The European Commission has urged Italy, as well as the
Spain and France, to comply with EU rules on services
by sending a reasoned opinion to the respective three governments to
failure to comply with the obligations laid down in Article 4(1)
3 and 4 of the European Regulation on port services no. 352 of 15
February 2017 and Article 49 of the Treaty on the Functioning of the
of the European Union. The Commission recalled that these
provisions allow Member States, under strict conditions to
transparency, non-discrimination and proportionality, and with
the objective of ensuring compliance with its legislation
including labour inspection rules,
to impose a flag obligation on ships providing services
towing or mooring in ports located on their territory.
The Commission explained that Spain, France and Italy have
imposed an obligation on naval units used for the
towing and mooring in their respective ports to display their respective
national flags, in order to ensure the enforcement of the
national social networks. However, the reasoned opinion specifies that the
The Port Services Regulation already authorises Member States
Member States to apply those national laws in the field of social and social security.
work regardless of the flag of the ship being subjected to
inspection and, should Member States nevertheless decide to
impose a flag requirement, this must be
defined as the flag of any EU Member State rather than
the national flag of a particular Member State. The Commission
noted that a requirement relating to the national flag, such as
formulated by Spain, France and Italy, is therefore not
compliant with EU standards.
Last January, the Commission sent letters of mass
to the three Member States for failure to comply with their
obligations under these regulations. Having not yet fulfilled
obligations, Brussels has sent a reasoned opinion to the three Member States
who now have two months to respond and ask
remedy the deficiencies raised by the Commission. If this is not the case,
The Port Services Regulation will no longer be
valid.
- Via Raffaele Paolucci 17r/19r - 16129 Genoa - ITALY
