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

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.