1 August 20223 (Lloyd's List) - THE UK government has confirmed its intention to revoke the European Union Port Services Regulation, which came into effect in the UK in 2019.
The PSR provides a framework for the provision of port services, common rules on financial transparency and on port infrastructure charges.
It requires ports to ensure their practices are transparent, fair, objective and non-discriminatory.
These specifically relate to the appointment and selection of port service providers, the presentation of accounts and port charges, including ensuring that port users are consulted.
As an EU law, PSR was directly applicable to the UK as a member state and was supplemented in domestic legislation by practical and procedural provisions.
It has continued to apply in the UK after the end of the transition period (from December 2020), but as amended by the Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020 to ensure operability.
There has been opposition to the regulation in the UK on the grounds that most of Britain’s ports are owned by private companies, while ports in mainland Europe are nearly all owned by public sector authorities.
The British Ports Association, which represents the interests of 408 ports, terminal operators and port facilities, has strongly opposed the EU regulation as the rules would have a different effect in the UK.
BPA chief executive Richard Ballantyne welcomed the news, saying the PSR “created an inflexible system with additional costs for ports and shippers”.
He added: “The announcement means our industry can continue to operate without the unsuitable rules that could have delayed and frustrated valued port users and service providers.”
BPA stressed that the British port community is underpinned by financial, strategic, and regulatory independence as well as a strong element of competition and customer service.
“These rules were originally devised to suit other European port sectors where there was an absence of similar rules but with more state involvement. We have therefore long since maintained that they are not suitable in the UK,” Ballantyne added.
A government statement said that, subject to the outcome of further consultation and to legislative priorities, the PSR could be repealed, and two associated Statutory Instruments revoked and amended during the present parliament.
