REFLECŢII ASUPRA SERVICIILOR PORTUARE ÎN LUMINA NOILOR REGLEMENTĂRI EUROPENE
ABSTRACT OF REFLECTIONS ON FRAMEWORK FOR THE PROVISION OF PORT SERVICES REGARDING NEW EUROPEAN REGULATIONS

Summary/Abstract: For the purpose of efficient, safe and environmentally friendly port management, the right of the port administration to be able to impose that port service providers, pilotage - remodeling of seagoing vessels, be able to demonstrate that they meet the minimum requirements for the provision of that service in an appropriate manner. The minimum requirements imposed by the port administration are limited to a set of clearly defined conditions insofar as the requirements are transparent, objective, non-discriminatory, proportionate and relevant to the provision of that port service. The minimum requirements imposed by the Port Administrator contribute to a high quality of port services and not to introduce barriers on the market. The European normative act establishes the rule that, at the request of the port management body, port service providers can demonstrate the ability to serve a minimum number of ships, providing the necessary staff and equipment. With the set of uniform rules adopted at European level, the quality of port services will increase because the right to impose certain service delivery capability criteria leads to correlative investments, higher qualification and therefore better services. In deciding whether a port service provider meets the requirements of good repute, the port administration will consider whether there is any reasonable doubt as to the reliability of the port service provider, such as convictions or sanctions for serious crimes or serious violations of the law Union and applicable national law. With regard to the implementation of the provisions of Chapter II of the Regulation, the provision of port services, States may decide to apply the regulations established by informing the European Commission of such a decision. In order to ensure the correct and effective application of the Regulation, our country has set up the Naval Stewardship Council to ensure the existence of effective complaints handling procedures conferred by Law 235/2017. We have previously pointed out that the emergence of this new body is not exempt from a future constitutionality control, as it would have been necessary to adopt measures to modify the existing legislative framework and to Law 21/1996 on competition in conjunction with the text of the normative act that establishes this new administrative body. In such a context, the Romanian legislature decided to amend the provisions of Government Ordinance no.22 / 1999 on the administration of the ports and waterways, the use of the public transport infrastructure of the public domain, as well as the carrying out of the shipping activities in ports and inland waterways, without indicating concrete measures to comply with the provisions of 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 of common rules on financial transparency for ports, which will determine the emergence of complex litigation in practice.

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