European Maritime Law Organisation Malta Maritime Law Association JOINT EMLO AND MMLA SEMINAR VALLETTA, MALTA, 8 MAY 2014 Philip Wareham Hill Dickinson LLP
What keeps you awake at night? Two issues for ports: New rules for port concessions Ports Services Regulation
Issues for Ports
Procurement and concessions New landscape from 2016/17 Package adopted on 26.2.14 and published in OJ on 28.3.14; deadline 18.4.16 Ports still targeted Award of services concessions now caught
Services Concessions Contracts “for pecuniary interest… the consideration of which…consists either solely in the right to exploit the [contract] services…or in that right together with payment” Exception for some land lease contracts Competitive market exemption
Port Services Regulation Controversial! Resurfaced in 2012 Aims to – Strengthen market access for (pilotage, towage, mooring, dredging, bunkering and waste disposal) Ensure financial transparency, incl. cargo handling charges Improve port coordination and consultation Lapsed…for now
Where next?
Contact details Philip Wareham Head of EU & Competition Hill Dickinson LLP DD: +44 (0)20 7280 9282 E: philip.wareham@hilldickinson.com