Regulation (EU) 2017/352 Establishing A Framework For The Provision Of Port Services And Common Rules On The Financial Transparency Of Ports: A Preliminary Analysis Of The General Principles Set Out In The Preamble

As anticipated in the last issue of our bulletin, we are going to conduct an exhaustive analysis of Regulation (EU) 2017/352 "establishing a framework for the provision of port services and common rules on the financial transparency of ports", which is a key piece of legislation on the subject - crucial to our industry - of the provision of port services and transparency of the financial relations between public authorities and port management bodies, with a focus on port service charges and the rights for use of port facilities.

We consider it useful to proceed with an analysis of the whereas clauses to the Regulation, which clarify the underlying reasons why the European legislator, working on the basis of the current regulatory and factual situation of European ports, found it appropriate to create a first comprehensive regulatory instrument.

The European legislator first seeks to clarify the relevance of European ports to the European Union, stating that "Ports contribute to the long-term competitiveness of European industries in world markets while adding value and jobs in all Union coastal regions1".

Therefore, the objective of the European ports regulation is to make or maintain competitive European industries, acknowledging the importance that the existence of a port may have in a region in terms of both increase in employment levels and impact on surrounding areas.

The most fitting examples relate to the creation and subsistence of the logistics industry near ports primarily operating cargo ships and the profit led to cities whose ports operate passenger ships, ferries or cruises.

Precisely since "The full integration of ports in seamless transport and logistics chains is needed to contribute to growth and amore efficient use and functioning of the trans-European transport network and the internal market"2, the European Union believes that modern port services should be provided that contribute to the efficient use of ports and that a climate favourable to investments should be assured.

The European legislator indeed makes reference to the European Commission's communication of 2012,3stating that the capacity of European ports to attract traffic is conditional on "availability, efficiency and reliability of port services"4. Nevertheless, pursuant to such communication, European and national bodies are responsible for thoroughly reviewing the existing restrictions on the provision of services at ports.

This is, moreover, a subject...