COMMISSION STAFF WORKING DOCUMENT Implementation Plan Accompanying the document Proposal for a REGLATION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL establishing a framework on the market access to port services and the financial transparency of ports
Date: 2013-05-23
Institutions: European Commission
Subjects: administrative sanction, administrative transparency, harbour installation, harmonisation of standards, load, provision of services, trans-European network

EUROPEAN 
COMMISSION 

Brussels, 23.5.2013  
SWD(2013) 183 final 

COMMISSION STAFF WORKING DOCUMENT 

Implementation Plan 

Accompanying the document 

Proposal for a REGLATION OF THE EUROPEAN PARLIAMENT AND OF THE 
COUNCIL 

establishing a framework on the market access to port services and the financial 
transparency of ports 

{COM(2013) 296 final} 
{SWD(2013) 181 final} 
{SWD(2013) 182 final} 

EN 

   EN 

 
 
 
 
  
 
Implementation plan1 

1. Contact point: Rémi Mayet (remi.mayet@ec.europa.eu – tel. 64677), Unit B.3 (Ports and 
Inland Navigation), DG MOVE 

2. Deliverables and implementation challenges 

The  proposal  relates  to  a  Regulation  directly  and  uniformly  applicable.  The  implementation 
challenges are therefore limited and listed below. 

The main challenges relate in particular to: 

1. 

2. 

3. 

4. 

Developing  common  practices  in  the  different  national  independent  supervisory 
bodies;  

Organising the required transparency in the case of public financial funds attributed 
to a managing body of the port or a port service provider; 

Determining the criteria for modulating port infrastructure charges; 

Laying down the rules on sanctions applicable to infringements  of  the  provision of 
this Regulation. 

3. Support Actions 

Commission Actions: 
The  Commission's  proposal  for  a  Regulation  foresees  the  adoption  of  implementing  acts  in 
support  of  the  above  mentioned  challenges  1  and  3.  The  implementing  acts  will  help  the 
Member  States  in  developing  both  the  methodology  for  the  charging  principles  in  case  of 
environmental charging as well as for the common principles to be applied by the independent 
supervisory bodies.  

The  Commission  is  at  the  disposal  for  the  Member  States  to  address  implementation 
challenges either bilaterally or in the context of the Committee. The latter will be established 
under Article 15 of the proposed Regulation. This Committee will serve as a platform and a 
network  to  exchange  good  practices  and  experience.  On  top  of  that,  the  Commission  will 
provide where appropriate  technical  assistance in different forms  like explanatory guidance, 
expert meetings, working groups, Commission recommendations.  

The  Commission  proposes  to  issue  a  report  on  the  functioning  and  effect  of  the  Regulation 
three years after the entry into force. This will be an appropriate opportunity to see if further 
action  from  the  side  of  the  Commission,  including  possible  further  legislative  proposals, 
would be required. 

Member State Actions: 

The  Member  States  have  one  year  to  take  the  necessary  actions  to  apply  this  proposed 
Regulation.  

More specifically and related to the challenges identified above: 

1. 

1 

The Member States will have the opportunity in the Committee to work together with 
the  Commission  in  order  to  come  to  the  final  adoption  of  an  implementing  act  in 

This  Implementation  Plan  is  provided  for  information  purposes  only.  It  does  not  legally  bind  the 
Commission  on  whether  the  identified  actions  will  be  pursued  or  on  the  form  in  which  they  will  be 
pursued. 

EN 

2 

   EN 

 
 
                                                 
2. 

3. 

4. 

order  to  support  the  Member  States  with  common  principles  to  be  applied  by  the 
independent supervisory bodies. 

On  the  issue  of  ensuring  transparency  in  the  case  of  us  of  public  funding,  the 
Member States are considered to have the appropriate experience in other domains to 
organise this. If requested, the Commission can assist both the managing body of the 
port  and  the  Member  State  with  pointing  to  specific  practices  in  other  ports  and 
Member States. 

On  the  modulation  of  infrastructure  charges,  the  Commission  will  assist  the 
managing bodies of the port and the Member States with an implementing act related 
to  the  environmental  modulation.  For  other  matters,  managing  bodies  and  Member 
States can contact the Commission for further guidance and advice either bilaterally 
or in the context of the Committee procedure. 

When  laying  down  the  rules  on  sanctions,  Member  States  are  advised  to  be 
proportionate. Member States can contact the Commission for further guidance and 
advice either bilaterally or in the context of the Committee procedure. 

Implementation challenge 

Support action 

Timing 

1.  Adopt  common  principles 
based  on  good  practices  to  be 
independent 
applied  by 
the 
supervisory 
when 
implementing this regulation 

bodies 

Implementing act 

2016 

2.  Ensuring  transparent  use  of 
public funding 

Multilateral 
Committee Art. 15 

contact 

via 

2015 

Ad  hoc  advice  and  guidance  by 
the  Commission  if  requested  by 
Member States. 

If requested 

Implementing act 

2013 

3.  Adopting  a  methodology 
defining common classifications 
and 
charging 
principles facilitating a uniform 
application  of  environmental 
charging 

common 

4.  Laying  down 
sanctions 

rules 

for 

Multilateral 
Committee Art. 15 

contact 

via 

2015 

General  and  specific 
regarding implementation 

issues 

Bilateral contact 

Multilateral 
Committee Art. 15 

contact 

2013 

via 

2015 

EN 

3 

   EN