January, 2016
Commission’s proposals to Greece on tonnage tax
The European Commission has sent to Greece a set of proposals to prevent abuse of tonnage tax.
Although the tonnage-based flat-rate taxation scheme applied to shipping enterprises is considered as legitimate, Commission found it cannot be applied to port tugs, fishing vessels, recreational crafts (albeit in charter), intermediaries and brokers, individual shareholders, otherwise it would constitute State aid.
European Commission opens investigation on the Port of Antwerp
The Commission has opened an in-depth investigation into an allegedly State aid granted by the Antwerp Port Authority to two container terminal operators of the Port of Antwerp (Belgium).
The Port of Antwerp is managed by the Antwerp Port Authority, a public authority fully owned by the city of Antwerp, which makes land available to companies to operate in the port area based on concession agreements. In 2004, the Authority concluded with PSA Antwerp NV and Antwerp Gateway NV (two container terminal operators) concessions contracts on the grounds of the so called minimum tonnage requirement. Such condition requires that a minimum number of containers must be handled in the port every year. However, between 2009 and 2012 the two operators did not reach the aforementioned requirements and the Authority, instead of collecting the compensation due on the basis of the concession contracts, retroactively revised the minimum tonnage requirements downwards. As a result, the amount of compensation to be paid was significantly reduced by around 80%.
Passenger rail transport: carrier’s liability and passengers’ rights – Regulation 1371/2007
The Commission clarified the following issues arising from the interpretation of the Regulation:
– the scope of the Regulation in relation to carriers from third countries
– form and content of tickets
– the liability of the carrier for delays, missed connections and train cancellations
– the rights of disabled persons and persons with reduced mobility