The Commission's decision to send letters of formal notice to Spain, France, and Italy, which now have two months to respond to the findings.

The European Commission has initiated infringement proceedings against Italy, France, and Spain for failing to comply with the obligations set forth in the EU Regulation on Port Services, particularly regarding the flag of vessels performing towing or mooring services according to Shipping Italy 

In paragraphs 3 and 4 of Article 4

In paragraphs 3 and 4 of Article 4, In paragraphs 3 and 4 of Article 4, the text (i.e. Regulation 2017/352/EU) establishes that "a Member State which deems it necessary […] to impose a flag requirement on vessels predominantly used for towing or mooring operations in ports located on its territory" must inform the Commission of its decision before the publication of the tender notice or in any case before imposing such a requirement.

A national flag requirement on vessels performing towage or mooring in their ports

As noted by the Commission, Spain, France, and Italy have imposed a national flag requirement on vessels performing towage or mooring in their ports, fearing that their country's social laws would not be applicable without it. The latest example of this is the tender for the concession for port towage services in the ports of the Strait of Messina, which requires the Italian flag to be flown for the seven vessels (five first-line and two second-line) required to perform the service and its maintenance for the entire duration of the concession.

The power to impose a flag requirement

This interpretation, the Commission points out in its letters, is incorrect "since the Port Services Regulation already grants Member States the power to apply such national social and labor laws regardless of the flag of the vessel being inspected." The power to impose a flag requirement, moreover, should be understood as referring to "the flag of any EU Member State rather than the national flag of a specific Member State."

Hence, the Commission's decision to send letters of formal notice to Spain, France, and Italy, which now have two months to respond to the findings.

About EU Regulation 2017/352,

It is noteworthy that EU Regulation 2017/352, effective since March 24, 2019, establishes a framework for transparent, non-discriminatory access to port services (bunkering, mooring, cargo handling) in the trans-European network. It promotes competition, encourages investment, and regulates, but does not strictly limit, the number of service providers, allowing for minimum requirements and financial transparency

Source : Shipping Italy 

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