Port Services Regulation

Article 16 – Handling of complaints

Not notified by the Member State.

Article 17 – Relevant Authority

Not notified by the Member State.

Article 16 – Handling of complaints

The procedure for handling complaints is laid down in Articles 106h and 106i of the draft Act amending and supplementing the Maritime Space, Inland Waterways and Ports of the Republic of Bulgaria Act.

Pursuant to the first provision, the complaints referred to in Article 12(3) of Regulation (EU) 2017/352 (as regards the structure and the level of the port service charges that are not exposed to effective competition) are to be considered, at first instance, by the Executive Director of the Maritime Administration Executive Agency in accordance with the procedure laid down in Chapter Six ‘Administrative Contestation of Administrative Acts’ of the Bulgarian Code of Administrative Procedure; the complaint does not stay the execution of the contested decision, the deadline for making available the relevant information set out in Article 12(3) of Regulation (EU) 2017/352 is 14 days from the date of receipt of the notification, and the time limit for delivering a decision on the complaint is one month from the date of receipt of the complaint, respectively from the date on which any irregularities in the complaint have been removed. Under the second provision, appeals by the persons referred to in Article 18(1) of Regulation (EU) 2017/352 against the instruments referred to in the same Article of the Regulation and issued by the managing body of the port within the meaning of Article 2(5), the competent authority within the meaning of Article 2(3), the authority referred to in Article 11(5) and the authority referred to in Article 12(3) of the same Regulation are to be filed before, and considered by, the relevant competent administrative court in accordance with the procedure for contestation of individual administrative acts laid down in the Code of Administrative Procedure; the appeal does not stay the execution of the contested decision.

Article 17 – Relevant Authority

Article 106g created by the ZID ZMPVVPPRB designates the authority responsible for exercising control over compliance with the rules on financial transparency set out in Article 11(5) of Regulation (EU) 2017/352 (the Public Financial Inspection Agency) and lays down the procedure for exercising said control, i.e. the procedure established by the Public Financial Inspection Act.

Under Article 106h(2) created by the draft Act, the Executive Director of the Maritime Administration Executive Agency is the competent authority referred to in Article 12(3) of Regulation (EU) 2017/352.

Article 106j created by the draft ZID ZMPVVPPRB designates the relevant administrative court that has jurisdiction to hear complaints and appeals against decisions of the managing body of the port in its capacity as a competent authority under Article 13(6) of Regulation (EU) 2017/352.

Public Financial Inspection Agency
2 "Lege" Street
1000 Sofia
Bulgaria

Phone: +359 2 9859 5100
Fax: +359 2 981 50 42
https://www.adfi.minfin.bg/en/5
adfiadfi [dot] minfin [dot] bg (adfi[at]adfi[dot]minfin[dot]bg)

The Executive Director of the Maritime Administration Executive Agency:

"Maritime administration" - Ministry of Transport
9 Diakon Ignatii Str.
Sofia 1000
Bulgaria

Phone: (+359 700) 10 145
https://www.marad.bg/en
e-mail: bmamarad [dot] bg (bma[at]marad[dot]bg)

 

In order to provide for measures at national level to implement Regulation (EU) 2017/352 of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports, a draft Act amending the Act on Maritime Space, Inland Waterways and Ports of the Republic of Bulgaria (ZMPVPRB) was drawn up.

The ZMPVPRB was adopted by the National Assembly of the Republic of Bulgaria on 27 November 2020 and published in State Gazette No 104 of 8 December 2020.

Article 16 – Handling of complaints

Not notified by the Member State.

Article 17 – Relevant Authority

Not notified by the Member State.

Article 16 – Handling of complaints

As a matter of principle, the application of public law requires recourse to public courts whereas civil law requires civil action.

Due to the fact that the individual Länder are responsible for their ports, and because the ports have different legal forms, they are presented separately.

Lower Saxony

The standard complaint procedures under the German legal system apply.

Regarding the ports owned by Lower Saxony, the complaint-handling body is Niedersachsen Ports GmbH & Co. KG. Should the public-law complaint be unsuccessful, an action may be brought before the competent administrative court. The Lower Saxony Public Procurement Tribunal at the Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation is the competent body handling applications for review of public contracts and concessions awarded following the end of a tender procedure. An immediate appeal to the appellate court may be lodged against the decision of the Public Procurement Tribunal. An action may be brought before the competent local or district courts as an appeal body in all civil disputes.

Regarding the seaports owned by Lower Saxony local authorities, the town or city concerned is the competent body for public-law complaints. Should this complaint be unsuccessful, an action may be brought before the competent administrative court. The Lower Saxony Public Procurement Tribunal at the Lower Saxony Ministry of Economic Affairs, Labour, Transport and Digitalisation is the competent body handling applications for review of public contracts and concessions awarded following the end of a tender procedure. An immediate appeal to the appellate court may be lodged against the decision of the Public Procurement Tribunal. A civil procedure (referral to the competent local or regional court) must be followed with regard to private handling tenders; this also applies to all other disputes under civil law.

Regarding the privately owned seaport in Lower Saxony, the complaint-handling body is Rhenus Midgard GmbH & Co. KG (managing body/operator of the port) or Rhenus SE & Co. KG (parent company of the operator). Should this complaint be unsuccessful, an action may be brought before the competent local or regional court.

Hamburg

The standard complaint procedures under the German legal system apply.

In the case of public disputes the complaint (appeal) must first be lodged with the relevant appeal body designated in the decision on the administrative act (in Hamburg port matters normally the Hamburg Port Authority AöR). If this is unsuccessful, an action may be brought before the Hamburg Administrative Court as regular appeal body. In civil disputes, an action at first instance may – depending on the value of the dispute – be brought before the competent local courts or Hamburg Regional Court as the appeal body. Review of public contracts and concessions awards may be requested from the relevant Hamburg Public Procurement Tribunal (at either the Finance Ministry or the Ministry for Urban Development and Housing). An immediate appeal to the appellate court (Hanseatic Higher Regional Court, Procurement Division) may be lodged against the decision of the Public Procurement Tribunal. If the complaint is based on the alleged infringement of competition rules, it can be made to the competent anti-trust authority (in Hamburg the Anti-Trust Department at the Ministry for Economic Affairs, Transport and Innovation). An appeal against the anti-trust authority’s decision may be lodged with the relevant Higher Regional Court. In addition, complaints about public authorities of the Free Hanseatic City of Hamburg can also be submitted to the City Government’s Petitions Committee.

Mecklenburg-Western Pomerania

The standard complaint procedures under the German legal system apply.

In the case of public disputes the complaint (appeal) must first be lodged with the relevant appeal body designated in the decision on the administrative act. If this is unsuccessful, an action may be brought before the relevant administrative court as regular appeal body. In civil disputes, an action at first instance may – depending on the value of the dispute – be brought before the competent local court or regional court as the appeal body. The Public Procurement Tribunal at the Ministry of Economic Affairs, Labour and Health is the competent body handling applications for review of public contracts and concessions awarded following the end of a tender procedure. An immediate appeal to the appellate court may be lodged against the decision of the Public Procurement Tribunal.

Bremen

The standard complaint procedures under the German legal system apply.

In the case of public disputes the complaint (appeal) must first be lodged with the relevant appeal body designated in the decision on the administrative act (normally the Port Authority of the Hanseatic City of Bremen). If this is unsuccessful, an action may be brought before the Bremen Administrative Court as regular appeal body. In civil disputes, an action at first instance may be brought before the competent local courts or regional court as the appeal body. In the case of tender procedures, a complaint may be lodged with the Public Procurement Tribunal at the Bremen Senator’s Office for the Environment, Construction and Transport. An immediate appeal to the Hanseatic Higher Regional Court Bremen, Procurement Division, may be lodged against decisions of the Public Procurement Tribunal.

Schleswig-Holstein

The standard complaint procedures under the German legal system apply.

In the case of public disputes (ports owned by local authorities) the complaint (appeal) must first be lodged with the relevant appeal body designated in the decision on the administrative act. If this is unsuccessful, an action may be brought before the relevant administrative court as regular appeal body. In civil disputes (privately owned ports), an action at first instance may – depending on the value of the dispute – be brought before the competent local court or regional court as the appeal body.

Article 17 – Relevant Authority

Due to the fact that the individual Länder are responsible for their ports, and that the ports have different legal forms, they are presented separately.

Lower Saxony

Regarding the ports owned by Lower Saxony, the managing body is: Niedersachsen Ports GmbH & Co. KG
Hindenburgstrasse 26 - 30
26122 Oldenburg

The competent authority for the ports owned by Lower Saxony is: Niedersächsisches Ministerium für Wirtschaft, Arbeit, Verkehr und Digitalisierung Friedrichswall 1, 30169 Hannover

The managing body of the municipal seaport of Papenburg is: Stadt Papenburg (Hafenkapitän) [Harbour master] Hauptkanal rechts 68–69, 26871 Papenburg.

The competent authority is also the town of Papenburg (civil engineering department). The managing body of the municipal seaport of Oldenburg is:

Eigenbetrieb Hafen der Stadt Oldenburg Pferdemarkt 14
26105 Oldenburg.

The competent authority is:

Stadt Oldenburg Markt 20/21 26105 Oldenburg.

The managing body of the municipal seaport of Leer is:

Stadtwerke Leer AöR
Postfach 19 46
26769 Leer (Ostfriesland).

The competent authority is:

Stadt Leer Rathausstrasse 1
26789 Leer (Ostfriesland).

The managing body of the municipal seaport of Wilhelmshaven is:

Stadtwerke Verkehrsgesellschaft Wilhelmshaven GmbH Freiligrathstrasse 416
26386 Wilhelmshaven

The competent authority is:

Stadt Wilhelmshaven Rathausplatz 1
26382 Wilhelmshaven

The managing body of the privately owned seaport of Nordenham is:

Rhenus Midgard GmbH & Co. KG
Midgardstrasse 50
26954 Nordenham.

The competent authority is:

Rhenus SE & Co. KG Rhenus-Platz 1
59439 Holzwickede,

the parent company of Rhenus Midgard GmbH & Co KG.

The managing body of the privately owned seaport of Wilhelmshaven is:

Nord-West Oelleitung GmbH (NWO)
Zum Ölhafen 207
26384 Wilhelmshaven

The competent authority is also the Nord-West Oelleitung GmbH (NWO).

Hamburg

In Hamburg the managing body is:

Hamburg Port Authority AöR
Neuer Wandrahm 4
20457 Hamburg

The competent authority in Hamburg is:

Behörde für Wirtschaft, Verkehr und Innovation
Alter Steinweg 4
20459 Hamburg.

Mecklenburg-Western Pomerania

The main port authority is:

Ministerium für Energie, Infrastruktur und Digitalisierung Mecklenburg-Vorpommern
Schlosstrasse 6 - 8
19053 Schwerin.

The subordinate port authorities are the mayors of the urban districts, the mayors of the autonomous municipalities and the heads of the local offices as regulatory authorities.

Bremen

In Bremen the managing body is:

Hansestadt Bremisches Hafenamt
Steubenstrasse 7a
27568 Bremerhaven.

The competent authority in Bremen is:

Senator für Wirtschaft, Arbeit und Häfen
Zweite Schlachtpforte 3
28195 Bremen.

Schleswig-Holstein

The managing body of the ports owned by Schleswig-Holstein is:

Ministerium für Wirtschaft, Verkehr, Arbeit, Technologie und Tourismus des Landes Schleswig-Holstein
Abteilung Verkehr & Straßenbau Referat Häfen & Schifffahrt
Düsternbrooker Weg 94
24105 Kiel

The managing body of the privately owned port of Brunsbüttel is:

Brunsbüttel Ports GmbH
Geschäftsführung Elbehafen
25541 Brunsbüttel

The competent authority of the state-owned ports of Büsum, Friedrichstadt, Glückstadt, Husum and Tönning and parts of the port of Brunsbüttel is:

Landesbetrieb für Küstenschutz, Nationalpark und Meeresschutz Schleswig-Holstein
Fachbereich Gefahrenabwehr und Hafenbehörde
Am Außenhafen
25813 Husum

The competent authority of parts of the port of Brunsbüttel is:

Stadt Brunsbüttel Hafenbehörde
Koogstraße 61-63
25541 Brunsbüttel

The managing body of the municipal seaport of Kiel is:

SEEHAFEN KIEL GmbH & Co. KG
Geschäftsführung
Schwedenkai 1
24103 Kiel

The competent authority of the port of Kiel is:

Landeshauptstadt Kiel Hafenamt
Bollhörnkai 1
24103 Kiel

The managing body of the partly state-owned port of Lübeck is:

Lübecker Hafen-Gesellschaft mbH Geschäftsführung
Zum Hafenplatz 1
23570 Lübeck

The managing body of the privately owned Lehmann Cargo Terminal and the Lehmann Quays 1-3 in Lübeck is:

Lehmann GmbH Geschäftsführung
Seelandstrasse 15
23569 Lübeck

The managing body of the privately owned Havemann Quay is:

Havemann & Sohn GmbH & Co. KG
Geschäftsführung
Einsiedelstrasse 49
23554 Lübeck

The managing body of the privately owned Nordgetreide Quay is:

Nordgetreide GmbH & Co. KG
Geschäftsführung
Mecklenburger Strasse 202
23568 Lübeck

The competent authority of the port of Lübeck is:

Hansestadt Lübeck
Lübeck Port Authority - Hafenbehörde
Ziegelstrasse 2
23539 Lübeck

The managing body of the privately owned ferry port of Puttgarden is:

Scandlines Deutschland GmbH
Geschäftsführung
Bäckerbreitergang 75
20355 Hamburg

The managing body of the state-owned port of Burgstaaken is:

Stadt Fehmarn
Bürgermeister Burg auf Fehmarn
Am Markt 1
23769 Fehmarn

The competent authority of the ports of Puttgarden and Burgstaaken is:

Stadt Fehmarn
Fachbereich Bauen und Häfen - Hafenbehörde Burg auf Fehmarn
Am Markt 1
23769 Fehmarn

The managing body of the state-owned port of Helgoland is:

Gemeinde Helgoland
Hafenamt
Rickmer Bock Wai 1225
27498 Helgoland

The competent authority of the port of Helgoland is:

Gemeinde Helgoland
Ordnungsamt / Widerspruchsstelle Lung Wai 28
27498 Helgoland

The managing body of the state-owned port of Flensburg is:

Flensburger Hafen GmbH
Geschäftsführung Am Industriehafen 7
24937 Flensburg

The competent authority of the port of Flensburg is:

Stadt Flensburg
Hafenamt Rathausplatz 1
24937 Flensburg

The managing body of the state-owned port of Kappeln is:

Stadt Kappeln
Bürgermeister Reeperbahn 2
24376 Kappeln

The competent authority of the port of Kappeln is:

Stadt Kappeln
Hafenamt
Am Hafen 14a
24376 Kappeln

The managing body of the state-owned port of Heiligenhafen is:

Heiligenhafener Verkehrsbetriebe GmbH & Co. KG
Geschäftsführung
Am Jachthafen 4A
23774 Heiligenhafen

The competent authority of the port of Heiligenhafen is:

Stadt Heiligenhafen
Allgemeine Ordnungsabteilung - Hafenbehörde
Markt 4-5
23774 Heiligenhafen

The managing body of the state-owned port of Neustadt in Holstein is:

Hafen Neustadt in Holstein
Geschäftsführung
Neukoppel 2
23730 Neustadt in Holstein

The competent authority of the port of Neustadt in Holstein is:

Stadt Neustadt in Holstein
Ordnungsamt / Hafenamt
Am Markt 1
23730 Neustadt in Holstein

The managing body of the state-owned port of List auf Sylt is:

Kurverwaltung List auf Sylt
Kurdirektorin Maiken Neubauer
Landwehrdeich 1
25992 List auf Sylt

The managing body of the ferry port of List auf Sylt is:

Rømø-Sylt Linie GmbH & Co. KG
Geschäftsführung Norderhofenden 19-20
24937 Flensburg

The competent authority of the ports of List auf Sylt is:

Amt Landschaft Sylt
Hafenamt
Andreas-Nielsen-Strasse 1

Article 16 – Handling of complaints

In accordance with § 7 of the Executive Order no. 145 of 8 February 2019, complaints against the Port Authority’s administration of a port may be filed with the Danish Transport, Construction and Housing Authority for the handling of the complaint, in accordance with Article 16(3) of Regulation EU/2017/352.

If the handling of the complaint requires comments from other relevant authorities, the Danish Transport, Construction and Housing Authority is responsible for collecting the comments before a decision is made.

Complaints about the Port Authority’s administration of a port shall be submitted to infotbst [dot] dk (info[at]tbst[dot]dk). This information appears on the Danish Transport, Construction and Housing Authority’s website http://www.tbst.dk

Article 17 – Relevant Authority

Pursuant to the § 3 of the Executive Order no. 145 of 8 February 2019, the Danish Transport, Construction and Housing Authority is appointed as the relevant authority in relation to Articles 11 (5), 12(3) and 13(6) of Regulation EU/2017/352.

Danish Transport, Construction and Housing Authority
Carsten Niebuhrs Gade 43
1577 København V
Denmark

https://tbst.dk/en
Phone: (+45) 7221 8800
Fax: (+45) 7262 6790
E-mail: infotbst [dot] dk (info[at]tbst[dot]dk)

Article 16 – Handling of complaints

1. Resolution of any complaints as a result of application of Regulation (EU) No. 2017/352 of the European Parliament and of the Council shall be organised by the Estonian Competition Authority.
2. Upon resolution of complaints, the Estonian Competition Authority shall have the right to request relevant information from any party. The information shall be submitted during the term determined by the Estonian Competition Authority which shall not exceed one month and which may be extended by two weeks in justified cases.
3. The Competition Authority shall make a decision concerning the complaint within three months after receiving the relevant information. By its decision, the Competition Authority shall refuse to satisfy the complaint or issue a precept for elimination of the violation.
4. The Estonian Competition Authority shall refuse to satisfy the complaint if:
   1. the complaint is unsubstantiated or unproven;
   2. the person submitting the complaint does not provide access to the Estonian Competition Authority, by the date determined by the latter, to the information in its possession which is required for resolution of the complaint;
   3. No violations are found in the activities of the port authority based on the complaint.

[RT I, 15.03.2019, 4 - entry into force 24.03.2019]

Article 17 – Relevant Authority

Estonian Competition Authority (ECA)
Tatari 39
10134 Tallinn
Estonia

Phone number: +372 6 672 400
E-mail: infokonkurentsiamet [dot] ee (info[at]konkurentsiamet[dot]ee)
Website: https://www.konkurentsiamet.ee/en

Article 16 – Handling of complaints

In accordance with Article 16(7), the competent authorities responsible for resolving complaints arising from the application of Chapter II are the administrative courts.

In accordance with Article 16(7), the procedure for handling complaints shall be the administrative procedure regulated by Law 29/1998 of 13 July 1998 regulating the Administrative Courts.

With regard to the procedure for dealing with these complaints, we would inform you that there is also the recurso de reposición [appeal for review], which is optional and comes prior to the procedure mentioned above. Although it does not satisfy the requirement laid down in Article 16(2), it is an effective, simple and free system that can be used as a first step towards resolving possible complaints in straightforward cases or in the event of obvious errors.

Article 17 – Relevant Authority

In accordance with Article 17, the relevant authority referred to in Article 11(5), to which the service provider must submit all the information requested in the event of a formal complaint, is the Puertos del Estado public body, taking account of the specific powers attributed to it in the Revised Text of the Law on State Ports and the Merchant Navy, specifically in Articles 18(1)(g), 26(1)(p) and 39(1).

In accordance with Article 17, the relevant authority referred to in Article 12(3) is the Port Authority responsible for the port at which the infringement occurred or the Puertos del Estado public body, where the infringement is attributable to an internal operator. Taking into account that Article 12(3) refers to the port service charges referred to in Article 12(1), the relevant authority shall be determined as follows:

• In the case of charges invoiced by an internal operator under a public service obligation, it will be the Puertos del Estado public body.
• In the case of charges invoiced for pilotage services that are not exposed to competition, it will be the Port Authority.
• In the event that there is a limitation on the number of service providers as referred to in Article 6(1)(b), that is to say, where such limitation is necessary so as not to breach public service obligations, it will be the Port Authority.

In accordance with Article 17, the relevant authority referred to in Article 13(6), as regards the port infrastructure charges invoiced by the Port Authorities, shall be:

• the courts in cases of infringements related to Article 13(4). Considering the tax nature of the payment for the use of infrastructure, it is necessary to take the economic-administrative route first and only after appeal to the administrative court if necessary;
• the Puertos del Estado public body for infringements related to Article 13(5) where the managing body is in breach of its obligations to provide information to port users and associations of port users.

Puertos del Estado
Avda. del Partenón, 10
28042 Madrid
España

Tel: +34 915245500
https://www.puertos.es/en-us

 

Regulation (EU) No 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and adopting the common rules on the financial transparency of ports applies in full, from 24 March 2019. In this regard, our legal system currently provides effective mechanisms to comply with the Regulation and which respect the requirements of Article 16.

• In accordance with Article 16(7), the competent authorities responsible for resolving complaints arising from the application of Chapter II are the administrative courts.
• In accordance with Article 16(7), the procedure for handling complaints shall be the administrative procedure regulated by Law 29/1998 of 13 July 1998 regulating the Administrative Courts.

With regard to the procedure for dealing with these complaints, there is also the recurso de reposición [appeal for review], which is optional and comes prior to the procedure mentioned above. Although it does not satisfy the requirement laid down in Article 16(2), it is an effective, simple and free system that can be used as a first step towards resolving possible complaints in straightforward cases or in the event of obvious errors.

• In accordance with Article 17, the relevant authority referred to in Article 11(5), to which the service provider must submit all the information requested in the event of a formal complaint, is the Puertos del Estado public body, taking account of the specific powers attributed to it in the Revised Text of the Law on State Ports and the Merchant Navy, specifically in Articles 18(1)(g), 26(1)(p) and 39(1).
• In accordance with Article 17, the relevant authority referred to in Article 12(3) is the Port Authority responsible for the port at which the infringement occurred or the Puertos del Estado public body, where the infringement is attributable to an internal operator. Taking into account that Article 12(3) refers to the port service charges referred to in Article 12(1), the relevant authority shall be determined as follows:
  • In the case of charges invoiced by an internal operator under a public service obligation, it will be the Puertos del Estado public body.
  • In the case of charges invoiced for pilotage services that are not exposed to competition, it will be the Port Authority.
  • In the event that there is a limitation on the number of service providers as referred to in Article 6(1)(b), that is to say, where such limitation is necessary so as not to breach public service obligations, it will be the Port Authority.
• In accordance with Article 17, the relevant authority referred to in Article 13(6), as regards the port infrastructure charges invoiced by the Port Authorities, shall be:
  • the courts in cases of infringements related to Article 13(4). Considering the tax nature of the payment for the use of infrastructure, it is necessary to take the economic-administrative route first and only after appeal to the administrative court if necessary;
  • the Puertos del Estado public body for infringements related to Article 13(5) where the managing body is in breach of its obligations to provide information to port users and associations of port users.
• In accordance with Article 19, the rules on penalties applicable to:
  • service providers are those currently provided for in the Revised Text of the Law on State Ports and the Merchant Navy for any infringements concerning licences authorising the service provision. The penalties provided for in that legal act depend on the seriousness of the conduct, ranging from licence removal in accordance with Article 119 to fines of variable amounts for the infringements categorised in Articles 306(2)(a), 307(5) and 308(5). The above will apply in conjunction with Article 312 of the Revised Text of the Law on State Ports and the Merchant Navy.

Where infringements of the Regulation are attributable to the Port Authorities and to the Puertos del Estado public body, the rules on penalties will fall under the jurisdiction of the courts. Our administrative system does not easily accept the application of the principles and concepts of a system of penalties applicable to the Administration, but this is rectified by the fact that the courts ruling on possible infringements do have the power to correct decisions of the Public Administration. In this case, infringements of the Regulation will result in an administrative act and will be recorded in the court decision settling the procedure. In such a case, the rules on penalties provided for in order to ensure compliance with those legal decisions are applicable, without prejudice to the criminal law rules applicable to the persons responsible for such bodies if the circumstances are present.

In addition, Law 19/2013 of 9 December 2013 on transparency, access to public information and good governance lays down in Title II - Good Governance - a system of infringements and sanctions aimed specifically at Public Administrations, including the Port Authorities and Puertos del Estado, allowing actions by these Public Administrations to be penalised in the case of conduct that can be categorised under one of the types of infringement established.

Article 16 – Handling of complaints

The procedure for the handling of complaints is in accordance with the rules stated in the Regulation (EU) 2017/352. The handling of complaints will be impartial and transparent, and shall duly respect the right to freely conduct business. If a complaint is filed, the Transport and Communication Agency will be handling it. If the party who filed the complaint is not satisfied with the Agency’s decision, it can file a claim for a revised decision. After this, it is possible for the party to make an appeal to the regional Administrative Court followed by an appeal to the Supreme Administrative Court.

Article 17 – Relevant Authority

In Finland the relevant authority referred in Articles 11(5), 12(3) and 13(6) as well as the authority responsible for handling complaints will be the Transport and Communications Agency.

Finish Transport and Communications Agency (Traficom)
Kumpulantie 9
FI-00520 Helsinki

Phone number: +358 29 534 5000
https://www.traficom.fi/en
kirjaamotraficom [dot] fi (kirjaamo[at]traficom[dot]fi)

Article 16 – Handling of complaints

Pursuant to Article 16(7) of Regulation (EU) 2017/352, the French authorities hereby inform the European Commission of the implementation of the procedure for handling complaints arising from this Regulation.

Article 17 – Relevant Authority

Pursuant to Article 17 of Regulation (EU) 2017/352, the French authorities hereby inform the European Commission that the competent authority referred to in Articles 11(5), 12(3) and 13(6) of the Regulation is the Directorate-General for transport, infrastructure and the sea, under the authority of the Ministry of Ecological and Inclusive Transition.

Competent authority under Regulation (EU) 2017/352 on port services
Tour Sequoia
1, Place Carpeaux
La Défense 6
92055 LA DÉFENSE CEDEX

https://www.ecologie.gouv.fr/direction-generale-des-infrastructures-des…
reglement-sur-les-services-portuairesdeveloppement-durable [dot] gouv [dot] fr (reglement-sur-les-services-portuaires[at]developpement-durable[dot]gouv[dot]fr)

Article 48 of the introduced Law 4770/2021 (Government Gazette 15 Issue A’/29-01-2021) in force, the Relevant Authority for the implementation of the Regulation is the Ministry of Maritime Affairs & Insular Policy, as follows:

Regarding Article 16 of EU Regulation:

The Ministry of Maritime Affairs & Insular Policy is the competent authority to ensure the effective process for the handling of complaints arising from the application of the Regulation in all Greek sea ports to which it applies.

Regarding Article 17 of EU Regulation:

Within the legal framework prescribed in the Regulation, the Ministry of Maritime Affairs & Insular Policy has been designated as the relevant Authority for the handling of complaints arising from the application of the Regulation in all Greek sea ports to which it applies, as well as, for the examination of appeals against decisions or measures taken on the basis of the Regulation from the competent Port Authority or any other Port Authority.

Article 16 – Handling of complaints

Not notified by the Member State.

Article 17 – Relevant Authority

The Ministry of the Sea, Transport and Infrastructure, which is the relevant authority in the Member State, referred to in Articles 11(5), 12(3) and 13(6) of the Regulation.

The Ministry of the Sea, Transport and Infrastructure
Prisavlje 14
HR-10000 Zagreb
Croatia

Phone number: +385 1 6169 111
E-mail: infommpi [dot] hr (info[at]mmpi[dot]hr)
Website: https://mmpi.gov.hr/en

Article 16 – Handling of complaints

Regulation 9 of S.I. No. 128 of 2019 states

1. A person aggrieved by
   • a direction given by the Irish Maritime Development Office under Regulation 8(1), or
   • a decision taken by the managing body of the port under the EU Regulation, may appeal against the direction or decision to the Circuit Court.
2. An appeal under paragraph (1) shall be made to a judge of the Circuit Court for the circuit in which the port the subject of the direction or decision is located.

Article 17 – Relevant Authority

Regulation 4 of S.I. No. 128 of 2019 designates the Irish Maritime Development Office and the Health and Safety Authority as the National Relevant Authorities for the purposes of handling complaints under Regulation (EU) 2017/352.

Contact details for the relevant authorities in Ireland are:

The Irish Maritime Development Office
Wilton Park House
Wilton Place
Dublin 2
D02 NT99

+353 1 775 39 00
imdoimdo [dot] ie (imdo[at]imdo[dot]ie)
https://www.imdo.ie

The Health and Safety Authority
The Metropolitan Building
James Joyce Street
Dublin 1
D01 K0Y8

+353 1 6147000
wcuhsa [dot] ie (wcu[at]hsa[dot]ie)
https://www.hsa.ie

Article 16 – Handling of complaints

Taking into account the provisions of Article 16 of the Regulation, according to which the competent authority must operate in conditions of functional autonomy in relation to the port’s managing bodies and providers of port services, in such a way as to avoid conflicts of interest, it follows that this requires a coordinated initiative within the sector to set up at least two competent authorities.

The competent authority and the procedures for dealing with complaints regarding the other sectors covered by the Regulation still have to be decided upon; these mainly concern the provision of technical-nautical services to vessels (mooring, towage, pilotage), the majority of which, because of the obvious association with shipping safety, must be subject to regulation and on by state bodies.

In the latter case, in the context of the reorganisation of the Ministry’s central structure, which is now at an advanced stage (a Prime Ministerial Decree will shortly be adopted setting out the above-mentioned reorganisation), a specific independent structure will be established tasked with inter-sectoral surveillance and control, which could, with regard to the aforementioned technical-nautical services, act as the competent authority responsible for dealing with complaints arising from the application of the Regulation, while meeting the requirements of functional independence in relation to both the other ministerial structures and also the port managing bodies and port service providers.

Once this final procedure has been completed, a Ministerial Decree will be published in the Official Gazette of the Italian Republic containing the relevant information on how to use these procedures, and which authorities are competent for resolving conflicts in the areas governed by the Regulation in question.

Article 17 – Relevant Authority

The Transport Regulatory Authority (Autorità di regolazione dei trasporti (ART)), referred to in Article 37 of Decree-Law No 201 of 6 December 2011, in the light of the combined provisions of Article 8(3)(n) of Law No 84 of 28 January 1994 and of the above- mentioned law (Article 37 of Legislative Decree No 201/2011), should already be able to operate, under the legislation in force, as the authority competent to deal with complaints relating to the specific sectors of passenger transport and freight, which cover almost all the commercial activities of the port that come within the scope of the Regulation. This is because, on the one hand, there are sufficient guarantees of functional independence (ART is not involved in ports’ commercial or management activities) and, on the other hand, ART is already called upon to ensure specific functions which mean that the Transport Authority is already called upon to ensure that there are adequate conditions of competition in the individual transport sector markets.

Transport Regulatory Authority
Via Nizza 230
10126 Torino

+39 011.19212.500
art@autorita‑trasporti.it
https://www.autorita-trasporti.it/?lang=en

Article 16 – Handling of complaints

The Republic of Lithuania has in place an effective procedure to handle complaints (including those arising from the application of the Regulation) which is functionally separated from the ownership and management of the port, provision of port services and port use.

On its website the Port Authority publishes information on where and how to lodge a complaint relating to the scope of the Regulation and which authorities are responsible for handling complaints. In the Republic of Lithuania, the right to lodge a complaint (request, application) against a legal act adopted by the entity of public administration or against its act/omission, and delays by the entities of public administration in performing actions, when it is considered that the rights or interests protected by law of persons (natural person or a group of natural persons, legal person or other organisation) have been infringed, is regulated by the Law of the Republic of Lithuania on Administrative Proceedings . Each stakeholder has the right to apply to the court for the protection of his/her infringed or contested right or interest protected by law. The Law of the Republic of Lithuania on Administrative Proceedings establishes the procedure for the hearing of administrative cases concerning disputes arising from administrative legal relations, the hearing authorities and the form and content of the complaint (request, application).

In accordance with the Law of the Republic of Lithuania on Administrative Proceedings, disputes in the area of public administration are settled by the administrative court which does not evaluate, in terms of political or economic expediency, the legal act and act/omission contested but only determines whether or not a law or other legal has been infringed, whether or not the entity of public administration acted outside the limits of its competence, and whether or not the legal act or act/omission meets the goals and tasks for which the authority was established and received authorisations. While dispensing justice, judges and courts are independent and obey only laws. Judges and courts hear administrative cases on the basis of laws and under such conditions which prevent external influence on the judges.

Interference with the activities of the judge or the court by the institutions of State government and administration, members of the Seimas of the Republic of Lithuania and other officers, political parties and associations or natural persons is prohibited and makes them liable under law. In the Republic of Lithuania, the administrative court accepts an administrative case for consideration:

1. on the basis of a complaint from a person or his/her representative applying for the protection of his/her right or interest protected by law;
2. in the cases provided for by laws, on the basis of requests by prosecutors, entities of public administration, organisations or natural persons for the protection of public interest or the rights of the State, municipality and individuals as well as interest protected by law;
3. on the basis of the request for the protection of the rights of municipalities in the sphere of public administration lodged by municipal institutions, agencies and services;
4. in the cases prescribed by law, on the basis of the request for administrative dispute resolution lodged by the entities of public administration. The administrative court may advise the persons indicated to submit additional evidence or, on the request of these persons or on its own initiative, compel the production of the required documents and demand explanations of officers. If the evidence is in a foreign state, the court which hears the case sends a communication with a request to the court in the foreign state through the Ministry of Justice of the Republic of Lithuania in accordance with the procedure established by the international agreements to which the Republic of Lithuania is a party. In applying EU legal provisions the court also complies with the decisions of EU judicial authorities. In the cases prescribed by law, the court applies to the competent judicial authority of the EU for a preliminary ruling for the interpretation or validity of EU legal acts.

Final court judgments and rulings are binding on all public authorities, officers and civil servants, enterprises, agencies, organisations, and other natural and legal persons and must be executed throughout the Republic of Lithuania.

It should be noted that it is prescribed in the Law of the Republic of Lithuania on Administrative Proceedings that before applying to the administrative court, individual legal acts adopted by public administration entities and their act or omission or delaying in performing actions may be, and in the cases established by law must be, contested by applying to the authority for preliminary extrajudicial dispute settlement. In the case of application of the Regulation, the latter authority should be approached first.

Administrative disputes are settled, in accordance with the Law of the Republic of Lithuania on Administrative Proceedings and the Law of the Republic of Lithuania on the Procedure for Extrajudicial Administrative Dispute Settlement , by the Administrative Disputes Commission of Lithuania and its local offices. The Adimistrative Disputes Commission of Lithuania is an independent extrajudicial authority.

A complaint (request) lodged with the Administrative Disputes Commission must comply with the requirements in respect of its form and content laid down in the Law of the Republic of Lithuania on Administrative Proceedings. The complaint (request) to the Administrative Disputes Commission may be lodged directly in writing, sent by post or by means of electronic communication. When a complaint (request) is lodged electronically, the person’s identity is confirmed by signing with the secure electronic signature. The complaint (request) lodged with the Administrative Disputes Commission must be drawn up in the official language, and, if drawn up in other language, the complaint (request) must be accompanied by its translation into the official language certified in the manner prescribed by law. The requirement laid down in this section also applies to annexes to the complaint (request). The following annexes have to be annexed to the complaint (request):

1. the act challenged;
2. where necessary, a document confirming the date of filing claims or objections with the authority complained against;
3. documents and other evidence on which the applicant’s requests are based. The complaint (request) must indicate whether a translator/interpreter will be necessary while handling the complaint (request) at the Administrative Disputes Commission’s session. When a complaint (request) is lodged electronically, it must be accompanied by digital copies of annexes. It is important to note and draw attention to the time- limits for lodging a complaint (request, application) and renewal thereof, and time limits for handling and appeal fixed in the Law and in the Law of the Republic of Lithuania on the Procedure for Extrajudicial Administrative Dispute Settlement.

It should also be noted that the Administrative Disputes Commission has the right to:

1. demand an explanation, reply, documents, material and information relating to the case being prepared for the session of the Administrative Disputes Commission of the entity of public administration complained against, and obtain written or oral explanations on the subject- matter of the dispute from civil servants;
2. request for other documents and material of the entities of public administration or other information necessary for hearing the case;
3. involve the civil servants of municipal institutions and the Administrative Disputes Commission and their employees working under employment contracts, and specialists, public administration entities and other natural or legal persons (on the agreement of these persons) in the provision of the explanation and/or conclusion on the complaint (request) or the performance of other actions concerning preparation to hear the case and case hearing.
4. Where necessary, the Administrative Disputes Commission may examine the circumstances, facts and/or documents relating to the case on the spot. The decision of the Administrative Disputes Commission resolving the dispute, and the decision of the Administrative Disputes Commission to confirm the amicable agreement between the parties have to be implemented as from the date of receipt thereof. In the course of handling complaints (requests) the Administrative Disputes Commission does not consider the issues of damage or costs incurred by the parties to the case.

A person objecting to the decision of the authority for extrajudicial dispute settlement, generally, should apply to the administrative court within the time limited fixed in the applicable law.

Article 17 – Relevant Authority

The Port Authority publishes on its website relevant information and the authorities referred to in Articles 11(5), 12(3) and 13(6) of the Regulation. It should be noted the reports on the implementation of the Strategic Activity Plan, financial reporting packages and other documents of the Port Authority are drawn up and made publicly available in accordance with the provisions laid down in Resolution No 1052 of the Government of the Republic of Lithuania of 14 July 2010 approving the Guidance on ensuring the transparency of activities of State-controlled enterprises (valid consolidated version as from 1 January 2019). In the light of the provisions of that Guidance, State-controlled enterprises keep accounts in accordance with the International Financial Reporting Standards (IFRS) and draw up financial statements on the basis thereof, while information in implementing the provision concerning information publicity and accessibility to the public and information provision time limits is published on the Port Authority’s website www.portofklaipeda.lt. The aforementioned financial statements clearly show the elements referred to in Article 11(1) and (2) of the Regulation. In the Republic of Lithuania, the obligation to pay port service charges (dues) is regulated in the Law of the Republic of Lithuania on Klaipėda State Seaport. Port- based enterprises, bodies and organisations act independently in accordance with the laws governing their activities, however, these enterprises, bodies and organisations must comply with the Law of the Republic of Lithuania on Klaipėda State Seaport and the requirements of the rules on port use. The types of port dues, their maximum rates and the principles of applying dues are laid down by Resolution No 245 of the Government of the Republic of Lithuania of 5 March 2008 approving the List of the types of Klaipėda State Seaport dues and their maximum rates and the Principles of their application (valid consolidated version as of 15 November 2018). The procedure for applying, calculating and paying port dues is laid down in the Rules on the application of Klaipėda State Seaport dues, as approved by Order No 3-246 of the Minister for Transport and Communications of the Republic of Lithuania of 30 June 2008 (valid consolidated version as of 29 August 2018). All dues application exemptions, i.e. to vessels which are exempt from vessel, navigation, berth, tonnage, sanitary and passenger dues, and to those which are not subject to the obligatory pilotage within the port water area and where such pilotage was not carried out, in accordance with Article 201(1) of the Law of the Republic of Lithuania on Maritime Safety, and other exemptions are laid down in Chapter X of the Rules on the application of Klaipėda State Seaport dues.

Having received an official complaint or request concerning the provision of the information referred to in Article 11 (1) and/or (2), Article 12(1) and Article 13(4) and (5) of the Regulation, the Port Authority ensures access to the required information, observing the principle of confidentiality or the requirements of legal protection of commercial secrets. It should be noted that in the event of possible infringements of competition rules or uncertainties regarding the provision of State aid to economic operators, in accordance with the Law of the Republic of Lithuania on Competition , a complaint or request may be filed with the Competition Council of the Republic of Lithuania which in performing functions (supervisory, control and monitoring) within its remit adopts decisions independently and on its own, while its instructions are mandatory. This authority may apply to the court for the protection of public interests safeguarded by the Law of the Republic of Lithuania on Competition.

A person whose legitimate interests are violated by actions of unfair competition is also entitled to bring an action before the court seeking:

1. termination of the illegal actions;
2. recovery of the damages;
3. imposition of an obligation to make one or several statements of specific content and form, refuting the previously submitted incorrect information or providing explanations as to the identity of the economic operator or its goods;
4. seizure or destruction of the goods, their packaging or other means directly related to unfair competition, unless the infringements can be rectified otherwise. In addition, we would like to note that presently the assessment study on port competitiveness is being prepared to the order of the Port Authority which will analyse freight transport costs throughout the transport chain and the influence of port dues as well as port competitiveness, by the main types of freight, with regard to the competitors. Upon receiving the conclusions of that study it is envisaged to apply recommended measures to additionally ensure the implementation of the Regulation.

Port Authority of Klaipeda
+370 46 499799
infoport [dot] lt (info[at]port[dot]lt)
https://www.portofklaipeda.lt/en

Article 16 – Handling of complaints

The Regulation lays down a series of requirements applicable to the managing bodies of ports and to competent authorities. An analysis of definitions, i.e. that of the term ‘competent authority’, as given in Article 2(3) of the Regulation, and the term ‘managing body of the port’, as given in Article 2(5), reveals that in Latvia, the functions of both are performed by the same institution. In Latvia, this is the port authority. It is to the port authority that most of the Regulation’s provisions apply. The port authority is a body governed by public law which ensures that the port is managed and performs various public administrative functions pursuant to the Law on ports. This Law lays down the principles for operating ports and procedures for port management. The port authority’s structure, the rights and duties of the port’s executive board and those of the port’s administrator are laid down in the port authority’s statutes. In Latvia’s port authorities, the executive reports directly to the port’s executive board, which is the highest decision-making body. Decisions taken by the executive board in respect of third parties are deemed to be administrative acts. Administrative acts issued by the port’s executive board, as well as its actual actions, may be contested or appealed in accordance with the procedures laid down in the Law on administrative procedure and other special laws and regulations.

In view of the above, the body that hears complaints in Latvia is the district administrative court. It hears complaints concerning decisions and actual actions taken by State and local authorities. The district administrative court reviews the legality of, and justification for, administrative acts issued by the body, or the actual actions that body takes, and clarifies a person’s duties or rights under public law. An action may be brought before a district administrative court by any natural person having the capacity to act or by any legal person under private law if a State institution, as a holder of State power, infringes that person’s rights by adopting a decision addressed to that person

individually or taking some sort of action in relation to that person. Other persons whose rights or legitimate interests have been infringed by the relevant decision of the port authority may also lodge an application with the district administrative court. The infringement (complaint) is reviewed in accordance with the Law on administrative procedure. Chapter 6 of the Law on administrative procedure lays down how the administrative procedure is conducted and how decisions are adopted by an institution. The hearing of cases is governed by Part C of the Law on administrative procedure, entitled ‘Administrative proceedings before a court’. Judgment is given pursuant to Chapter 26 (‘Judgment’) of that Law. The judgment of an administrative court enters into force once the time limit for appealing it has expired. If a judgment cannot be appealed, it enters into force on its date of delivery. The judgment of a district administrative court may be appealed before a regional administrative court, whereas the judgment of a regional administrative court may be appealed before the Supreme Court. Complaints concerning the application of provisions of the Regulation in the area of competition are made to the Competition Council, whose aim is to ensure that market participants have the opportunity to exercise an economic activity under conditions of free and fair competition and to facilitate the development of competition across all sectors of the economy in the public interest. The Competition Council operates in accordance with the Law on competition and other laws and regulations. Among other things, the Council monitors how the prohibition on market participants abusing a dominant position and forming a cartel is being complied with. Pursuant to Article 8 of the Law on competition, the Competition Council delivers binding decisions. Article 26 of the Law on competition lays down the procedure for hearing cases (complaints). The Competition Council delivers decisions within six months of the date on which proceedings are initiated. Decisions of the Competition Council may be appealed before a district administrative court. The judgment of a district administrative court may be appealed before a regional administrative court, whereas the judgment of a regional administrative court may be appealed before the Supreme Court.

Article 17 – Relevant Authority

Disputes over the competence of a port’s executive board and its actions or decisions are possible within the context of Articles 11 (‘Transparency of financial relations’), 12 (‘Port service charges’) and 13 (‘Port infrastructure charges’). Complaints in these areas are therefore heard in administrative proceedings before the institution (the port authority) and a court, thus ensuring independent, objective and competent judicial oversight of the port’s activities.

Executive Board of the Free Port of Riga
Kalpaka bulv.12,
Riga
Latvia, LV-1010
Tel: +371 67030800
Fax: +371 67030835
inforop [dot] lv (info[at]rop[dot]lv)

Executive Board of the Free Port of Ventspils
Jāņa iela 19,
Ventspils,
Latvia,
LV-3601
Tel: +371 63622586
Fax: +371 63621297
infovbp [dot] lv (info[at]vbp[dot]lv)

Executive Board of Liepāja Special Economic Zone
Fēniksa iela 4,
Liepāja,
Latvia,
LV- 3401
Tel: +371 63427605
Fax: +371 63480252
lsezlsez [dot] lv (lsez[at]lsez[dot]lv)

Competition Council
Brīvības iela 55, 2. korp.,
Riga,
Latvia,
LV-1010
Tel: +371 67282865
Fax: +371 67242141
konkurencekp [dot] gov [dot] lv (konkurence[at]kp[dot]gov[dot]lv)

District Administrative Court, Riga Courthouse
Baldones iela 1A,
Riga,
Latvia,
LV-1007
Tel: +371 67077902
Fax: +371 67077908
riga [dot] administrativatiesas [dot] lv (riga[dot]administrativa[at]tiesas[dot]lv)

District Administrative Court, Jelgava Courthouse
Atmodas iela 19,
Jelgava,
Latvia,
LV-3007
+371 63012516
+371 63012532
jelgava [dot] administrativatiesas [dot] lv (jelgava[dot]administrativa[at]tiesas[dot]lv)

District Administrative Court, Liepāja Courthouse
Lielā iela 4,
Liepāja,
Latvia,
LV-3401
+371 63407901
liepaja [dot] administrativatiesas [dot] lv (liepaja[dot]administrativa[at]tiesas[dot]lv)

District Administrative Court, Valmiera Courthouse
Voldemāra Baloža iela 13a,
Valmiera,
Latvia,
LV - 4201
Tel: +371 64250505, +371 64250500
Fax: +371 64250515
valmiera [dot] administrativatiesas [dot] lv (valmiera[dot]administrativa[at]tiesas[dot]lv)

District Administrative Court, Rēzekne Courthouse
Atbrīvošanas aleja 88,
Rēzekne,
Latvia,
LV-4601
Tel.: +371 64607711, +371 64607725
Fax: +371 64622008
rezekne [dot] administrativatiesas [dot] lv (rezekne[dot]administrativa[at]tiesas[dot]lv)

Regional Administrative Court
Baldones iela 1A,
Riga,
Latvia,
LV-1007
Tel.: +371 67077901, +371 67359867
Fax: +371 67077920
administrativa [dot] apgabalstiesas [dot] lv (administrativa[dot]apgabals[at]tiesas[dot]lv)

Supreme Court
Brīvības bulvāris 36,
Riga,
Latvia,
LV- 1511
Tel.: +371 67020350
Fax: +371 67020351
atat [dot] gov [dot] lv (at[at]at[dot]gov[dot]lv)

Article 16 – Handling of complaints

Any complaint arising out of the application of the Regulation will be referred to the Office of Competition, which is a fully independent body from the Authority as the port managing body and established by law. The applicable functions, powers and procedures are laid down in law.

Article 17 – Relevant Authority

Article 11(5), 12(3) and 13(6): Depending on the nature of the complaint, it will be referred to Office of Competition; or to the National Audit Office and the Auditor General; or to the Internal Audit and Investigations Directorate.

Office of Competition
https://www.mccaa.org.mt/

National Audit Office and Auditor General
Notre Dame Ravelin
Floriana
FRN 1601
Malta
(356) 220 555 55
nao [dot] maltagov [dot] mt (nao[dot]malta[at]gov[dot]mt)
http://nao.gov.mt/

Internal Audit and Investigations Directorate
Valletta Buildings Lower Ground Floor
South Street
Valletta
VLT 1103
Malta
Tel: +356 2123 7737
info [dot] iaidgov [dot] mt (info[dot]iaid[at]gov[dot]mt)
www.iaid.gov.mt

I. A law implementing Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJEU 2017, L 57) (implementing act of the EU Regulation).

94th Act of 20 January 2021 implementing Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1) (EU Maritime Port Regulation Implementing Act)

Whereas We have considered that it is desirable to implement Regulation (EU) 2017/352; We, therefore, having heard the Advisory Division of the Council of State, and in consultation with the States-General, have approved and decreed as We hereby approve and decree:

Article 1. General provisions

1. For the purposes of this Act:

‘provider of port services’ means a provider of port services within the meaning of Article 2(13) of the EU Maritime Port Regulation;

‘Authority for Consumers and Markets’ means the Authority for Consumers and Markets, as referred to in Article 2(1) of the Act establishing the Authority for Consumers and Markets;

‘competent authority’ means a competent authority within the meaning of Article 2(3) of the EU Maritime Port Regulation;

‘EU Maritime Port Regulation’ means Regulation (EU) 2017/352 of the European Parliament and of the Council of 15 February 2017 establishing a framework for the provision of port services and common rules on the financial transparency of ports (OJ L 57, 3.3.2017, p. 1);

‘managing body of the port’ means a managing body of the port within the meaning of Article 2(5) of the EU Maritime Port Regulation;

‘Our Minister’ means Our Minister for Infrastructure and Water Management;

‘maritime port’ means a maritime port within the meaning of Article 2(16) of the EU Maritime Port Regulation.

2. An amendment to the EU Maritime Port Regulation shall, for the purposes of this Act, apply from the date on which the amendment concerned is to be implemented.

Article 2. Scope

1. This Act shall apply solely to maritime ports forming part of the trans-European transport network, as referred to in Article 1(4) of the EU Maritime Port Regulation.

2. This Act shall apply inside port areas and on the waterway access to ports, as referred to in the introductory wording of Article 1(2) of the EU Maritime Port Regulation.

Article 3. Publication of information on the selection procedure for port services

By order of Our Minister, further rules may be laid down concerning:

a. the publication of minimum requirements and the notification of changes to the criteria and procedure, as referred to in Article 4(6) of the EU Maritime Port Regulation;

b. the limitation of the number of providers of a port service by a managing body of a port or competent authority with regard to the information, selection procedure or method of publication, as referred to in Article 6(4) of the EU Maritime Port Regulation.

Article 4. Port infrastructure charges

The managing body of a port or, where appropriate, the competent authority shall impose a port infrastructure charge in accordance with Article 13 of the EU Maritime Port Regulation.

Article 5. Consultation of port users and other stakeholders

By order of Our Minister, further rules may be laid down regarding the consultation of port users and other stakeholders, as referred to in Article 15 of the EU Maritime Port Regulation, by the managing body of a port or, where appropriate, the competent authority.

Article 6. Filing of complaints

1. A port user or other stakeholder may file a complaint, as referred to in Article 16 of the EU Maritime Port Regulation, with the Authority for Consumers and Markets against a managing body of a port, competent authority or provider of port services regarding the manner in which it exercises its duties and powers under the Regulation or this Act, or complies with its obligations under the Regulation or this Act.

2. By way of derogation from paragraph 1, complaints may not be filed regarding decisions under Article 27f of the Pilotage Act.

Article 7. Handling of complaints

1. The Authority for Consumers and Markets shall be responsible for handling complaints as referred to in Article 6, except those relating to Article 9 or 14 of the EU Maritime Port Regulation. In that case, it shall transfer the complaint for handling by Our Minister or Our Minister for Social Affairs and Employment, in accordance with a division of tasks to be determined by the aforementioned Ministers by ministerial order.

2. The body handling a complaint shall take a decision within 4 months of receipt of the complaint. That period may be extended once by 2 months.

3. The managing body of a port, competent authority or provider of port services shall, within the period set by the body handling a complaint, provide any cooperation which it may reasonably require in order to handle the complaint.

4. Article 4:15 of the General Administrative Law Act shall apply mutatis mutandis to the period within which a complaint is decided on, it being understood that that time limit shall also be suspended if the body handling the complaint requests information from a provider of port services, competent authority or managing body of a port for the purpose of handling the complaint.

5. The decisions of the complaint-handling body shall be binding.

6. By order of Our Minister and Our Minister for Social Affairs and Employment, rules may be laid down on the procedure to be followed in the filing and handling of complaints under this article, distinguished, if necessary, according to the division of tasks between those Ministers.

Article 8. Monitoring

The Authority for Consumers and Markets shall be responsible for monitoring compliance with the EU Maritime Port Regulation, with the exception of Articles 9 and 14 thereof, and as provided for in or pursuant to this Act.

Article 9. Penalties

1. The Authority for Consumers and Markets may, in the event of infringement of articles of the EU Maritime Port Regulation, with the exception of Articles 9 and 14 thereof, or of the provisions laid down in or pursuant to this Act, impose on the offender:

a. a penalty order or

b. an administrative fine of up to EUR 900 000 or 10% of the offender’s turnover, whichever is greater.

2. Our Minister or Our Minister for Social Affairs and Employment may, in the event of infringement of Article 7(3) or of the rules laid down pursuant to Article 7(6), impose a penalty order.

Article 10. Costs associated with the tasks of the Authority for Consumers and Markets

By way of derogation from Article 6a of the Act establishing the Authority for Consumers and Markets, the costs of the Authority relating to the performance of tasks under the EU Maritime Port Regulation or this Act shall not be charged to market organisations.

Article 11. Amendments to annexes to the General Administrative Law Act

1. In Annex 1 to the General Administrative Law Act, the following is inserted in alphabetical order: EU Maritime Port Regulation Implementing Act: Article 7, in so far as a decision of the Authority for Consumers and Markets is concerned.

2. In Article 4 of Annex 2 to the General Administrative Law Act, the following is inserted in alphabetical order: EU Maritime Port Regulation Implementing Act: Article 7, in so far as a decision of the Authority for Consumers and Markets is concerned.

3. In Article 7 of Annex 2 to the General Administrative Law Act, the following is inserted in alphabetical order: EU Maritime Port Regulation Implementing Act: Article 9(1).

4. In Article 11 of Annex 2 to the General Administrative Law Act, the following is inserted in alphabetical order: EU Maritime Port Regulation Implementing Act: Article 9(1).

Article 12. Repeal of the Act laying down provisions on the privatisation of the State Fishing Port Authority

The Act laying down provisions on the privatisation of the State Fishing Port Authority is hereby repealed.

Article 13. Entry into force

This Act shall enter into force on a date to be determined by royal decree, which may vary for the different articles or parts thereof.

Article 14. Official title

This Act may be cited as ‘the EU Maritime Port Regulation Implementing Act’.

We order and command that this Act be published in the Bulletin of Acts and Decrees and that all ministries, authorities, bodies and officials whom it may concern diligently implement it.

 

II. A regulation of the Minister of Infrastructure and Water Management and the Minister of Social Affairs and Employment, of 11 February 2021, no. IENW / BSK-2021/11012, containing rules with regard to the handling of complaints in the context of the implementation of the EU Regulation.

Order No IenW/BSK-2021/11012 of 11 February 2021 of the Minister for Infrastructure and Water Management and the Minister for Social Affairs and Employment laying down rules on the handling of complaints in the context of the implementation of the EU Maritime Port Regulation (‘EU Maritime Port Regulation Implementing Order’)

The Minister for Infrastructure and Water Management and the Minister for Social Affairs and Employment,

Having regard to Article 7(1) of the EU Maritime Port Regulation Implementing Act,

HAVE DECIDED AS FOLLOWS:

Article 1

Complaints as referred to in the second sentence of Article 7(1) of the EU Maritime Port Regulation Implementing Act shall be handled by:

a. the Minister for Infrastructure and Water Management, for complaints relating to work carried out in or on a seagoing or inland waterway vessel, with the exception of construction, conversion, repair or dismantling, maintenance or cleaning and other related work on such vessels, and of loading and unloading, unless the work is carried out by an employee who is a member of the crew of a seagoing or inland waterway vessel;

b. the Minister for Social Affairs and Employment for the handling of all other complaints.

Article 2

The following shall be responsible for the handling of complaints:

a. on behalf of the Minister for Infrastructure and Water Management: officials of the Human Environment and Transport Inspectorate; and

b. on behalf of the Minister for Social Affairs and Employment: officials of the Social Affairs and Employment Inspectorate.

Article 3

This Order may be cited as ‘the EU Maritime Port Regulation Implementing Order’.

Article 4

This Order shall enter into force on the date of entry into force of the EU Maritime Port Regulation Implementing Act.

This Order shall be published, together with the explanatory memorandum, in the Government Gazette.

 

EXPLANATORY MEMORANDUM

The second sentence of Article 7(1) of the EU Maritime Port Regulation Implementing Act provides that complaints under Article 6 of that Act are to be handled by the Authority for Consumers and Markets (Autoriteit Consument en Markt, ACM), with the exception of those relating to Articles 9 (Safeguarding of employees’ rights) and 14 (Training of staff) of the EU Maritime Port Regulation .  As a ‘one-stop shop’, the ACM is the recipient of all complaints. Complaints relating to Articles 9 and 14 of the EU Maritime Port Regulation are forwarded by the ACM to the Social Affairs and Employment Inspectorate (Inspectie Sociale Zaken en Werkgelegenheid, SZW Inspectorate) or the Human Environment and Transport Inspectorate (Inspectie voor de Leefomgeving en Transport, ILT) for them to handle.

This Ministerial Order sets out the division of tasks between the aforementioned Inspectorates in line with Articles 3.3 and 3.3a of the Designation Order on supervisory officials and officials with specific implementation tasks under social affairs and employment legislation. This means that the ILT will handle complaints relating to work carried out in or on a seagoing or inland waterway vessel, with the exception of construction, conversion, repair or dismantling, maintenance or cleaning and other related work on such vessels, and of loading and unloading. If the work is carried out by an employee who is a member of the crew of a vessel, the exceptions do not apply. The handling of complaints by the ILT is, of course, based on the existing social and labour legislation, if necessary in consultation with the SZW Inspectorate. Other complaints filed with the ACM and relating to Articles 9 and 14 of the EU Maritime Port Regulation are handled by the SZW Inspectorate.

Article 7 of the EU Maritime Port Regulation Implementing Act contains rules on the handling of complaints. The sixth paragraph of that Article allows further rules to be laid down on the procedure to be followed for the filing and handling of complaints. No such rules have so far been laid down. The ILT and the SZW Inspectorate will jointly monitor complaints transferred by the ACM. Depending on the outcome of their monitoring, the need for (further) rules will be considered.

The financial impact of this Order will depend on the extent and nature of the complaints. There is currently no reason to assume that compliance with the provisions of the EU Maritime Port Regulation will give rise to a large number of complaints. In addition, existing complaint-handling expertise may be used in the handling of complaints.

No online consultation has taken place because this Order does not significantly change the rights and obligations of citizens and businesses and does not significantly affect implementation practice.

A draft of this Order was submitted to the Dutch Advisory Board on Regulatory Burdens, which did not select the file for a formal opinion. This choice was made because this Order does not result in any regulatory burdens.

This Order will enter into force on the date of entry into force of the EU Maritime Port Regulation Implementing Act. The minimum implementation period and common commencement dates set by the Government have therefore not been applied on the ground that the implementation of EU legislation is involved.

Article 16 – Handling of complaints

In accordance with accepted by the Government of the Republic of Poland draft Act on the amendment of the Act on maritime ports and harbours and some other acts (drafted Article 2a paragraph 4 of the Act of 20 December 1996 on maritime ports and harbours), provider of port services may lodge a complaint to the director of the maritime office regarding to the infringement of the provisions of the Regulation 2017/352 by the managing body of the port. Procedure for the handling of complaints are indicated in the Article 43aa of the Act of 21 March 1991 on maritime areas of the Republic of Poland and the maritime administration:

"Art. 43aa. 1. Director of the competent maritime office will handle complaints related to the infringement of the provisions of the Regulations 2017/352 in accordance with the Article 16 of this Regulation.

2. The complaint should contain information and documents confirming infringement of the provisions of the Regulation 2017/352.
3. Director of the maritime office returns accordingly to the managing body of the port, within the meaning of the Act of 20 December 1996 on maritime ports and harbours, provider of port services or port user, within the meaning of the Regulation 2017/352, whose are concerned by the complaint, to present, in time depending on the complexity of the case, but not longer than 3 months, their position in the case.
4. Director of the maritime office will investigate the complaint without undue delay, but not later than within 2 months from the date of receipt of the last position mentioned in paragraph 3.
5. In the scope not regulated in the Act, to the handling of complaints mentioned in paragraph 1, provisions of Part VIII of the Act of 14 June 1960 - Code of Administrative Procedure shall be applied accordingly.
6. In case of infringement of the provisions of the Regulation 2017/352 done by the managing body of the port or the provider of port services, director of the maritime office will determine, in the administrative decision, the scope of infringements found and will set a deadline of their correction."

Article 17 – Relevant Authority

Article 43aa paragraph 1 of the Act of 21 March 1991 on maritime areas of the Republic of Poland and the maritime administration, tasks of the “Competent authority” within the meaning of the Article 17 of Regulation will be held by the directors of the locally competent maritime offices.

Director of Maritime Office in Gdynia
ul. Chrzanowskiego 10,
81-338 Gdynia
umgdyumgdy [dot] gov [dot] pl (umgdy[at]umgdy[dot]gov[dot]pl)
https://www.umgdy.gov.pl/

Director of Maritime Office in Szczecin
Stefan Batory Square 4
70-207 Szczecin
sekretariatums [dot] gov [dot] pl (sekretariat[at]ums[dot]gov[dot]pl)
https://en.ums.gov.pl/

Article 16 – Handling of complaints

Not notified by the Member State.

Article 17 – Relevant Authority

Not notified by the Member State.

Article 16 – Handling of complaints

‘Article 66³

1. The Supervisory Board shall resolve the complaints referred to in Article 66²(2) and (22), within a maximum of 120 working days from the date on which the complaint was considered complete.
2. Once all the information requested has been received, the specialised body referred to in Article 66¹(16) shall submit a note declaring the complaint complete to the Supervisory Council for its approval. The Supervisory Council shall order a letter to be sent to the complainant either regarding the date on which the complaint was declared complete or as regards completing the information contained in the complaint, as applicable. In the latter case, the procedure for obtaining all the information necessary to declare the complaint complete shall be resumed.
3. Once the complaint has been declared complete and where it considers it necessary, the Supervisory Council may request additional information with a view to resolving the complaint, in accordance with Article 66²(5), within the time limit laid down in subparagraph (1).
4. Following analysis of all the information requested, the specialised body referred to in Article 66¹(16) shall draft a note analysing the complaint, which it shall send to the Supervisory Council.
5. The Supervisory Council may decide to hear the parties involved, if it considers this necessary in order to resolve the complaint.
6. Failure by the parties involved to attend the hearing and the refusal to make a statement shall not constitute an obstacle to resolving the complaint.
7. Before the end of the period of 120 working days from the date on which the complaint was declared complete, the Supervisory Council shall deliberate and take its decision.
8. The Supervisory Council shall lay down, by regulation, the conditions that a request submitted to it must meet in order to qualify as a complaint and the procedure for resolving that complaint.
9. The Supervisory Council may, where appropriate and by decision:
   • order that the infringement of the provisions of this Order be brought to an end, in accordance with its jurisdiction, and impose on the parties the corrective measures necessary to effectively bring the infringement to an end and to ensure that the situation identified is remedied;
   • declare the infringements and apply the penalties provided for in this Order within its jurisdiction;
   • reject the complaint.
10. The Supervisory Council shall reject the complaint if:
    • it is unfounded or unproven;
    • the person lodging the complaint fails to provide the requested information by the date set by the Supervisory Council;
    • there is no infringement of this Order, in accordance with the jurisdiction of the Supervisory Council, or the issues contained in the complaint are not subject to the provisions of this Order, in accordance with the jurisdiction of the Supervisory Council.’

Article 17 – Relevant Authority

(31) The Supervisory Council is the relevant authority in Romania, in accordance with the provisions of Article 17 of the Regulation. The Supervisory Council shall resolve complaints resulting from the application of Articles 3, 4, 5, 6, 8, 11, 12, 13 and 15 of the Regulation for the maritime ports falling within its scope. The Supervisory Council shall monitor compliance with the provisions of the Regulation and shall examine infringements ex officio.

(192) The Supervisory Council shall issue decisions approving regulations and instructions to be implemented by order of the President of the Competition Council and published in the Official Gazette of Romania, Part I.

The Supervisory Council shall have the following duties:

1. it shall monitor the extent to which the port authorities referred to in Article 23(1) and (2) comply with Article 24(1)(a);
2. it shall approve the basic rules on charges laid down for the use of port infrastructure and inland waterway infrastructure, levied by the port authorities referred to in Article 23(1) and (2), and the cost-based structure thereof;
3. it shall approve the basic rules on rental charges, including the fee for the lease and concession/sub- concession of port land belonging to the public domain of the State or to the administrative territorial units, levied by the port authorities referred to in Article 23(1) and (2);
4. it shall approve the basic rules on the charges levied by the port authorities referred to in Article 23(1) and (2) for the performance of safety services and the cost- based structure of these charges and verify that they are proportionate to the cost of the service provided;
5. it shall ensure that the charges referred to in points (b) to (d), set in accordance with Article 37(2), are applied in a non-discriminatory manner;
6. it shall, ex officio or following a complaint, examine – and issue decisions on – instances of unfair or discriminatory treatment resulting from decisions of the shipping infrastructure manager as regards:
   • access to the shipping infrastructure;
   • the level and/or structure of rental charges/fees/user charges applied in relation to port and inland waterway infrastructure and the performance of safety services;
   • the minimum requirements for the provision of safety services;
   • the procedure for granting/refusing the right to provide safety services;
7. it shall monitor and approve the procedure for drawing up the framework contracts provided for in Article 40¹;
8. it shall make recommendations on the adoption of measures to facilitate the development of the shipping sector;
9. it shall collaborate with other public authorities in carrying out its tasks;
10. it shall regularly review compliance with the legal framework in its field of activity and make proposals for its improvement, in line with European Union rules;
11. it shall exchange information with similar supervisory bodies in the European Union Member States as regards their decision-making practices, principles and work so that they are harmonised.’

Director
Piaţa Presei Libere, nr. 1, corp D1, Sector 1,
Cod Poştal 013701,
Bucureşti,
Oficiul Poştal 18 Ghişeul 3
consiliul [dot] navalconsiliulconcurentei [dot] ro (consiliul[dot]naval[at]consiliulconcurentei[dot]ro)
http://www.consiliulnaval.ro/

Article 16 – Handling of complaints

The Government shall determine which authority is to examine issues under Articles 16 and 18 of the EU's Port Regulation (examining authority).

At the examining authority's request, a managing body of a port or a provider of port services shall submit the information and the documents required for the examination. If necessary for purposes of speed, owing to the scope of the material or for any other reason, the information or documents may be gathered by visiting the managing body of a port or the provider of port services.

Article 17 – Relevant Authority

The Swedish Transport Agency is the relevant authority pursuant to Articles 11(5), 12(3) and 13(6) of the EU’s Port Regulation.

Swedish Transport Agency Maritime Department
SE-601 73
Norrköping
Sweden
+46 771-50 35 03
sjofarttransportstyrelsen [dot] se (sjofart[at]transportstyrelsen[dot]se)
https://www.transportstyrelsen.se/en

Article 16 – Handling of complaints

Not notified by the Member State.

Article 17 – Relevant Authority

With regard to the transparency of financial relations referred to in Article 11 of Regulation (EU) 2017/352, the provisions of the Act on the Transparency of Financial Relations and the separate registration of various activities (Official Gazette of the Republic of Slovenia No 33/11) shall apply to the supervisory authority, the procedure and the sanctions for infringements. As regards the provisions set out in Articles 12 and 13 of Regulation (EU) 2017/352 relating to port service charges and port infrastructure charges, it provides, in accordance with the Maritime Code (Official Gazette of the Republic of Slovenia No 62/16 — official consolidated text, 41/17, 21/18 — ZNOrg and 31/18 — ZPVZRZECEP), the Minister for Infrastructure, before their publication.

Ministry of Infrastructure
Langusova ulica 4
1535 Ljubljana
+386 1 478 80 00
gp [dot] mzigov [dot] si (gp[dot]mzi[at]gov[dot]si)
https://www.gov.si/en/state-authorities/ministries/ministry-of-infrastr…

Article 16 – Handling of complaints

Under article 16(7), the procedure for complaints is set out at regulation 9 of the Statutory Instrument (SI).

SI: https://www.legislation.gov.uk/uksi/2019/575/contents/made

Article 17 – Relevant Authority

The authorities responsible for handling complaints are defined at regulation 3(1) of the Statutory Instrument (SI).

SI: https://www.legislation.gov.uk/uksi/2019/575/contents/made

Ports in England and reserved trust ports: the Secretary of State.

Ports in Wales except reserved trust ports: the Welsh Ministers.

Ports in Scotland: the Scottish Ministers.

Ports in Northern Ireland: the Department for Infrastructure.

Department for Infrastructure
Corporate Policy Unit
Clarence Court
10-18 Adelaide Street
Belfast
BT2 8GB
028 9054 0540
infoinfrastructure-ni [dot] gov [dot] uk (info[at]infrastructure-ni[dot]gov[dot]uk)
https://www.infrastructure-ni.gov.uk/