Posts

News

Estonia´s Council Presidency to focus on the digitalisation of transport

Estonia replaced Malta at the helm of the EU Council. Being an insular nation and a shipping power, Malta gave great relevance to maritime policy during its 6 months Presidency. Estonia, for its part, as Read more...

News

Challenges the shipping industry might face after Brexit

The outcome of the recent British referendum is anticipated to affect numerous industries; the shipping industry can be no exception. Analyses foreseeing either a detrimental or beneficial impact for the shipping industry before and after Read more...

News

IMO agrees on an emissions reduction strategy

Over 170 countries reached agreement on Friday (13 April) to reduce CO2 emissions from shipping at the last IMO MEPC meeting. After two weeks of negotiations, developing and developed countries signed a compromise to diminish Read more...