Consultation outcome

Repealing the EU port services legislation

Updated 31 July 2023

Executive summary

The EU Port Services Regulation (PSR) came into effect in March 2019.

It is EU law that was directly applicable to the UK as a member state and was supplemented in domestic legislation by practical and procedural provisions in The Port Services Regulations 2019.

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. This EU regulation is known as retained EU law. The regulation provides a framework for the provision of port services, common rules on financial transparency and on port infrastructure charges.

The UK has a highly competitive (and largely private) ports sector. The PSR was designed and implemented with EU public sector ports in mind. Having left the EU, the UK now has an opportunity to review this regulation and its appropriateness for our ports sector.

The government has signalled its intention to revoke the PSR. On 16 September 2021, Lord Frost told the House of Lords:

We also intend to repeal the EU’s Port Services Regulation – which is a very good example of a regulation that was geared heavily towards EU interests and never worked properly for the UK.

This consultation seeks views on the intention to repeal the PSR and its 2 associated statutory instruments (SIs) as part of the legislation process, and on the transitional arrangements for doing so.

It also invites evidence about the costs and other effects that should be covered in an impact assessment, which is required as part of the legislative process.

Proposals

Regulation (EU) 217/352, 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 government’s view is that all these areas are sufficiently covered in the UK by commercial practice within the framework of domestic law.

In some of these areas, there were also preexisting provisions in UK and/or devolved legislation. For example, the Harbours Act 1964 contains (s.30) requirements for the publication of charge tariffs and (s.31) provisions for objecting to ship, passenger and goods dues, while the Transfer of Undertakings (Protection of Employment) Regulations continue, as retained EU law, to provide safeguards in this area.

Through new primary legislation, when Parliamentary time allows, we intend to:

• repeal the PSR as EU retained law
• revoke The Port Services Regulations 2019, which implements discretionary and mandatory elements of the PSR
• amend the Pilotage and Port Services (Amendment) (EU Exit) Regulations 2020, to revoke 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 2019 Regulations provide for complaints to be made in accordance with the PSR. They provide that a complaint must be made within 45 days of the act or omission in question.

After that, the enforcement authority has 14 days to serve notice on the respondent port, and at the same time, a 60-day preliminary consideration period begins.

The subsequent decision and appeals processes are set out in the regulations.

In over two and a half years since the legislation has been in effect, no complaint has yet been made in the UK.

Should any complaint be open or made on the date of the coming into force of the proposals, this consultation proposes that transitional arrangements will apply.

Under the transitional arrangements, we are proposing that Part 3 of the 2019 Regulations (complaints and appeals) would continue to have effect to define the process for completing any outstanding complaint or appeal. We would, however, welcome any alternative views on transitional arrangements for complaints and/or appeals.

While ministers have already announced the intention to repeal when Parliamentary time allows, we invite your views on this.

Subject to the outcome of this consultation, and to legislative priorities, the PSR could be repealed and the SIs revoked and amended during the present Parliament.

Consultation questions

You

Are you responding:

• as an individual
• on behalf of an organisation

Individual details

Your location is?

• England
• Northern Ireland
• Scotland
• Wales
• Another territory

Organisation details

The location of your organisation location is?

• England
• Northern Ireland
• Scotland
• Wales
• Another territory

What is the approximate size of your organisation (number of employees)?

Comments on the proposals

1. As background to your responses below, do you agree or disagree with the government’s intention to bring legislation before Parliament to repeal the PSR?

2. Do you:

• think that revoking the legislation will have negative impacts on the UK’s ports sector? If so, why?
• think that revoking the legislation will have positive impacts on the UK’s ports sector? If so, why?
• think that revoking the legislation will have no material impact on the UK’s ports sector? If so, why?
• not know the likely impact on the UK’s ports sector?

3. Do you agree or disagree with the proposed transitional approach to complaints handling?

4. Have you an estimate of the administrative costs that are likely to be saved (or increased) each year, either generally or in a particular port or port group, as a result of repeal and revocation? Please give as much detail as you can. (This question is aimed particularly at port operators, but any respondent may answer.)

5. Do you have any other comments?

How to respond

The consultation period is 22 March 2022 to 22 April 2022. Ensure that your response reaches us by the closing date.

Further copies of this consultation document are available, or you can contact FPTengage@dft.gov.uk for alternative formats, such as Braille and audio CD, for example.

You may send your consultation response:

• via the online survey
• by downloading the response form and emailing us the return at FPTengage@dft.gov.uk
• by emailing FPTengage@dft.gov.uk directly with your comments
• by post to:

Freight and Ports Team, Maritime Directorate
Department for Transport
Great Minster House
33 Horseferry Road
London SW1P 4DR

When responding, state whether you are doing so as an individual or representing the views of an organisation. If responding on behalf of a larger organisation, make it clear who the organisation represents and, where applicable, how the views of members were assembled.

Freedom of information

Information provided in response to this consultation, including personal information, may be subject to publication or disclosure in accordance with the Freedom of Information Act 2000 (FOIA) or the Environmental Information Regulations 2004.

If you want information that you provide to be treated as confidential, be aware that, under the FOIA, there is a statutory code of practice with which public authorities must comply and which deals, among other things, with obligations of confidence.

In view of this, it would be helpful if you could explain to us why you regard the information you have provided as confidential. If we receive a request for disclosure of the information, we will take full account of your explanation, but we cannot give an assurance that confidentiality can be maintained in all circumstances. An automatic confidentiality disclaimer generated by your IT system will not, of itself, be regarded as binding on the Department for Transport (DfT).

DfT will process your personal data in accordance with the data protection act (DPA) and, in the majority of circumstances, this will mean that your personal data will not be disclosed to third parties.

Data protection

This consultation is about gathering views to inform our decision on revoking the PSR. We are asking for:

• your name and email address, in case we need to ask you follow-up questions about your responses (you do not have to give us this personal information, but if you do provide it, we will use it only for the purpose of asking follow-up questions)
• whether you are representing an organisation or yourself
• the region you or your organisation is based in. This is so we can conduct regional and sectoral analysis of the responses

Your consultation response and the processing of personal data that it entails are necessary for the exercise of our functions as a government department. DfT will, under data protection law, be the controller for this information.

Any information you provide will be kept securely and destroyed within 12 months after the closing date. Any information provided through the online questionnaire will be moved to our internal systems within 2 months of the consultation period end date.

DfT’s privacy policy has more information about your rights in relation to your personal data, how to complain and how to contact the data protection officer.

To receive this information by telephone or post, contact us on 0300 330 3000 or write to:

Data protection officer
Department for Transport
Ashdown House
Sedlescombe Road North
St Leonards-on-Sea TN37 7GA

Your information will be kept securely on a secure IT system within DfT with limited staff access and destroyed within 12 months after the consultation has been completed.

What happens next

A summary of responses, including the next steps, will be published within 3 months of the consultation closing. Paper copies will be available on request.

If you have questions about this consultation, contact:

Freight and Ports Team, Maritime Directorate
Department for Transport
33 Horseferry Road
London SW1P 4DR

Email: FPTengage@dft.gov.uk