EU Port Services Regulation heading for the UK dustbin. Consultation process now running.

The Port Services Regulation 2017/352 Regulation (the PSR), includes provisions in the following areas: market access for port service providers; transfer of undertakings; financial transparency; charges; training and consultation; complaints and appeals.

The PSR has not been popular in the UK. In October 2017 the then shipping minister John Hayes told members of the UK Major Ports Group that the Regulation would be “consigned to the dustbin” in the UK due to Brexit”. But the Port Services Regulation was not immediately repealed. It was supplemented in domestic legislation by practical and procedural provisions in the Port Services Regulations 2019 (SI 2019/575) and in The Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020 (SI 2020/671 which covers the situation as from 1.1.21.

The government’s view is that all the areas covered by the Ports Services Regulation are sufficiently covered in the UK by commercial practice within the framework of domestic law. The government intends to repeal the PSR as EU retained law, to revoke The Port Services Regulations 2019, and to amend the Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020, by revoking those parts of the regulations that relate to the PSR and were made to ensure that the EU PSR remained operable after the UK’s withdrawal from the European Union.

 The government has now opened a consultation period from 22 March – 22 April 2022, https://www.gov.uk/government/consultations/repealing-the-eu-port-services-legislation/repealing-the-eu-port-services-legislation#:~:text=The%20government%20has%20signalled%20its,worked%20properly%20for%20the%20UK.

Leave a Reply