engine for growth
31 from 2013. In Regulation 352 from 2017,
32 a framework for the
provision of port services and common rules on the financial transparency of ports is
established. In a way, much of the discussions carried out and reflected in the
previous documents from the Commission are visible here. The first statement in
the regulation clearly calls for a different approach from the EU. It states that there is
a need for full integration of the European ports to form a seamless transport and
logistic chain. This would facilitate growth and a more efficient use of both the
Trans-European Transport Network and the internal market. Furthermore, they stress
the importance of the ports to contribute towards a “climate favourable to investments to develop ports in line with current and future transport and logistics
requirements”.
33 A reference to the Commission’s communication of 23 May
2013 entitled ‘Ports: an engine for growth’ is also made.
34 It is especially stated
that preparation must be made for addressing those challenges that the maritime
industry will face in the coming future and it is urged that efficiency and the
sustainability of transport and logistics chains must be improved. Furthermore, it
is indicated that actions must be taken to simplify administrative procedures set out
in the communication of 2013. In addressing the regulation, it is clarified that the
Regulation should not be interpreted in such way that it would prejudice Member
States’ rules governing the system of property ownership which are applicable to
maritime ports. Furthermore, the Regulation should allow for different port structures in Member States.
Incidentally and notably, in one bullet point in the preamble to the regulation is a
statement regarding port operators.
35 It is observed that ports in general are set in a
limited geographical area, which would have relevance to how many providers of
port services could be accepted to operate in the port. Therefore, it is recognized that
in certain cases there could be a limitation imposed on what could be a right to
establish an operation in the port. In the preamble it is stated that such limitation
should be based on one or more of the following criteria; the scarcity of land or
waterside space, the characteristics of the port infrastructure or the nature of the port
traffic, or the need to ensure safe, secure or environmentally sustainable port
operations.
There are some important matters that warrant discussion regarding Regulation
2017/352. First and perhaps foremost, it is stated that the regulation is just a
minimum standard. In this regard, two articles in the Regulation are worth mentioning. In these, there is a split between port service charges and port infrastructure
31 See
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri¼CELEX:52013DC0295&
from¼EN. Downloaded 2019-02-10.
32 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, Official Journal of the European Union L 57/1.
33 See the first bullet point in REGULATION (EU) 2017/352.
34 See the second bullet point in REGULATION (EU) 2017/352.
35 See bullet point 19 in REGULATION (EU) 2017/352.
446
L.-G. Malmberg
31 from 2013. In Regulation 352 from 2017,
32 a framework for the
provision of port services and common rules on the financial transparency of ports is
established. In a way, much of the discussions carried out and reflected in the
previous documents from the Commission are visible here. The first statement in
the regulation clearly calls for a different approach from the EU. It states that there is
a need for full integration of the European ports to form a seamless transport and
logistic chain. This would facilitate growth and a more efficient use of both the
Trans-European Transport Network and the internal market. Furthermore, they stress
the importance of the ports to contribute towards a “climate favourable to investments to develop ports in line with current and future transport and logistics
requirements”.
33 A reference to the Commission’s communication of 23 May
2013 entitled ‘Ports: an engine for growth’ is also made.
34 It is especially stated
that preparation must be made for addressing those challenges that the maritime
industry will face in the coming future and it is urged that efficiency and the
sustainability of transport and logistics chains must be improved. Furthermore, it
is indicated that actions must be taken to simplify administrative procedures set out
in the communication of 2013. In addressing the regulation, it is clarified that the
Regulation should not be interpreted in such way that it would prejudice Member
States’ rules governing the system of property ownership which are applicable to
maritime ports. Furthermore, the Regulation should allow for different port structures in Member States.
Incidentally and notably, in one bullet point in the preamble to the regulation is a
statement regarding port operators.
35 It is observed that ports in general are set in a
limited geographical area, which would have relevance to how many providers of
port services could be accepted to operate in the port. Therefore, it is recognized that
in certain cases there could be a limitation imposed on what could be a right to
establish an operation in the port. In the preamble it is stated that such limitation
should be based on one or more of the following criteria; the scarcity of land or
waterside space, the characteristics of the port infrastructure or the nature of the port
traffic, or the need to ensure safe, secure or environmentally sustainable port
operations.
There are some important matters that warrant discussion regarding Regulation
2017/352. First and perhaps foremost, it is stated that the regulation is just a
minimum standard. In this regard, two articles in the Regulation are worth mentioning. In these, there is a split between port service charges and port infrastructure
31 See
https://eur-lex.europa.eu/legal-content/EN/TXT/PDF/?uri¼CELEX:52013DC0295&
from¼EN. Downloaded 2019-02-10.
32 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, Official Journal of the European Union L 57/1.
33 See the first bullet point in REGULATION (EU) 2017/352.
34 See the second bullet point in REGULATION (EU) 2017/352.
35 See bullet point 19 in REGULATION (EU) 2017/352.
446
L.-G. Malmberg