Regulation 2017/352 - Framework for the provision of port services and common rules on the financial transparency of ports - Main contents
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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| Legal instrument | Regulation |
|---|---|
| Number legal act | Regulation 2017/352 |
| Original proposal | COM(2013)296  |
| CELEX number i | 32017R0352 |
| Document | 15-02-2017; Date of signature |
|---|---|
| Publication in Official Journal | 03-03-2017; OJ L 57 p. 1-18 |
| Signature | 15-02-2017 |
| Effect | 23-03-2017; Entry into force Date pub. +20 See Art 22 24-03-2019; Application See Art 22 |
| Deadline | 24-03-2019; See Art 19 24-03-2023; See Art 20 |
| End of validity | 31-12-9999 |
3.3.2017 |
EN |
Official Journal of the European Union |
L 57/1 |
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
(Text with EEA relevance)
THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on the Functioning of the European Union, and in particular Article 100(2) thereof,
Having regard to the proposal from the European Commission,
After transmission of the draft legislative act to the national parliaments,
Having regard to the opinion of the European Economic and Social Committee (1),
Having regard to the opinion of the Committee of the Regions (2),
Acting in accordance with the ordinary legislative procedure (3),
Whereas:
(1) |
The full integration of ports in seamless transport and logistics chains is needed to contribute to growth and a more efficient use and functioning of the trans-European transport network and the internal market. This requires modern port services that contribute to the efficient use of ports and a climate favourable to investments to develop ports in line with current and future transport and logistics requirements. |
(2) |
Ports contribute to the long-term competitiveness of European industries in world markets while adding value and jobs in all Union coastal regions. In order to address the challenges facing the maritime transport sector and to improve the efficiency and the sustainability of transport and logistics chains, it is essential that the actions on administrative simplification set out in the Commission’s communication of 23 May 2013 entitled ‘Ports: an engine for growth’ be implemented in tandem with this Regulation. |
(3) |
In its communication of 3 October 2012 entitled ‘Single Market Act II — Together for new growth’, the Commission recalled that the attractiveness of maritime transport is dependent on the availability, efficiency and reliability of port services and the necessity of addressing questions regarding the transparency of public funding and port charges, as well as administrative simplification efforts in ports, and of reviewing restrictions on the provision of services at ports. |
(4) |
Facilitating access to the port services market and introducing financial transparency and autonomy of maritime ports will improve the quality and efficiency of the service provided to port users and contribute to a climate that is more favourable to investment in ports, thereby helping to reduce costs for transport users and contributing to the promotion of short sea shipping and a better integration of maritime transport with rail, inland waterway and road transport. |
(5) |
The simplification of customs procedures can create significant economic advantages for maritime ports in terms of competitiveness. In order to promote fair competition and to reduce customs formalities, it is important that the competent authorities of the Member States adopt a proper and effective risk-based approach. In this context, it is necessary that the Commission consider the need for appropriate measures to reduce reporting formalities in maritime ports and to tackle unfair competition. |
(6) |
The establishment of a clear framework of transparent, fair and non-discriminatory provisions relating to the funding of and charges for port infrastructure and port services plays a fundamental role in ensuring that the port’s own commercial strategy and investment plans and, where relevant, the general national ports policy framework comply fully with competition rules. In particular, the transparency of financial relations allows a fair and effective control of State aid, hence preventing market distortion. To that end, the Council conclusions... |
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