Regulation of the port services market in Ukraine and Law of EU: a comparative analysis
The article provides a comparative analysis of the legislation of Ukraine and the law of EU, resulting in the formulation of the main differences in the methods and principles of regulation of the market of port services.
To this end, the provisions of the Regulation of the European Parliament and of the Council of 15 February 2017 No 2017/352, which sets out the framework for the provision of port services and the general rules on financial transparency of ports, which contain rules on the organization of the market for port services, including minimum requirements for provision of port services, limitation of the number of suppliers, public service obligations, restrictions related to internal operators. The provisions of this regulation are compared with the norms of the Law of Ukraine “On Seaports” and the Rules of rendering services in the seaports of Ukraine, approved by the Order of the Ministry of Infrastructure of Ukraine No. 348 of 05.06.2013.
It is noted that, given the state of the port services market in Ukraine, it also presents situations that require regulation and organizational influence. Such situations are: indefinite status of port operators, because of which, there are controversial issues and independent interpretation of the Laws of Ukraine "On Seaports" regarding its definition; competition arising from maritime operators in the context of reduced cargo flows and excess port capacity, taking into account the lack of organizational regulation of this issue, which is fixed at the legislative level, ultimately leads to unfair competition and corruption schemes;
lack of legislative regulation of public obligations in the maritime transport sector, which leads to the uncertainty of these obligations.
Thus, the peculiarities of the port services market in Ukraine and the need to consolidate at the legislative level the provisions on regulation of this market, taking into account the provisions of the law of EU on the regulation of the market of port services with differences stipulated by national legislation. Therefore, it is proposed that by amending the Law on Seaports of Ukraine, to determine the status of port operators, to establish criteria for obtaining this status, to formulate rules on the transparency of the selection of port operators for the provision of a particular port service in order to eliminate unfair competition corruption, identify public obligations in the maritime sector.
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 (Text with EEA relevance). Document 32017R0352. URL: http://data.europa.eu/eli/reg/2017/352/oj [in English].
About seaports. Law of Ukraine of May 17, 2012 No. 4709-VI. URL: zakon.rada.gov.ua › laws › show [in Ukrainian].
The management of the State Enterprise “BMTP” addressed the Prosecutor General’s Office from 24.01.2017. URL: bmtport.com.ua › руководство-бмтп-обратилос… [in Ukrainian].
The Seaport Authority has defined the criteria and documents required to obtain the status of port operator as of March 20, 2017. URL: mtu.gov.ua › news › PrintVersion [in Ukrainian].
On protection of economic competition. Law of Ukraine dated January 11, 2001, No. 2210-III. URL: https://zakon.rada.gov.ua› … [in Ukrainian].
On approval of the Strategy for the development of seaports for the period until 2038. CMU Order dated 11.07.2013.
No. 548-2013-p. URL: https://zakon.rada.gov.ua › … [in Ukrainian].
On protection from unfair competition. Law of Ukraine dated 07.06.1996. No. 236/96-BP. URL: https://zakon.rada.gov.ua › laws › show [in Ukrainian].
Treaty establishing the European Community (Consolidated version 2002). Document 12002E/TXT. ELI: http://data.europa.eu/eli/treaty/tec_2002/oj [in English].
2005/842/EC: Commission Decision of 28 November 2005 on the application of Article 86(2) of the EC Treaty to State aid in the form of public service compensation granted to certain undertakings entrusted with the operation of services of general economic interest (notified under document number C(2005) 2673). Document 32005D0842. URL: http://data.europa.eu/eli/dec/2005/842/oj [in English].
Council Regulation (EEC) No 3577/92 of 7 December 1992 applying the principle of freedom to provide sevices to maritime transport within Member States (maritime cabotage). Document 31992R3577. ELI: http://data.europa.eu/eli/reg/1992/3577/oj [in English].
Approval of the list of services of general economic interest. Resolution of the Cabinet of Ministers of Ukraine. Kiev. 28.03.2018, № 420. URL:https://zakon.rada.gov.ua › … [in Ukrainian].
On approval of the National Transport Strategy of Ukraine until 2030. CMU Ordinance. Kiev. May 30, 2018 № 430-p. URL:
https://zakon.rada.gov.ua › …