Brussels – It is not just energy and taxation; the European Commission is pressing ahead with infringement proceedings against Italy. The European Commission has once again cautioned Italy, France, and Spain regarding the rules on port services and has sent a reasoned opinion to the three countries as part of infringement proceedings. At the heart of the dispute is the requirement that vessels carrying out towing and mooring operations in national ports must fly the flag of the respective country.
According to the European Commission, the national regulations of Italy, France, and Spain are not compatible with European Regulation on port services and freedom of establishment as provided for in the Treaties. The European Commission had already sent letters of formal notice to the three Member States in January 2026, but had not observed sufficient progress to resolve the issues.
The EU Regulation allows Member States, subject to certain conditions of transparency, non-discrimination, and proportionality, to impose requirements regarding the flag of ships used for towage and mooring services. The aim is to ensure compliance with national social and labour standards, including those relating to inspections.
In the Commission’s view, however, Member States can already enforce their own social and labour standards through inspections, regardless of the flag of the vessel being inspected. Should they nevertheless decide to introduce a flag requirement, this should apply to the flag of any EU Member State and not to that of any single country.
The requirement to use only vessels flying the Italian, French, or Spanish flag therefore introduces a restriction which Brussels considers incompatible with the obligations arising from EU law. Italy, France, and Spain now have two months to respond to the reasoned opinion and remedy the alleged infringements. Failing this, the Commission may decide to refer the three countries to the Court of Justice of the European Union.
English version by the Translation Service of Withub
