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2020/0067(COD) Provision of port services and financial transparency of ports: enabling managing bodies or competent authorities to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak
Next event: Commission response to text adopted in plenary 2020/06/10 more...

Progress: Procedure completed

RoleCommitteeRapporteurShadows
Lead TRAN
Lead committee dossier:
Legal Basis:
RoP 163, TFEU 100-p2

Events

2020/06/10
   EC - Commission response to text adopted in plenary
Documents
2020/05/27
   Final act published in Official Journal
Details

PURPOSE: to ensure the financial sustainability of ship operators in the context of the COVID-19 pandemic by introducing temporary flexibility in port services.

LEGISLATIVE ACT: Regulation (EU) 2020/697 of the European Parliament and of the Council amending Regulation (EU) 2017/352, so as to allow the managing body of a port or the competent authority to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.

CONTENT: under Regulation (EU) 2017/352 of the European Parliament and of the Council, Member States are required to ensure that port infrastructure charges are levied.

The spread of COVID-19 is having a serious negative impact on the shipping industry. The serious consequences for maritime transport services and the use of port infrastructure have been pervasive since the beginning of March 2020 and are expected to continue throughout 2020.

In this context, the new transitional provision introduced gives the manager of a port or the competent authority the possibility to decide to waive, suspend, reduce or defer the collection of port infrastructure charges for the period from 1 March 2020 to 31 October 2020.

The port manager or the competent authority shall ensure that port users and representatives or associations of port users are informed accordingly.

The waiver, suspension, reduction or deferral of the payment of port infrastructure charges shall be granted in a transparent, objective and non-discriminatory way.

The provisions of the Regulation shall also apply to port infrastructure charges due for a period prior to its entry into force.

ENTRY INTO FORCE: 28.5.2020.

2020/05/26
   EP - End of procedure in Parliament
2020/05/25
   CSL - Draft final act
Documents
2020/05/25
   EP/CSL - Act adopted by Council after Parliament's 1st reading
2020/05/25
   CSL - Final act signed
2020/05/13
   EP - Committee referral announced in Parliament, 1st reading
2020/05/13
   EP - Decision by Parliament, 1st reading
Details

The European Parliament adopted by 531 votes to 141, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/352, so as to enable managing bodies or competent authorities to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.

It should be noted that a proposal to reject the Commission proposal, tabled by the Green/EFA group, was rejected in plenary.

Parliament adopted its position at first reading under the ordinary legislative procedure. As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act.

The proposed Regulation aims at ensuring the financial stability of ship operators in the context of the COVID-19 outbreak by relaxing the current rule requiring Member States to ensure the payment of a port infrastructure charges.

In view of the consequences of the COVID-19 outbreak, the new transitional provision provides the managing bodies of a port or the competent authorities with the possibility to waive, suspend, reduce or defer the payment of port infrastructure charges due for the period from 1 March 2020 to 31 December 2020.

The waiver, suspension, reduction or deferral of the port infrastructure charge must be granted in a transparent, objective and non-discriminatory way to all port users subject to port infrastructure charges.

Documents
2020/05/04
   EP - Decision by committee, without report
2020/04/29
   EC - Legislative proposal published
Details

PURPOSE: to enable managing bodies or competent authorities to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.

PROPOSED ACT: Regulation of the European Parliament and of the Council.

ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.

BACKGROUND: the outbreak of COVID-19 is having a serious impact on maritime transport and on the financial sustainability of operators and is likely to continue to have an impact throughout 2020.

Regulation (EU) 2017/352

of the European Parliament and of the Council requires Member States to ensure that port infrastructure charges are levied by a managing body of a port or by a competent authority. There is no exception from this obligation to levy charges, not even in exceptional circumstances.

However, in view of the consequences of the COVID-19 outbreak, it is appropriate to allow Member States to provide the managing bodies of a port or the competent authorities with the possibility to waive, suspend, reduce or defer the payment of port infrastructure charges due for the period from 1 March 2020 to 31 December 2020.

CONTENT: the Commission therefore proposes to amend Regulation (EU) 2017/352 which establishes a framework for the provision of port services and common rules on the financial transparency of ports.

It is proposed that the new transitional provision shall provide Member States with the option to allow managing bodies of a port or competent authorities to decide whether to:

waive (condone, i.e. not require the payment at all); or suspend (freeze or put on hold the payment for a certain time period); or reduce (decrease the payment); or defer (require the payment at a later point in time) the payment of the port infrastructure charges.

As the duration of the impact on maritime transport of the outbreak of COVID-19 is uncertain and in order to allow for sufficient flexibility for the sector, the new transitional provision shall apply to port infrastructure charges due for the period between 1 March 2020 and 31 December 2020.

This new provision also stipulates that the managing body of a port or the competent authority shall ensure that port users and the representatives or associations of port users are informed accordingly. The time limit of two months referred to in Regulation (EU) 2017/352 shall not apply.

Documents

History

(these mark the time of scraping, not the official date of the change)

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date
2020-04-29T00:00:00
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Legislative proposal
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EC
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2020-06-10T00:00:00
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Commission response to text adopted in plenary
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2020-06-10T00:00:00
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Commission response to text adopted in plenary
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2020-04-29T00:00:00
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2020-06-10T00:00:00
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Commission response to text adopted in plenary
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Legislative proposal published
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Committee referral announced in Parliament, 1st reading/single reading
New
Committee referral announced in Parliament, 1st reading
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2020-05-13T00:00:00
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Committee referral announced in Parliament, 1st reading/single reading
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2020-05-13T00:00:00
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Decision by Parliament, 1st reading/single reading
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summary
events/2/type
Old
Decision by Parliament, 1st reading/single reading
New
Decision by Parliament, 1st reading
events/3
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2020-05-13T00:00:00
type
Decision by Parliament, 1st reading/single reading
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EP
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2020-0128_EN.html title: T9-0128/2020
summary
events/6
date
2020-05-27T00:00:00
type
Final act published in Official Journal
docs
events/6/summary
  • PURPOSE: to ensure the financial sustainability of ship operators in the context of the COVID-19 pandemic by introducing temporary flexibility in port services.
  • LEGISLATIVE ACT: Regulation (EU) 2020/697 of the European Parliament and of the Council amending Regulation (EU) 2017/352, so as to allow the managing body of a port or the competent authority to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.
  • CONTENT: under Regulation (EU) 2017/352 of the European Parliament and of the Council, Member States are required to ensure that port infrastructure charges are levied.
  • The spread of COVID-19 is having a serious negative impact on the shipping industry. The serious consequences for maritime transport services and the use of port infrastructure have been pervasive since the beginning of March 2020 and are expected to continue throughout 2020.
  • In this context, the new transitional provision introduced gives the manager of a port or the competent authority the possibility to decide to waive, suspend, reduce or defer the collection of port infrastructure charges for the period from 1 March 2020 to 31 October 2020.
  • The port manager or the competent authority shall ensure that port users and representatives or associations of port users are informed accordingly.
  • The waiver, suspension, reduction or deferral of the payment of port infrastructure charges shall be granted in a transparent, objective and non-discriminatory way.
  • The provisions of the Regulation shall also apply to port infrastructure charges due for a period prior to its entry into force.
  • ENTRY INTO FORCE: 28.5.2020.
events/7
date
2020-05-27T00:00:00
type
Final act published in Official Journal
docs
docs/0
date
2020-05-13T00:00:00
docs
url: https://www.europarl.europa.eu/doceo/document/TA-9-2020-0128_EN.html title: T9-0128/2020
type
Text adopted by Parliament, 1st reading/single reading
body
EP
events/3/summary
  • The European Parliament adopted by 531 votes to 141, with 16 abstentions, a legislative resolution on the proposal for a regulation of the European Parliament and of the Council amending Regulation (EU) 2017/352, so as to enable managing bodies or competent authorities to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.
  • It should be noted that a proposal to reject the Commission proposal, tabled by the Green/EFA group, was rejected in plenary.
  • Parliament adopted its position at first reading under the ordinary legislative procedure. As an agreement was reached between Parliament and Council, Parliament's position corresponds to the final legislative act.
  • The proposed Regulation aims at ensuring the financial stability of ship operators in the context of the COVID-19 outbreak by relaxing the current rule requiring Member States to ensure the payment of a port infrastructure charges.
  • In view of the consequences of the COVID-19 outbreak, the new transitional provision provides the managing bodies of a port or the competent authorities with the possibility to waive, suspend, reduce or defer the payment of port infrastructure charges due for the period from 1 March 2020 to 31 December 2020.
  • The waiver, suspension, reduction or deferral of the port infrastructure charge must be granted in a transparent, objective and non-discriminatory way to all port users subject to port infrastructure charges.
events/4
date
2020-05-25T00:00:00
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Act adopted by Council after Parliament's 1st reading
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2020-05-26T00:00:00
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2020-05-27T00:00:00
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Final act published in Official Journal
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Regulation 2020/697
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Awaiting Council 1st reading position / budgetary conciliation convocation
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2020-05-04T00:00:00
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procedure/dossier_of_the_committee
  • TRAN/9/02873
procedure/stage_reached
Old
Preparatory phase in Parliament
New
Awaiting Council 1st reading position / budgetary conciliation convocation
procedure/legal_basis/0
Rules of Procedure EP 163
otherinst
  • name: European Economic and Social Committee
  • name: European Committee of the Regions
procedure/other_consulted_institutions
European Economic and Social Committee European Committee of the Regions
events/0/summary
  • PURPOSE: to enable managing bodies or competent authorities to provide flexibility in respect of the levying of port infrastructure charges in the context of the COVID-19 outbreak.
  • PROPOSED ACT: Regulation of the European Parliament and of the Council.
  • ROLE OF THE EUROPEAN PARLIAMENT: the European Parliament decides in accordance with the ordinary legislative procedure on an equal footing with the Council.
  • BACKGROUND: the outbreak of COVID-19 is having a serious impact on maritime transport and on the financial sustainability of operators and is likely to continue to have an impact throughout 2020.
  • Regulation (EU) 2017/352
  • of the European Parliament and of the Council requires Member States to ensure that port infrastructure charges are levied by a managing body of a port or by a competent authority. There is no exception from this obligation to levy charges, not even in exceptional circumstances.
  • However, in view of the consequences of the COVID-19 outbreak, it is appropriate to allow Member States to provide the managing bodies of a port or the competent authorities with the possibility to waive, suspend, reduce or defer the payment of port infrastructure charges due for the period from 1 March 2020 to 31 December 2020.
  • CONTENT: the Commission therefore proposes to amend Regulation (EU) 2017/352 which establishes a framework for the provision of port services and common rules on the financial transparency of ports.
  • It is proposed that the new transitional provision shall provide Member States with the option to allow managing bodies of a port or competent authorities to decide whether to:
  • waive (condone, i.e. not require the payment at all); or suspend (freeze or put on hold the payment for a certain time period); or reduce (decrease the payment); or defer (require the payment at a later point in time) the payment of the port infrastructure charges.
  • As the duration of the impact on maritime transport of the outbreak of COVID-19 is uncertain and in order to allow for sufficient flexibility for the sector, the new transitional provision shall apply to port infrastructure charges due for the period between 1 March 2020 and 31 December 2020.
  • This new provision also stipulates that the managing body of a port or the competent authority shall ensure that port users and the representatives or associations of port users are informed accordingly. The time limit of two months referred to in Regulation (EU) 2017/352 shall not apply.