The Port Services Regulations 2019

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations implement discretionary and mandatory elements of Regulation (EU) 2017/352 of the European Parliament and of the Council establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ No L 57, 3.3.2017, p.1) (“the EU Regulation”).

Regulation 4 exercises the United Kingdom’s discretion to allow ports with volumes of cargo-handling below the otherwise applicable threshold (“small ports”) to place limits on the number of service providers operating at those ports (see Article 6 of the EU Regulation).

Regulation 5 exercises the United Kingdom’s discretion to relieve small ports of the financial transparency measures contained in Article 11 of the EU Regulation where compliance with those measures would result in a disproportionate administrative burden.

Regulation 6 fulfils the United Kingdom’s obligation under Article 13 of the EU Regulation to ensure that port infrastructure charges are levied.

Regulation 7 fulfils the United Kingdom’s obligation under Article 17 of the EU Regulation to ensure that port stakeholders are informed of the identity of public authorities that have the power to demand information concerning financial transparency, port service charges and port infrastructure charges under Articles 11(5), 12(3) and 13(6) of the EU Regulation.

As required by Articles 16 and 18 of the EU Regulation, Part 3 of these Regulations provides a right to—

• make formal complaints to the enforcement authority about the acts or omissions of port management bodies and service providers; and

• appeal against decisions of the enforcement authority.

Part 4 of these Regulations provides the enforcement authority with the power to investigate suspected contraventions of these Regulations and the EU Regulation and, if necessary, require remedial action to be taken.

As required by Article 19 of the EU Regulation, Part 5 of these Regulations provides the enforcement authority with the power to impose civil penalties where the complaints and contraventions procedures have been exhausted.

The official version of the EU Regulation is published in the electronic edition of the Official Journal of the European Union, access to which is currently available free of charge on the EUR-Lex website (http://eur-lex.europa.eu). Printed copies may be ordered from the Publications Office of the European Union either by email ([e-mail]) or by post (The Publications Office of the European Union, 2 rue Mercier, 2985 Luxembourg, LUXEMBOURG).

A full impact assessment has not been produced for this instrument as no significant impact on the costs of the private, voluntary or public sectors is foreseen.

The Explanatory Memorandum is published alongside this instrument on www.legislation.gov.uk.